A car accident recovery can be costly and take a long time. Once you are able to heal, your vehicle will be available for you to use for travel, work, and your family. You need to have your vehicle repaired or replaced immediately after it has been involved in a collision that left it damaged or completely destroyed.
After an accident, property damages are often the most costly costs. It can be difficult to get a fair settlement from the party responsible for the accident. You can still collect compensation if you are able to sue the person responsible for the property damage.
The car accident lawyers at The Law Offices of Gilbert Sperling, III can help you get the best compensation for your damage.
What Are the Best Ways to Recover Property Damage From a Car Accident?
The National Safety Council estimates that approximately 13.6 million cars are damaged each year by automobile accidents. You can consider yourself lucky if you are able to escape an accident without sustaining bodily injury. However, you could still be affected by damages to your vehicle or other personal property. You should seek out compensation for the accident victim through a property damage case.
This type of claim can be filed when:
- Vehicle was damaged in an accident.
- You didn’t sustain any physical injuries.
- Medical treatment is not necessary.
When damaged in a collision, many popular models of trucks and cars can be subject to high repair costs. According to the Insurance Institute for Highway Safety and Highway Loss Data Institute, repairs for the Dodge Ram 3500 crew-cab pickup truck cost approximately 139% more than average costs. A repaired vehicle can be worth less for a trade-in or resale, which will increase your losses following a crash.
Many people don’t realize that you can get compensation for other items damaged in an accident. If you had expensive golf clubs, birthday presents, or your laptop computer, these items can be claimed in a property damage case. You may also have valuables such as cellphones, glasses, children seats or clothing that was damaged or destroyed in the collision.
Who Do I Sue for Property Damage After an Accident?
No matter if the accident was caused by another driver, pedestrian or third parties, the at-fault party must pay you for any property damage. You can bring action against each individual who contributed to the accident. If they are not insured, you should seek out compensation from the insurance company of the responsible party.
Remember that insurance providers are not always willing to settle fair claims just because another driver has insurance. Even if the policyholder is clearly at fault, insurance companies won’t pay out claims.
Teams of adjusters and lawyers are employed to question evidence and prove the at-fault driver’s liability. They will work hard to minimize or deny your claims. They might refuse to pay you or offer a low-ball settlement in the hope that you will accept it.
Attorney Gil has the expertise to help you get the compensation you deserve. We are experts in legal representation and will fight for fair payments. They will hold insurance companies responsible, take your case to court if necessary, and ensure that you get the compensation you deserve.
Five Steps to Sue Someone for Property Damage in Georgia
There are five steps you can take to get financial help if your property was damaged in an accident.
Collect Information from the Accident
Start gathering information as soon as you notice the accident. Photograph everything damaged during an accident, including your car and any belongings inside.
When you interact with other drivers or police officers, don’t admit guilt or fault. You could lose your claim if you say anything.
Report the Accident to the Police
The police should be notified immediately to file an accident report. Ask for the contact information of witnesses if there were. If necessary, share your contact and insurance information with other drivers. Do not apologize for or mention anything else than your contact information and insurance details.
Do not be pressured by someone to tell you what happened. Instead, consult your lawyer.
Georgia recognizes property damage claims of diminished value. These laws require insurance companies to cover your car’s value loss after an accident. You will need to provide evidence such as repair bills, vehicle mileage, photos, and photographs of the car before and after repairs in order to get a fair payout.
Get a Vehicle Repair Appraisal
Once your insurance company has assessed the vehicle’s value, you will need to decide where to take it for service. Insurance companies may recommend certain repair shops, and you might be required to use them for repairs. However, this is not true.
It is important to go to a mechanic that you trust and are familiar with. You can also ask your family and friends for recommendations if you don’t know anyone. You might also get suggestions from your lawyer.
Repair shops can negotiate with insurance companies to determine the difference in cost if there are additional issues with your vehicle. Insurance companies will only pay what they consider reasonable for repairs to your vehicle. Insurance companies will often refuse to pay for repairs that are not necessary or of lower quality.
It is crucial to have a qualified car crash attorney on your side. They will work closely with your mechanic and insurance company to make sure your repairs are covered. Your car will look and perform the same as before the accident. Your car’s value will drop after an accident. Your lawyer can help you get the best possible compensation for it.
Make an Insurance Claim
Notifying your auto insurance company should be done. However, you might not have to file a claim against your own policy if someone else is at fault. You will usually file against their insurance first.
The driver who caused the crash is not covered by insurance. This is a significant exception. If you do not have Uninsured Motorists coverage, you will need to use your policy to cover the repairs.
No matter with whom you file your claim, keep a detailed list of all items that were destroyed. Include receipts, or any other proof that you can locate the transaction on your bank or credit card statements. If possible, take photos of all the property damaged and any photos of the items before the damage.
Your attorney will be able to build a strong case if you provide every piece of documentation that supports your property damage claim.
Filing a Court Lawsuit
It is not uncommon for an at-fault party’s insurance company delay, stall, or be unreasonable in denying your claim. If you and your lawyer have failed to reach a fair settlement after trying to resolve the costs through civil negotiations, it is time to take matters to court.
You have two options: file a lawsuit against the at-fault driver in a County court, or you can sue the insurance company for being unreasonable. Your lawyer will then use the evidence that you have collected to support your claim against the at fault party. You will need to prove that the other driver caused property damages and show the extent of your losses when you prepare for trial.
Get in Touch with a Property Damage Lawyer
An experienced attorney is necessary if you intend to sue another for property damages in Georgia. An experienced attorney can help you make the best decisions regarding your property damage recovery and how to proceed with the lawsuit process.
An attorney can help you gather evidence from past actions and other information that you might not have access to. Here are some examples of evidence that you might find useful:
- Photos of road and weather conditions
- Photos of other vehicles that were damaged by the collision
- Police reports
- All available traffic camera and dashcam footage
- Witness statements
- Accident investigator reports
- Estimates and repair bills
- Take inventory of any personal items that were damaged or destroyed during the crash
Insurance companies use accident investigators to find out what happened and who was at fault. However, they will try to minimize their liability to policyholders in order to reduce their responsibilities. To ensure fair and objective assessments of the accident and the damages, a qualified lawyer for car accidents will employ an independent investigator and automotive experts. If you don’t have one, they can provide a list with recommended repair shops.
Georgia Statute of Limitations for Property Damage Claims
Georgia Code SS9-332 gives residents a maximum period of four years in which to file a claim against property damage, regardless of whether the case is real estate or personal. The Georgia courts rarely extend the statute-of-limitations deadline for property damages claims. To ensure fair compensation for your losses you should file a lawsuit as soon as possible.
Contact The Law Offices of Gilbert Sperling, III Today to Schedule a Consultation Regarding Your Car Accident
You can still recover costs if you are not in an accident with bodily injury but you have suffered substantial property damage. Instead, contact The Law Offices of Gilbert Sperling, III to get help. Seal the deal with attorney Gil. We aggressively negotiate with insurance companies to get the best compensation for property repairs and replacement.
You don’t pay anything unless we win for your case. Call us today at 404-418-7816 for a complimentary consultation to discuss your situation and help you understand your options.