When you get in a car accident, truck wreck, or other vehicular collision, you generally have two kinds of claims. There are property damage claims, which are claims for the damage to your property, and there are personal injury claims, which are claims for the damage to your person and body and mind. It is important to understand how property damage claims work in South Carolina.
There are two general ways to handle your property damage claim against an at-fault driver in South Carolina. If you have Collision coverage, you can go through your own insurance for a property damage claim. Generally, after an accident, you pay a deductible and then your insurance company handles the claim. Your rights are subrogated to their insurance company and then they go after the at-fault driver and their insurance company for reimbursement. If you don’t have collision coverage, you have to go after the at-fault driver’s and their insurance for your property damage claim.
When you think about a property damage claim, you need to think about it in two general categories. First, there is the total loss claim category. Second is the repair claim category.
For total loss claims, these are property damage claims where you will be fighting for the fair market value of your vehicle at the time of the wreck. These are claims where the repair costs are higher than the value of the vehicle and the insurance company wants to just pay the Fair Market Value. In dealing with these claims, you need to be prepared to document the mileage on the vehicle at the time of the wreck, the condition of the vehicle prior to the wreck, and any options or add-ons that you put on the vehicle. You may end up needing to hire an independent adjuster to prove the fair market value of your vehicle at the time of the wreck.
For repair claims, this is actually a two part category, Not only do you need to consider the repair cost of the vehicle, but also the diminished value of your vehicle on the open market since it has been in a wreck. While repairs are usually easily handled because of insurance contracts with body shops, the diminished value portion of the claim is often harder to prove. You may end up needing to hire an independent adjuster to provide evidence of how much the wreck will impact your car’s resale value in the future.
For both the total loss claims and the repair claims, you need to keep your receipts for all of your expenses from your property damage claims. This can include tow receipts, storage fees, repair estimates and receipts, and other similar receipts and invoices. Also, if the contents of your vehicle were damaged, you can pursue a claim for the value of the contents. You need to have your receipts for those items, or have a means of establishing their value.
In South Carolina, there is an arbitration action available for property damage claims. The relevant statutes for that legal mechanism can be found in §§ 38-77-710 — 38-77-770 of the South Carolina Code of Laws. This process gets your case litigated more quickly in the event of a dispute about your property damage claim.
In the event that you pursue a property damage claim against an at-fault driver and their insurance company, it is a good idea to demand that you receive a copy of their repair estimate and their valuation of your vehicle before you release your vehicle to them. You also need to be able to document the damage to your vehicle and have your own estimates for repair and replacement. If you release your vehicle and then you cannot provide an estimate of the repair costs or of the value of your vehicle, then you may not be able to prove your case in the event that you challenge their valuation of your claim.
Finally, keep in mind that your property damage claim may seem pressing in the moment, but may not be your most important claim. Often, your personal injury claim will have a greater impact on your life. So don’t neglect to deal with the damage to your body while dealing with the damage to your vehicle.
Hiring a lawyer can be an important way to protect yourself after your South Carolina car wreck. Having a lawyer who knows what to do after a catastrophic truck accident can ensure that you are protected when it comes to dealing with the at-fault drivers and their insurance companies. Find a South Carolina law firm that you trust who helps guides you through the process. Saluda Law, LLC is here to walk with you after you have been hurt in an auto accident.
