My car is totaled. Can I receive money for property damage before I get money for my injuries?

Well, this is a little tricky because, in practice, most of the time property damage claims are settled well before personal injury claims.

In fact, I’ve had some personal injury claims that take 4 or 5 years to resolve after the date of the accident. You can’t wait that long to have your car repaired.

auto accident property damageIn practice, most insurance companies have no interest in delaying handling your property damage claim in a fast manner. Usually, they assign a separate property damage adjuster who will handle getting your car repaired or making a total loss offer.

However, it’s important to note that, when you sign the release for the property damage claim, make sure the release does not release your injury claim.

It’s also important to note that if you are unable to resolve your property damage claim, you can’t file a separate lawsuit just for the property damage, separate from a lawsuit for your bodily injury. That is called claims splitting, and that’s not allowed. So if, for some reason, you’re unable to resolve your property damage claim on your own, it will need to be wrapped into your personal injury lawsuit and brought together at the same time.

Our car accident attorneys have many years of experience fighting insurance companies to gain fair settlements. If we need to fight for you in court, we are experts there, too. If you have been injured because of another driver’s mistake, you deserve to be made whole – and Premier Law Group will fight with you and for you to see that justice is served. Contact us today for your free case evaluation!