Who Has Claim To Damaged Parts When Said Vehicle Has Been Repaired

How to Get Your Motorcar Repaired or Paid-as-Totaled After an Accident

When you or a loved one has been involved in a car wreck, in that location are mostly ii possible types of claims involved.

1. A claim for harm to the machine (commonly called "holding damage")
2. A merits for personal injury or wrongful death (commonly chosen "actual injury").

At the Butler Law Firm, nosotros but handle actual injury cases—in other words, nosotros only represent people who take been involved in car wrecks as to their claims for injuries or death, not but damage to the machine.

But over the years, lots of people have chosen us looking for assistance dealing with the damage to the car, even if they weren't hurt in the blow. We put thisGeorgia Motorcar Impairment Manual to help those people.  At present we're putting it on the web for all to use. Georgia police allows property damage claims to be handled separately from personal injury claims.See O.C.Grand.A. § 51-1-32. That means that if you've been injured, you tin settle your claim for the damage to your car and become back on the road while you keep getting the medical treatment you need. While personal injury cases ofttimes need a lawyer, sometimes if there are no injuries and the only issue is damage to your car, yous may exist able to handle the claim yourself. (Come across Should I Hire a Lawyer Subsequently a Machine Blow). If that'southward the route you decide to take, we hope thisGeorgia Car Damage Transmission will help you. If you or someone else involved in the motorcar accident was hurt, delight contact us or apply online. But if you weren't injure and the only trouble is damage to your car, click the bluish button below and read on.

Tabular array of Contents

one. Contact the police and seek medical attention.

If you lot or someone else involved in the blow is hurt, your first priority should be getting medical treatment. Fifty-fifty if there are no injuries, it is always a good idea to contact the law to make a report of the accident. Without a police written report, it can be more than difficult to prove what happened.

two. Accept photos of the vehicles and of the accident scene, if you lot are able to safely practise so.

One of your next steps should exist to obtain a re-create of the Georgia Motor Vehicle Accident Report from the law enforcement agency that investigated the wreck. Normally, the officeholder will give you a example number with directions on how to obtain that report. It tin can often take several days for the constabulary written report to get available.

3. Contact the insurance visitor listed on the report for the at-fault commuter to study the merits.

Oftentimes, the police report will show which driver was suspected to be at fault, and may as well bear witness that this at-fault commuter was issued a commendation. Subsequently you report the claim to the at-error driver's insurance visitor, the insurance visitor should assign a claims adjuster who will contact you to appraise your vehicle. If you are hurt, there volition probable exist a separate adjuster who handles your injury claim. The adjuster who handles the damage to your car will usually identify themselves as a "property damage adjuster," or otherwise tell you that they are only handling the belongings damage claim. This adjuster may ask to see the vehicle in person to appraise the harm. Depending on the extent of the damage, the vehicle may be declared a total loss (or "totaled"), or it may be repaired.

Remember

If you take collision coverage through your own motorcar insurance, your insurance visitor will pay for your vehicle repair, replacement, or rental motorcar then seek reimbursement from the at-fault driver's insurance visitor. However, you volition have to pay your deductible for the fourth dimension existence. Your deductible amount will ultimately be refunded to you equally part of your property damage settlement once the at-mistake driver'south insurance company accepts liability.

When They Ask for a Recorded Statement . . .

Sometimes insurance adjusters inquire you lot to make a recorded statement. Sometimes they pretend like yous take no selection, and tin can even be pushy near it. Simply there is absolutely no requirement nether Georgia law for y'all to provide a recorded statement to the at-fault driver'south insurance company . Know your rights and stand your ground.

The only time when you may potentially take an obligation to provide a argument is when yous are using your own uninsured or underinsured motorist coverage (meaning the at-fault commuter did not have insurance or did not accept enough insurance). In this situation, you may have a contractual obligation to cooperate in the request, but you tin can still consult with an attorney earlier making a statement.

The insurance adjuster may tell you that the claims process tin't get started until you provide a statement. This can be a trap to get you to say something that can be used confronting your example after. Yous have the correct to talk with a lawyer before giving any statement, recorded or not, to the insurance company.

How you continue from hither depends on whether your vehicle is repairable or is declared a total loss. Typically, a vehicle is considered a total loss when the cost of repairs exceeds 75 percent of the appraised value of the vehicle.

If your automobile tin be repaired, congratulations! That volition salvage y'all the trouble of having to negotiate with the insurance visitor over the amount they would have to pay you for a totaled automobile.  However, in that location are a few other issues for you to think nigh. Showtime, y'all may desire a rental car while your motorcar is being repaired. Second, you may desire to know more well-nigh the process of getting your auto repaired through an insurance visitor. 3rd, y'all should consider whether you will have a claim "diminished value" once your automobile is repaired. In instance yous're unfamiliar with that phrase, let u.s.a. explain. When it comes fourth dimension to sell a car, buyers often won't pay equally much for a car that has been damaged equally they would pay for a car that has never been damaged. That means that even after you become your machine repaired, information technology won't be worth as much as it was before. The law refers to this concept as "diminution in value," which is a fancy phrase for the idea that your motorcar is worth less afterwards the blow, even if it has been stock-still. If your vehicle is repairable, you lot are entitled to a rental automobile for the reasonable repair time, the cost of repair plus this "diminution in value" resulting from the harm, every bit well every bit interest.

Y'all are entitled to a rental car while your vehicle is being fixed. Start by contacting the at-fault driver's insurance company, equally yous would later on the accident, to report the claim. Ideally, that insurance company will adjust for the rental automobile so that all you have to exercise is pick up and render the rental machine. However, several issues can sometimes arise that make this process more difficult and frustrating for you lot. Nosotros've provided some guidance hither to assist you lot bargain with these situations.

Some smaller insurance companies will just reimburse you for a rental car, leaving it up to you to arrange for your own rental car. If you are asked to practice this, make sure to corroborate the rental rate with the insurance company in advance. Also, make sure to rent a vehicle that is comparable to yours. In other words, if you have an economy sedan, don't go rent a luxury car or pickup truck, or else the insurance visitor may refuse to cover the additional cost. On the other hand, if you drove a pickup truck, you can rent a similar pickup truck. Keep in mind that the insurance company is trying to keep its costs to a minimum, so exist prepared to stand your basis and insist on a comparable vehicle.

The at-error driver's insurance adjuster might tell you that he or she needs to investigate your claim before authorizing a car rental. During this fourth dimension, you could be without a vehicle. If this happens, you might consider going through your own car insurance. Check with your own car insurance to see if you purchased rental car coverage. If yous take this coverage, you can use that to pay for a rental car up to the limits of your coverage (for example, $25 per solar day for a maximum of $750). Once more, most larger insurance companies will arrange the details with a rental motorcar company like Enterprise. You have a right to utilize any rental provider or location you choose, but you may have to pay the price upfront and seek reimbursement up to the limits of your rental automobile coverage if you choose another rental provider. If you lot do this, it is notwithstanding a good thought to get approval in advance for the rate and grade of car to avoid issues later. Unlike with your own coverage, at that place is no fixed time limit for how long the at-fault commuter's insurance company has to pay for your rental auto while your vehicle is being repaired. Yous are entitled to this rental auto for as long as it takes for your vehicle to be repaired.

Your machine should be repaired properly, and so that information technology looks and runs as well as it did before the wreck. Every bit long as this can be done without totaling the car, the at-fault driver's insurance company is responsible for paying for these repairs.

Start past contacting the at-fault commuter's insurance company, equally you lot would to report the merits. Once you lot are in impact with the insurance adjuster, the next step is to select a repair shop to fix your auto. Insurance companies often recommend sure repair shops. While you are not required to use the insurer's recommended repair facility, many people observe it easier and faster to exercise so. If you're nonetheless making payments on your automobile, y'all should besides bank check with your lender to run into if they take any requirements for authorized repair shops.

Once you have found a repair shop, the next step is to go an estimate for the price of repairs. If you're using the insurance company's preferred store, you may non accept whatever involvement in this part of the process. If y'all've decided to use a unlike repair store, yous should first seek approval from the insurance company for the estimated price of repairs. This is considering insurance companies will simply pay what they believe is a reasonable amount for repairs. If the repair shop of your pick charges a higher amount, you could end up on the claw for the additional cost unless you obtain prior approval. You may inquire the store you lot choose to call the insurance company directly, then that yous practice non need to be involved in this negotiation.

Earlier you take your car repaired, you should try to make sure the adjuster has inspected it. If you become your car repaired before the adjuster tin can audit information technology, the insurance visitor can try to reduce the amount reimbursed to you past challenge some of the damage that was repaired was already in that location earlier the accident.

If it important to you that your machine is repaired using only original equipment manufacturer (OEM) parts, y'all should asking this in advance. The insurance company and repair store must place non-OEM parts in the estimate, and your repair estimate must include a disclosure statement stating that the manufacturer or benefactor of the part warrants the non-OEM parts, non the vehicle manufacturer. Ultimately, the insurance company may reject to cover OEM parts, as long as the aftermarket parts are of like kind and quality and comply with the law regarding the required disclosure statement and identification of aftermarket parts.

One time your car is repaired, you should go over the repairs that were made earlier you drive home. Ask the mechanic to walk yous through the repairs. Go over the itemized beak and check it confronting the approximate. If something is different, enquire why. Finally, have your car for a test drive. If there are whatever issues with the repairs, you lot should insist they be addressed earlier accepting the automobile.

If the insurance company has declared your vehicle a total loss, that probably means the cost to repair your machine or truck meets or exceeds about 75 percent of the vehicle's fair market value. Unfortunately, yous cannot force the insurance visitor to repair the vehicle in this situation. While you could purchase back the vehicle for its salvage value, you lot would and so accept to repair the vehicle to pass inspection and and then use for a salvage title. Thus, you are likely improve off accepting the forced sale of your vehicle.

When your automobile is totaled, the insurer is supposed to pay for the value of the car before the wreck. The police force in Georgia recognizes that estimating this "off-white market value" is a somewhat subjective process. In practice, this means that yous'll likely stop up in a negotiation with the insurance adjuster. For this reason, information technology is important for you lot to gather documentation to prove the fair market value of your vehicle before the wreck.

When your machine or truck is totaled, you lot will likely find yourself without transportation for at least a brief period of fourth dimension. During this time, the at-fault driver'south insurance is responsible for paying for your rental car.

Ideally, the at-fault driver's insurance company will arrange for the rental machine so that all you have to practise is pick up and return the rental car. However, several issues tin can sometimes arise that may make this process more hard and frustrating for you. We've provided some guidance here to help you deal with these situations.

Some smaller insurance companies will only reimburse you for a rental car, leaving it upwards to you to arrange for your own rental car. If you lot are asked to exercise this, brand sure to approve the rental rate with the insurance company in advance. Likewise, make sure to rent a vehicle that is comparable to yours. In other words, if y'all have an economy sedan, don't go rent a luxury motorcar or pickup truck, or else the insurance company may pass up to cover the additional cost. On the other hand, if you drove a pickup truck, you can hire a like pickup truck. Keep in mind that the insurance company is trying to continue its costs to a minimum, then be prepared to stand your basis and insist on a comparable vehicle.

The at-fault driver's insurance adjuster might tell you that he or she needs to investigate your claim before authorizing a car rental. During this fourth dimension, you could be without a vehicle. If this happens, you might consider going through your own automobile insurance. Check with your ain car insurance to see if you purchased rental car coverage. If you have this coverage, you can utilize that to pay for a rental machine up to the limits of your coverage (for example, $25 per solar day for a maximum of $750). Again, most larger insurance companies will arrange the details with a rental car company like Enterprise. You have a right to use whatsoever rental provider or location you choose, simply you lot may accept to pay the cost up front and seek reimbursement upwards to the limits of your rental car coverage if you choose some other rental provider. If you do this, it is still a adept idea to go approving in advance for the rate and grade of car to avoid bug afterwards.

Finally, in one case the insurance company makes you an offer to pay for your totaled vehicle, you may have to return the rental motorcar even if you don't have that initial offering. Don't allow the insurance company to pressure you into accepting a lower offer if that offering does not adequately compensate you for your car's off-white market value. In this type of situation, it can be peculiarly helpful to have purchased rental car coverage on your own car insurance policy. The cost of renting a motorcar for a few extra days may be worth it if you are able to negotiate a higher amount to compensate you for what your motorcar is worth.

The "fair marketplace value" of your car before the wreck is determined by many factors. While this conclusion can be somewhat subjective, y'all should assemble objective information to prove what your auto is really worth on the market place. The ultimate determination of what the at-fault driver's insurance company pays for your machine nigh always involves a negotiation between you and the insurance adjuster.

Exist prepared for the insurance company to endeavor to wearable you downward in this negotiation. As with whatsoever negotiation, the first offer is almost never the best offer. That beingness said, you lot should make a reasonable counter-offer and back that upwardly with facts and documentation of your car's higher fair marketplace value. Stand your ground if the insurance adjuster is being unreasonable.

Further, if your vehicle had never been involved in a wreck before, make sure you tell the adjuster that. If you've kept skillful records of your vehicle's maintenance, employ these to support your statement likewise.

Useful tools for gathering information near your vehicle's off-white market value include the Kelley Blue Book, CARFAX reports, AutoTrader, classified ads, and online sale listings. Search for cars that are as like to yours as you tin can find. That means the same make and model, yr, major options, condition, and mileage. Of grade, you aren't going to find an verbal match, merely the closer the better. Use all of this information to contend your case to the adjuster by pointing out how other, like cars are valued higher than what the insurance visitor is offering you.

If you've invested in aftermarket parts, modifications, or accessories (such equally a sound system, rims, or performance parts), y'all should always save your receipts to document the cost of these items. Aftermarket parts can sometimes be salvaged, simply if you lot are going to claim reimbursement for them, you'll need to include proof of their off-white market value. If y'all don't have the receipts anymore, endeavour contacting the retailer where you purchased them.

If you are still making payments on your car, it is possible that the property damage settlement may not cover all of the debt remaining on your vehicle. This tin can turn out to exist a real problem. We hate to say it, but sometimes there isn't a good solution. If y'all owed more money on your machine than it was worth—in other words, you owed more money in financing than you received from the settlement of your holding damage claim—you may nonetheless owe the difference to the lender. In other words (and again, we hate to have to say this, but it's the truth) y'all could end upwardly having to make payments on a car that you no longer own and that somebody else totaled, even though you weren't at fault for the blow.

For this reason, it is a good thought to buy "GAP insurance" when y'all finance or lease a vehicle. Technically, GAP is brusque for "Guaranteed Asset Protection," but it is usually referred to every bit gap insurance because it helps pay the "gap" betwixt what you owe on a auto and what it's currently worth. In other words, gap insurance protects you lot from having to pay more on your loan that what your car is worth.

If you are not certain whether you have gap insurance, at that place are a couple places to check. Starting time, y'all may have paid for gap coverage when you financed the car. Check with the dealership and review your sales contract or charter agreement, as gap insurance is sometimes sold every bit an improver when y'all buy or charter a machine. 2d, check your motorcar insurance policy, as many major insurance companies offer gap insurance.

Regardless of whether your vehicle is repairable or a total loss, you may also run across other issues when dealing with your belongings damage merits. Items that were inside your auto also make up part of your property damage claim, then you'll want to brand sure you are fairly reimbursed for damaged personal belongings and kids' machine seats.

Farther, any time you are dealing with an insurance company, even if information technology'south your own insurer, remember that the insurance company is not your friend. While an insurance visitor representative may pretend to be your friend, call back the uncomplicated truth—insurance companies want to pay as little as possible to you so they can proceed more money for themselves.

Things That Were in My Car

If your personal holding was damaged in the wreck, you can be compensated for these items also. This includes things similar your spectacles, clothing, jewelry, cell phone, and other electronics. It can also include injuries to animals or pets in the motorcar.

Of course, you'll nevertheless have to show that your holding was in fact in the car and was damaged. That can come up from your ain testimony, but photos assist. Take pictures of your belongings before removing information technology from your machine after a wreck.

You will also accept to plant the value of your damaged property. That tin can as well come from your own testimony, but it's likewise helpful to assemble receipts and have photos of these items as proof of their value and status.

If your pet was injured in the wreck, you lot tin can recover the reasonable vet bills and other expenses you incurred in treating your pet for its injuries. If your pet died, you can simply recover its "off-white market value" in improver to the vet bills and expenses, plus interest. Equally heartbreaking equally information technology tin can exist to lose a pet (and as wrong as this seems), Georgia law treats pets equally "belongings," and the fair market value of a pet in Georgia does non include its sentimental value.

Should I Replace My Child's Car Seat?

Nearly kid automobile seat manufacturers state that the seat should exist replaced, fifty-fifty later on a minor crash. This is true regardless of whether or non the child was in the seat at the time of the collision. The National Highway Traffic Condom Administration (NHTSA) recommends that car seats exist replaced following a moderate or severe crash, and provides criteria  for defining a pocket-sized crash in which the seat may not need to be replaced. Always follow the manufacturer's instructions for whether you tin can safely re-use a auto seat afterward a crash.

The at-fault driver's insurance should cover the cost of a replacement car seat. Yous will likely demand to purchase a new car seat, save the receipt, and submit this documentation for reimbursement as role of your holding damage claim. You are not required to replace the car seat with the exact aforementioned model. If the insurance company is non willing to comprehend the replacement car seat, bear witness them the teaching manual for your kid's car seat where information technology states that the seat should not be re-used after an accident. Most manufacturers make their pedagogy manuals available online. Finally, it is a good idea to dispose of the old seat in a way that ensures that no one else will attempt to re-apply the compromised seat, such as writing "Not Rubber, Exercise Not Use" in permanent marker on the seat earlier disposing of information technology.

Once yous have negotiated your belongings damage merits and agreed on an amount, the insurance visitor will require you to sign a "release" as a status of paying the settlement amount. We can't stress enough how of import it is to carefully read and understand everything in the certificate earlier signing it . By signing, you are forever "releasing" or giving up your rights to pursue the claims it covers. This is why it is so of import to read and empathize which specific claim (or claims) you are agreeing to requite up in exchange for the settlement check.

The release should say "Property Damage Release," or something very similar. If it says "Full general Release," that likely means you are existence asked to give up your rights to pursue other claims as well, such as personal injury claims. You may too be asked to sign other documents in addition to the release, such as an authorisation for the insurance company to obtain your medical and/or employment records. Never fall for this play a trick on—no insurance company can require y'all to sign these as part of your property damage settlement.

The consequences of signing a release that gives up your right to pursue an injury merits are very severe. Unfortunately, by the fourth dimension many folks realize their mistake, it is too tardily. The law is very unforgiving when it comes to one's duty to read a contract such every bit this. If you look to talk to a lawyer until after you've signed a release, there is likely nothing the lawyer can practice. This means yous will never be able to recover for your medical bills, pain and suffering, or any other damages relating to your injuries from the wreck. Again, the insurance company is not your friend here. If you lot are unsure almost what you are signing, seek an attorney'due south communication .

We hope this guide has been helpful. Nosotros know how time-consuming and frustrating the process of navigating a property impairment claim can be. For those who have been injured in a machine accident, the property harm claim may be only the beginning of what is ofttimes a much more involved procedure.

Disclaimer : The information provided on this website does non, and is non intended to, institute legal advice; instead, all information, content, and materials bachelor on this site are for general advisory purposes only. Information on this website may non constitute the almost upward-to-date legal or other data. Readers of this website should contact an chaser to obtain advice with respect to any item legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of data on this site without first seeking legal advice from counsel in the relevant jurisdiction. Employ of, and access to, this website or whatever of the links or resources contained within the site practice non create an attorney-customer relationship between the reader, user, or browser and website authors or Butler Law House. Butler Law House and its attorneys are licensed in the state of Georgia. Unless you accept a signed, written agreement with the Butler Law House, our business firm does not correspond y'all equally your attorney.

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