WHY HANDLE YOUR OWN PROPERTY DAMAGE CLAIM? The at-fault party's insurance company is responsible to make you whole again as it relates to your property damage. Usually, you or a family member can navigate through the property damage aspect of your claim without a lawyer's assistance. There is no sense in paying for an attorney’s services when you can usually handle the property damage claim yourself. Assistance in settling your property damage claim is included in my fee when I am representing you for your bodily injury claim. My office is pleased to answer any questions if this handout does not answer your concerns.

WHY NOT HANDLE YOUR OWN BODILY INJURY CLAIM? You may not be familiar with the remedies that may be available to you. I recommend that you seek the advice of an attorney as soon as possible to preserve your legal rights because, under Ohio law, you may be entitled to recover fair and reasonable monetary compensation for injuries, even minor injuries, and other damages that are caused by another person’s negligence.  I can help you through this unpleasant process by providing professional service to better assure that your legal rights are protected so that you can focus on recovering from your injuries. Initial consultations are free (no obligation). Our appointment schedules are flexible, and we will come to you if you are unable to travel.  Upon agreement, I may represent you on a contingency fee basis. This means there will be no legal fee unless you recover a settlement or award. My contingency fee is a reasonable percentage of your gross settlement or award.* Assistance in settling your property damage claim is included in my fee. Under Ohio law, you would be obligated to pay or reimburse any expenses advanced on your behalf.*

*If your case is not settled and suit is filed, in the event of an adverse court verdict or decision you may be liable for payment of court costs, expenses of investigation, expenses of medical examinations, costs incurred in obtaining and presenting evidence, and other expenses and my contingency fee may increase.

HOW PROPERTY DAMAGE CAN AFFECT YOUR INJURY CLAIM. Although it is not always relational, the extent of damage to your car can show a relation to the bodily injuries sustained. If possible, take pictures or have your repair shop take pictures of all the vehicle damage, both inside and out. The photographs can be evidence for use at trial or during negotiations of your bodily injury claim.  A picture is worth a 1,000 words and helps the jury understand how you were injured. Obtain a complete copy of the damage report and invoice; then fax it to my attention when you property damage claim has been settled for use as potential evidence in your bodily injury claim.

REPAIRABLE.  A vehicle is repairable when the cost to fix the vehicle is less that the vehicle’s value. The object of any repair is to restore your vehicle to the same condition it was immediately before the accident. The insurance company will choose the least expensive way to do this, straightening the fender, installing a used one, or replacing it with a new part. To determine whether your vehicle is fixable, have it examined by at least two repair shops.

TOTAL LOSS.  Your vehicle will be considered a total loss when it appears less expensive for the insurance company to replace it over repairing it. Everything is based on the vehicle’s actual cash value (ACV). If the repair costs is 80% or more of your vehicle’s value, the insurance company will usually consider your vehicle a total loss. For example, if your vehicle is worth $1,000.00 and it would cost $820.00 to repair it, then your vehicle is considered a total loss. 

WRITTEN ESTIMATES.  Obtain at least two estimates from repair shops that you trust.  To help promote fair competition between shops, Ohio has required collision repair businesses to register with the state since 1997.  Look for a State of Ohio Certificate of Registration at shops you consider.  Request a written estimate of the cost to fix your vehicle so that you can determine who will give you the best deal (remember: cheaper does not mean better).

Sometimes the insurance company will ask you to get an estimate from their drive-thru or a repair shop of their choice. This is standard procedure, but always get your own estimate as well. Forward your estimate to the adjuster for their review. The assigned claims adjuster or a field adjuster will probably want to examine the car and also talk to the repair shop that you choose to fix your car. At that point, everyone will agree upon the repair cost and the adjuster must give you and your repair shop approval to begin the repairs. Make sure the adjuster’s estimate details all repairs in writing for your careful review. If you notify the insurance company that their estimate is lower than estimates you obtained, the insurance company has two choices: (1) pay the difference between your estimate and the insurance company's estimate or (2) provide you the name of at least one repair shop that will repair your vehicle for the amount of the insurance company's estimate. 

If the insurance company requires you to use a specific repair shop, they must guarantee the shop's work and assess no extra cost to you. No matter what shop you choose, the adjuster will base your claim payment on market price for the repairs and pay the local average rates for parts and labor.

INSPECTIONS AFTER REPAIRS.  Once your vehicle is repaired, inspect it carefully and take it for a test drive to assure that all repairs have been made. If not, report it immediately to the repair shop and the adjuster. Sometimes you will disagree with the adjuster regarding whether the wreck caused a specific mechanical problem. You will need a mechanic to state that the problem is related to the accident before the insurance company will pay for that repair cost.  Usually, the check to repair your vehicle is sent directly to the repair shop. You can request that the check be sent directly to you; your name and the repair shop's name will appear on the check and you are responsible to give the check to the repair shop.

ADDITIONAL DAMAGES.  Additional damages discovered after the initial estimate are called "supplementals" and are typical with many repairs.  The repair shop should call the insurance company if they find any additional damage after they begin repairs on the vehicle.

DEPRECIATION.  Unfortunately, when your car is repaired, the re-sale value of the car may be affected. This is a distinct possibility if a car-fax report shows the car was in an accident.  Are you entitled to any compensation for the diminished value of the car?  According to James Berliner, the difficulty is proving the loss of value.  While one might assume there is a loss of value, not every potential car purchaser checks car-fax.  Neither Kelly Blue Book nor NADA deducts for cars that were previously in an accident, so there is really no precedent.  I do not know of any instance where a car owner was compensated for the perceived  loss of value.  I suspect that you would not be successful if you tried to pursue a recovery against the other driver's insurance company, although there is no precedent on this issue.

CHOICE OF PARTS.  The insurance company's repair estimate must disclose what kind of parts upon which the estimate is base. The estimate must tell you if the parts are new but were not made by the manufacturer of your vehicle (generic parts). You will likely be entitled to new parts only if your vehicle is the current model year.  There has been controversy over use of generic parts. Your repair shop may tell you they are inferior or don't fit as do parts sold by the "original equipment manufacturer" (OEM). No policy promises to use OEM parts, and some policies now make it clear that they will use generic parts when possible. You are definitely entitled to parts that fit; you'll have to prove that generic parts are inferior. You can still have OEM parts if you are willing to pay the difference in parts price.

VALUING YOUR VEHICLE.  If your vehicle is totaled, the insurance company must pay you what it would cost to replace your vehicle with one that is comparable (one in the same shape, the same mileage, the same year, including rust, dents, and all previous damage) on the open market the moment before the accident — it is not how much you owe on the vehicle. Forward your receipts for any recently performed maintenance or made improvements or repairs to your vehicle to the insurance company; this may increase the adjuster’s offer.

DEBT ON YOUR VEHICLE.  If your vehicle is totaled and there is more debt on the vehicle than its value, then you have a problem; you are only entitled to the vehicle’s value, regardless of the debt amount. If you have GAP insurance, the GAP insurance will pay the difference between the loan and your vehicle's value. For example, if your vehicle is worth $10,000 but your vehicle loan is $12,000, GAP insurance will pay the $2,000 difference. GAP insurance is available when you buy insurance, but you must ask for it. If you have a lease, it is usually included in your monthly lease fee. If you have a loan, you must ask to buy that protection.

TAX AND TITLE.  If your vehicle is totaled, you are entitled to the replacement costs, plus tax and title. The tax is sometimes paid when the vehicle is totaled. The law says that you are due the tax on the value of your totaled vehicle only if you place yourself into a replacement vehicle within thirty (30) days.

SALVAGE VALUE.  When you are offered money for a totaled vehicle, the insurance company usually wants your vehicle and its title in return. You may decide to keep the vehicle and take a salvage title. Be advised that the insurance company will then deduct what is called "salvage value" from their offer. Sometimes, you can get your vehicle fixed, or at least made roadworthy, which means the vehicle will pass the Ohio Highway Patrol Safety Check List, for compensation that they offer you. Do not forget this option.

NEGOTIATIONS.  You do not always have to take the first offer. The first offer you receive from the adjuster may be negotiated upwards. The success of upward negotiation depends on your ability to negotiate with the insurance company and the adjuster. If you can't find a replacement, after accepting a settlement offer, you have 35 days to find a vehicle like your old one that you can buy for the settlement amount. If you cannot find that vehicle within 35 days, you have the right to reopen negotiations. Call the adjuster, give the location and prices of vehicle you have found, and insist that the adjuster either meet those prices or tell you where you can find a vehicle at the settlement price.

DISAGREEMENT ON VALUE.  If you and the adjuster have a significant disagreement on the value of your vehicle and the matter cannot be resolved, you may wish to try one of the following options:

Inside the Company

• The adjuster: Your first stop. Adjusters evaluate damage and make settlement offers.

• The claims supervisor: Your next stop if you believe the adjuster's position is unreasonable or unfair is the claims supervisor.

• Appraisal or arbitration: The policy provides for one or the other if the claims supervisor was unable to satisfy your concern. Appraisal is where you and the insurance company each designate a competent appraiser, appraisers will appoint an umpire and that independently evaluates your loss, and the umpire will resolve any differences between the two appraisers. If you and the insurance company accept the appraisal, the results will be binding on both of you.

The Ohio Department of Insurance

• For free information about your rights and how to proceed with a claim, call 1-800-686-1526 or go to www.ohioinsurance.gov

• Written complaints are investigated to determine whether the company and agent have acted improperly.

• The Department cannot settle factual disputes over who was at fault or how much the damage is worth.

Court

• This option can be costly and time consuming.

• Contact the office if this becomes a viable option.

Using your own automobile insurance (see Section 6)