Why Your Car Repairs Matter Just as Much as Your Injury Claim After an Accident

After a car accident, most people focus on their physical injuries, and for good reason. Medical bills, lost wages, and pain and suffering are serious concerns that deserve immediate attention. But your vehicle is a significant part of your claim, and failing to protect your property damage rights can cost you thousands of dollars. The Victorville car accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel are here to help you pursue full compensation for both your injuries and your vehicle.

What Does Property Damage Cover After a Car Accident in California?

In California, property damage claims are separate from personal injury claims, even though they arise from the same accident. Compensation can cover:

• Repair costs
• The diminished value of your vehicle after repairs
• Rental car expenses
• The fair market value of your vehicle if it is declared a total loss.

Many accident victims do not realize that even after a vehicle is fully repaired, it may be worth less than before the crash. This loss is known as diminished value, and California law gives you the right to seek compensation for it. Insurers rarely volunteer to pay it; instead, they make you fight for it in negotiations.

Why Do Insurance Companies Undervalue Car Repair Claims?

Insurance companies are businesses, and minimizing payouts is in their financial interest. After an accident, the at-fault driver’s insurer sends an adjuster to evaluate your vehicle. That adjuster works for the insurance company, not for you, and their assessment may not reflect the true cost of restoring your vehicle.

Common tactics include directing you to lower-cost shops that use aftermarket parts, underestimating the extent of the damage, refusing to account for diminished value, and delaying the process to pressure a lower settlement. Under California’s Fair Claims Settlement Practices Regulations, insurers are legally required to promptly acknowledge claims, conduct thorough investigations, and offer fair settlements based on actual repair costs. You can push back when you know and understand your legal rights, with the help of a car accident attorney.

What Happens If Your Vehicle Is Declared a Total Loss?

A vehicle is typically declared a total loss when estimated repair costs approach or exceed its pre-accident market value. If your car is totaled, the insurer must pay the actual cash value at the time of the accident, not the replacement cost of a comparable new vehicle. Because actual cash value accounts for depreciation, you may receive far less than it would cost to replace it. You may have to challenge a low valuation and negotiate a fairer outcome.

How Do Car Repair Delays Affect Your Life and Your Claim?

California law entitles accident victims to reimbursement for reasonable rental car expenses while their vehicle is being repaired or while a total loss settlement is being finalized, but delays in that process can add up quickly. Delays can also affect your injury claim. Without reliable transportation to medical appointments, gaps in treatment records can appear, and insurers use those gaps to argue your injuries are less serious than claimed.

Should You Accept the First Settlement Offer for Your Vehicle?

The first offer you receive from an insurance company is rarely the best one. Insurers base initial offers on their own valuations, which often fall short on repair costs, diminished value, and true replacement value. Accepting ends your right to seek more, even if the offer was inadequate. Before signing anything, have an attorney review the offer. The California Department of Insurance’s automobile insurance guide outlines your rights as a policyholder and what insurers are required to provide after a covered accident, including explanations of how your claim was evaluated.

Victorville Car Accident Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Push Back on the Insurance Company

Our Victorville car accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel fight to make sure your injury claim and your property damage claim both receive the attention they deserve. Contact our team today for a free consultation by calling 909-889-1131 or completing our online form. We have offices in Ontario and Victorville, California. There is no fee for our time unless you win your case.