Factors that may affect Property Damage Claims in a Car Accident
In car accident-related terms, property damage refers to the destruction or damage caused to a vehicle such as a car, truck, motorcycle or SUV, among others, as the result of an accident such as crashes or collisions.
Ordinarily, the payment for damages to one’s vehicle may depend on the type of car insurance coverage that one has purchased.
The amount of claim one may receive is often determined by cost of repair and the car’s worth. In some cases, a car is considered totaled if the repair costs exceed a certain percentage of the car’s worth which vary from 51% to 90%, depending on the insurance company’s terms.
Generally, an insured motorist’s insurance company either pays for repair or totals the vehicle. A vehicle is totaled when it is considered a complete loss or in total wreck, and the insured is paid cash value for the vehicle.
Under California law, if your car is damaged in an accident, you are entitled to file damages against the party at-fault for the loss of use of vehicle, during the time of repair, or until your car is replaced, if the car is a total loss.
However several factors may affect recovery of your property losses in a car accident and could help to maximize your recovery of damages in a car accident.
Actual Loss and Actual Use
According to California law, the damages in a car accident are limited to the loss of actual use. Therefore a victim or complainant who did not actually use the car cannot recover for loss of the opportunity to use it. In Metz v. Soares (2006) 142 Cal. App. 4th 1250, 1256-1258, a car owner was denied claim for loss of use of his damaged vintage car after the court found that the owner had not driven the car in five years prior to its destruction by another person.
Diminution of Value
When a car is damaged in an accident, its value is diminished – meaning it may not be worth the same amount as it was before the accident – and could affect the trade-in or resale value of the vehicle. However, in some cases, it can be recovered or compensated.
If a car is damaged and its value diminished, the owner may not be able to collect first-party claim against his own car insurance policy. Under California law, there is no first party claim for diminution of value in personal injury accidents such as a car accident. Similarly, once a car is repaired, the first-party claim no longer applies, which is also one the terms or conditions in most car insurance policies.
Damage Claims against Party at Fault
A car owner may file a claim for damages against another person who hits his car. But this recovery is only limited to the difference between the car’s value before the accident and its value after the accident and it has been repaired. According to law, the measure of damages is the “diminution in the market value” of the vehicle as a result of an accident.
In State Farm Fire & Casualty Co. v. Superior Court of San Diego County (1989) (215 Cal. App.3d 1435), the court stated that the measure o damages is “the diminution in the market value of the vehicle, and diminution of market value is not specifically excluded because it is not a ‘cause' of loss; it is the measure of a loss caused by something else.”
Pursuing a property damage claim in a car accident may require the services of a skilled car accident attorney. Having a lawyer to assist you in pursuing your claim is a great advantage.
Ordinarily, the payment for damages to one’s vehicle may depend on the type of car insurance coverage that one has purchased.
The amount of claim one may receive is often determined by cost of repair and the car’s worth. In some cases, a car is considered totaled if the repair costs exceed a certain percentage of the car’s worth which vary from 51% to 90%, depending on the insurance company’s terms.
Generally, an insured motorist’s insurance company either pays for repair or totals the vehicle. A vehicle is totaled when it is considered a complete loss or in total wreck, and the insured is paid cash value for the vehicle.
Under California law, if your car is damaged in an accident, you are entitled to file damages against the party at-fault for the loss of use of vehicle, during the time of repair, or until your car is replaced, if the car is a total loss.
However several factors may affect recovery of your property losses in a car accident and could help to maximize your recovery of damages in a car accident.
Actual Loss and Actual Use
According to California law, the damages in a car accident are limited to the loss of actual use. Therefore a victim or complainant who did not actually use the car cannot recover for loss of the opportunity to use it. In Metz v. Soares (2006) 142 Cal. App. 4th 1250, 1256-1258, a car owner was denied claim for loss of use of his damaged vintage car after the court found that the owner had not driven the car in five years prior to its destruction by another person.
Diminution of Value
When a car is damaged in an accident, its value is diminished – meaning it may not be worth the same amount as it was before the accident – and could affect the trade-in or resale value of the vehicle. However, in some cases, it can be recovered or compensated.
If a car is damaged and its value diminished, the owner may not be able to collect first-party claim against his own car insurance policy. Under California law, there is no first party claim for diminution of value in personal injury accidents such as a car accident. Similarly, once a car is repaired, the first-party claim no longer applies, which is also one the terms or conditions in most car insurance policies.
Damage Claims against Party at Fault
A car owner may file a claim for damages against another person who hits his car. But this recovery is only limited to the difference between the car’s value before the accident and its value after the accident and it has been repaired. According to law, the measure of damages is the “diminution in the market value” of the vehicle as a result of an accident.
In State Farm Fire & Casualty Co. v. Superior Court of San Diego County (1989) (215 Cal. App.3d 1435), the court stated that the measure o damages is “the diminution in the market value of the vehicle, and diminution of market value is not specifically excluded because it is not a ‘cause' of loss; it is the measure of a loss caused by something else.”
Pursuing a property damage claim in a car accident may require the services of a skilled car accident attorney. Having a lawyer to assist you in pursuing your claim is a great advantage.
posted by Mesriani Law at
5:07 PM
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