Property Damage 101

Please be advised that you will be responsible for handling your own property damage claim. However, our dedicated legal team at Elmm Law Group will be here to assist at any point.

Below is a summary of what to expect when handling your property damage claim.

Getting Started With Your Property Damage Claim

The property damage claim will be the first part of the claim that will be resolved. As soon as the claim is open, please have your insurance or the adverse driver’s insurance do an inspection on your vehicle. They can do the inspection either by you providing photos or by an appraiser going to your home or job to perform that. Once the inspection has been done, the following steps are taken. Please know that you are 100% responsible for your vehicle until the adverse insurance accepts fault.

 *If your vehicle is sitting at a tow yard, please remove it ASAP to avoid storage fees. * 

If Your Vehicle Is at a Tow Yard or Storage Facility

  1. If you carry collision coverage through your own policy, please contact your insurance company so they can remove the vehicle to their storage facilities.
  2. If you do not carry collision coverage, you must remove the vehicle yourself. Keep any tow receipts and present them to our office.
  3. If the vehicle is sitting at the yard for more than 30 days, the vehicle will be considered abandoned. Therefore, the yard takes ownership, and you will not be able to recover it.

If Your Vehicle Is Repairable

  1. You may take the vehicle to the shop of your choice. Please provide an insurance estimate to the shop so they can begin working on the vehicle based on the repairs listed.
  2. As the shop is taking apart the vehicle, keep in mind that additional damage may occur. It is the shop’s responsibility to provide a supplement report to the insurance company for review.
  3. Once additional damages have been reviewed and approved by the insurance company, the shop may continue with repairs. Some shops will still do the repairs, even if approval is pending.
  4. Keep in mind, some parts may take longer than others to arrive. Therefore, this can delay the process significantly. Unfortunately, there is nothing our office can do to expedite this, as supply/chain issues are out of our hands.
  5. Once all repairs are done, the vehicle should be returned to you.
    1. If insurance mails you a check for repairs, DO NOT CASH it without speaking to our office first.
    2. Keep it and wait until repairs are done so you can give it to the shop.
    3. If additional damages were found, the shop must contact the insurance company for additional payment.
  6. Rental can be provided by the adverse insurance as soon as liability has been determined. If you do not have rental coverage under your policy, you must pay out of pocket and send a receipt to the adverse insurance. Please keep in mind that it is not guaranteed that adverse insurance will cover 100% of your receipt.

If Your Vehicle Is Deemed a Total Loss

  1. Once vehicle inspection is performed, the adjuster will be able to determine if the vehicle is a total loss.
  2. Once a vehicle is determined to be a total loss is because the value of the vehicle is less than the amount it costs to repair it.
  3. The adjuster will then come up with two offers: to retain or to let the vehicle go.

Retaining Your Vehicle

  1. If you wish to retain your vehicle, this option is only available if you own the vehicle outright and have the original title.
  2. If so, you will have to register your title as a Salvage by taking it to the Arizona Department of Motor Vehicles to do so.
  3. Keep in mind that you may be entitled to a diminished value claim (please contact us for more details).

Letting Your Vehicle Go

  1. If you have the title, it must be sent to the insurance company, along with a power of attorney. (The insurance company will send a package of documents required.)
  2. If there is a lien holder in the vehicle, the lien holder information must be provided to the insurance company so they can obtain a payoff letter. If the amount you owe is less than what you will receive, the difference will be mailed to you.
  3. If you owe more than what was offered, this is where GAP kicks in.
  4. Open a GAP claim. Additional documents will be required to file that.

If You’re Waiting on the Other Driver’s Insurance to Accept Liability

In addition, if you do not carry collision coverage under your own policy. You must wait until the adverse insurance concludes the investigation and determines liability. This could take some time, from four (4) to eight (8) weeks, as the other insurance is attempting to contact their insured to make a fair liability decision, confirming the policy was active at the time of the collision, that the driver was not excluded, and waiting for the police report. Unfortunately, if the driver is specifically excluded under a policy, there will not be any coverage.

If at any time, you have questions or concerns, do not hesitate to contact us for further details.

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