How to File a Property Damage Claim

If you have been in a Massachusetts accident and need to file a property damage claim, it is important that you understand what can be recovered. Under the terms of auto insurance, property damage is considered to be any damage done to your automobile, whether it’s a car, SUV, or truck. Dependent on the type of coverage you have, repairs to vehicles that were damaged in an accident are usually paid for by an insurance company.

If your vehicle is considered a total loss-that is the repairs to fix it would cost more than the vehicle is worth-the insurance company will offer you a settlement based on the value of your vehicle.

In this case, the amount you would receive for the vehicle would be dependent upon several factors, including:

• Type of vehicle
• Quality of vehicle
• Depreciation value
• Age of vehicle

Filing a Property Damage Claim

If you have been in a car accident in Massachusetts, it is important to file a claim with the other driver’s insurance carrier. When filing claims for damages, you will have to prove ownership of the property damaged, along with determining the amount of damage done to your property. Some of the ways to measure loss include:

• Cost to repair property
• Replacement value
• Market value
• Actual cash value, which is the cost of property minus depreciation

If you have “collision” coverage as part of your car insurance, your insurance should pay for your car repair, however you will need to make arrangements for:

• Towing
• Storage
• The actual repairs necessary
• Car rental should you need transportation while your repairs are being made

If you do not have “collision” coverage as part of your car insurance policy, you will have to contact the insurance company of the driver who caused your property damage. It’s important that you tell them the location and condition of your vehicle, but do not make any statements about your accident to the insurer or any insurance adjuster without seeking the advice of your personal injury attorney.

If you have attempted to claim benefits for your property damage but the insurer will not pay for it, you may need to seek legal advice from a Massachusetts attorney. A personal injury lawyer can help protect your rights and increase your odds when filing a property damage claims adjusting.

If you have been seriously injured as a result of someone else’s negligence in Massachusetts,

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the “Million Dollar Man” in a featured article by the Boston Herald Sunday Magazine in it’s “Personal Best Series.” This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.