We are frequently contacted by individuals who are involved in motor vehicle collisions and are fortunate to not have sustained any injuries. Nevertheless, these individuals want to retain our services to resolve their property damage claims because they feel that they are not getting treated fairly by either the at-fault driver’s auto insurance carrier or by their own insurance carrier. Because we handle automobile collision claims that result in personal injury only, we tell these individuals that we cannot be of assistance. With the following information in hand, however, you can handle your own property damage claims without the assistance of an attorney.

STEP ONE—TO WHOM SHOULD I MAKE THE CLAIM? You must first determine whether the at-fault driver has insurance. If so, you need to contact that insurance carrier and give them access to your vehicle so they can send an appraiser to inspect the damage. Remember, the other driver’s insurer has no fiduciary duty to respond efficiently to your inquiries because they are not your insurance carrier. As such, they may fail to return your phone calls, delay the process, or become uncooperative. If presented with any of these circumstances, the better option is to go through your own insurance company—that is, assuming that you purchased “collision” coverage. While your insurance company will reduce any property damage payoff by your deductible, they will subsequently seek reimbursement from the at-fault driver’s insurance carrier through a process called inter-insurance arbitration. If and when they obtain reimbursement, your insurance company will reimburse your deductible. Therefore, while going through your own insurance company may sound counter-intuitive because the damage was someone else’s fault, you should get better service from your own insurance company because they have a contractual duty to respond efficiently and treat you fairly throughout the process.

STEP TWO—IS THE CAR REPAIRABLE? After inspection, the insurance company will determine whether your car is repairable or whether it is a total loss. (A vehicle is usually considered a total loss if the repair cost plus salvage value exceeds the fair market value of the vehicle or if the damages exceed a specific threshold of the vehicle’s value, e.g. 70%.) If it is repairable, the insurance company will pay for all reasonable and necessary repairs. While you can choose the auto body shop, do not begin any repairs until the insurance company has inspected the vehicle. Furthermore, you should determine whether the auto body shop you choose will perform the repairs using aftermarket parts or Original Equipment Manufacturer (OEM) car parts. (For an analysis on the pros and cons of each type of car part, visit www.edmunds.com/car-care/aftermarket-versus-manufacturer-car-parts.html.) If the car is determined to be a total loss, the insurance company will pay the fair market value (FMV) of the vehicle. Factors that go into determining the FMV include the year, make, model, mileage, previous damage, and general overall condition of the vehicle. When attempting to establish the FMV, service receipts, repair receipts and/or maintenance records may be useful. Other sources that may be helpful include: Kelly Blue Book (www.kbb.com); Edmunds (www.edmunds.com); the NADA Used Car Guide (www. nada.com), and AutoTrader (www.autotrader.com). Advertisements for the sale of similar vehicles at local dealerships can also be utilized to help establish FMV.

If the vehicle is considered a total loss, you will then have two options: (1) sign over title of the vehicle to the insurance company in exchange for payment, which will include tax, title and license; or (2) retain ownership of the vehicle in exchange for payment of the agreed upon FMV minus the salvage value. While the vast majority of individuals choose option one, if you are mechanically inclined and want to repair the vehicle yourself, you may want to consider option two. While there are other aspects to the property damage claim, such as damage to personal items in the vehicle, obtaining a rental or, if not, obtaining payment for the loss of use of your vehicle, remember that everything is negotiable. While you certainly are not entitled to recover the value of a Porsche if you own a Jalopy, if you have evidence to substantiate that your car is worth more than the insurance adjuster is offering, do not hesitate to provide that information to the adjuster. Usually the initial offer is not a “take it or leave it” offer. The question is whether the offer is reasonable.

Remember, if you have even the slightest injury, make sure that any Release the insurance company asks you sign pertains to property damage claims ONLY. You do not want to sign a document that releases your personal injury claim when it is your intention to resolve only the property damage claim. Thus, if you sustained any injuries, consult the Milwaukee Car Accident Lawyers at Domnitz & Domnitz, S.C. to make certain the insurance company is not taking advantage of you. While their ads profess that you are “In Good Hands With Allstate,” and that State Farm is “The Friendly Next Door Neighbor,” and “Responsibility” is Liberty Mutual’s policy, nothing is further from the truth—it is our position that if they can take advantage of you, they will take advantage of you.

One last piece of advice: when purchasing a new car, ALWAYS pay for the Gap Insurance. It is cheap and can be an enormous cost-saver if you get into an accident shortly after purchasing a vehicle.