Personal Injury in California: Suing For Property Damage

Find A California Personal Injury Lawyer to Get Reimbursements for Property Damage


When you get into accidents, you might end up with a damaged vehicle. In recovering damages for Personal Injury Claims in California, you and your Personal Injury Attorney will also sue for compensation for property damage.


What Is Covered By Property Damage in Car Insurance Claims?


In most states, car insurance for property damage is required by law. The goal of this insurance is to assist you in covering the costs of car damage. It is intended solely for the benefit of the other party and does not cover your personal expenses. Car owners in California are required to carry a minimum of $5,000 in insurance coverage.


This coverage is typically utilized for:

  • Any and all expenses associated with restoring the opposing vehicle, including but not limited to replacement components and labor.

  • Broken lamp posts, fences, and windows.

  • Your legal defense fees may be included in your property damage claim, depending on your coverage.

  • Income loss due to car damage (this is when you're using your vehicle for work or business).

  • The court may impose additional fees.

While having insurance to cover your expenses is great, there might be times where you are not given enough reimbursement for your losses.


Remember, insurance firms are ultimately a business. Most times, it is in their interests that they only give insurance payouts at the absolute minimum. Contact a California Personal Injury Attorney to help you get the reimbursements/compensations you deserve.


How Do I Negotiate Property Damage in Personal Injury Claims?


In most cases, an insurance firm will reimburse you for property damage according to the at-fault driver's policy provisions. However, the reimbursement for your property damage may be inadequate in some situations.


Negotiating property damage claims frequently necessitates the expertise of a California Personal Injury Lawyer. Take a lot of pictures of your car after it was involved in an accident.


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Before attempting repairs on your own, speak with your insurance carrier to learn about the requirements for filing a property damage claim. Some insurance companies may insist on repairs being done by a specific mechanic.

Before conducting repairs and then requesting compensation, always verify with your insurance company.

What If The Insurance Refuses To Pay For The Property Damages?

As mentioned, many insurance companies would instead find reasons to deny a claim than assist consumers in accordance with the policies they have paid for. Contact a California Personal Injury Attorney if you're having problems obtaining an insurance company to pay for your property losses.

Having an attorney engaged in your case might sometimes persuade an insurance company to treat your claim more seriously.

Property damage claims necessitate working with an insurance carrier and determining who is at fault. Therefore, how you obtain property damage reimbursement will determine who was at fault in the vehicle accident and the amount of coverage available on the at-fault driver's policy.


Other types of redress, such as your underinsured motorist coverage, may be available if an at-fault driver's coverage is insufficient to compensate for the full extent of your property damages. However, contacting a California Personal Injury Attorney is the best method to protect your right to full reimbursement for your damages.


What If The Damages Diminished The Value Of My Car?


If your vehicle was damaged in an accident, you might be entitled to compensation for its diminished value, which is the market loss or value of a vehicle resulting from the accident.

A damaged car is automatically worth less than its original value, which has been reduced due to the accident's losses.

If you're considering a trade-in or resale, this could have an impact on the value of your vehicle. But, surprisingly, there is no first-party claim for reduction of value in California.

Consult your California Personal Injury Attorney to see how you can sue for damages and how much you can get for them.

What Can You Get From Successful Personal Injury Claims in California?


In California, a plaintiff is awarded damages as a way to get them back to how they were before the accident happened. This means that your reimbursements are a way to pay off medical expenses, lost wages, and the emotional distress that you might need recovery for.

Below are the types of damages you might be eligible to collect in a California Personal Injury Lawsuit.


Economic Losses


Economic damages are meant to reimburse a plaintiff for losses that can be quantified in monetary terms. Economic damages are assessed by calculating the out-of-pocket losses that an injured party has or would have due to their injuries.


Here are a few examples of economic losses:

  • Earning Capacity Loss. Suppose your injury or recovery time has affected your health to the point that your capacity to work is significantly reduced. In that case, you can have your California Personal Injury Lawyer calculate the total amount of income loss you will incur due to this.

  • Medical Expenses. Your injuries will require you to go to an emergency room or a doctor. Your reimbursement for medical expenses will also include future medical costs, such as expenses for rehab, additional medication, and other long-term recovery procedures.

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  • Lost Wages. After a car accident, the recovery period can take from a day to a month, depending on the severity of your injuries. You can recover the Wages/Salaries/Commissions you have lost during this time.

  • Property Damages. As mentioned in this article, all repairs and reimbursements related to property damages can be recovered in a Personal Injury Claim in California.

Non-Economic Losses


Non-economic losses are meant to cover damages that are considered subjective, but they do not qualify as out-of-pocket expenses. Compensation for non-economic damages may include:

  1. Emotional Distress

  2. Pain and Suffering

Punitive Damages


Punitive damages are the third form of damages that a California court can award. Punitive damages are meant to penalize the culprit and are only granted when the defendant's actions are particularly detrimental. Punitive damages are exceedingly uncommon, accounting for approximately 5% of all decisions.


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