You may have a property claim along with your personal injury claim, or you may just have a property claim as a result of your auto accident. With your property claim, it may depend on who is at fault. If the other driver is clearly at fault, you would file a claim with their insurance company. The other driver’s insurance will pay for a rental car and other car repairs. If it is unclear who is at fault, you should file your property damage claim with your own insurance company and your insurance coverage will pay for the repairs.Once it is determined who is at fault, your insurance company can subrogate against the responsible party’s insurance. Subrogation allows an insurance company to recover the money they paid, when the responsible driver’s insurance was really the party responsible for covering the property damage.
The insurance company gets to determine whether or not your car should be repaired or is a “total loss.” A “total loss” is when it costs more to repair the car than it is worth. If the car is a total loss, you may have to negotiate with the insurance company over the value of your car. Commonly, the insurance company will try to determine the pre-accident value by looking in the Kelly Blue Book. You can reject the number offered by the insurance company, but you have to present evidence to show why you believe your car is worth more money than the insurance company is offering. The driver who is responsible for the accident is also liable to pay for the towing and storage of the car until it is determined whether it can be repaired or whether it is a “total loss.”