After a crash, you actually have two distinct claims: one for your bodily injuries and one for the damage to your vehicle and other property. They are handled separately, and resolving your property damage claim does not affect or settle your injury claim. It is important not to let an insurer bundle them or use one to pressure the other.
Two Separate Claims
Understanding how property damage works helps you get your vehicle handled fairly while your injury claim proceeds on its own track.
Repair, Total Loss, and Rentals
If your vehicle can be repaired, the at-fault party's insurer should pay for repairs that restore it to its pre-crash condition, using parts of appropriate quality. If repair costs approach or exceed the vehicle's value, the insurer may declare it a 'total loss' and owe you its actual cash value, what the vehicle was worth just before the crash.
You are also typically entitled to a rental vehicle (or loss-of-use compensation) while your car is repaired or replaced. Insurers sometimes lowball total-loss valuations, and those numbers can be challenged with evidence of comparable vehicles.
The Overlooked Diminished Value Claim
Here is something many Arizonans miss: even after a perfect repair, a vehicle that has been in a significant crash is worth less than an identical one with no accident history. This loss is called 'diminished value,' and in Arizona you may be able to recover it from the at-fault party's insurer.
Diminished value can be substantial on newer or higher-value vehicles. Insurers rarely volunteer it, so you have to know to ask and to document it, often with an independent appraisal.
Handling Property Damage Wisely
Keep all repair estimates, photos, and records of your vehicle's pre-crash condition. Do not accept a total-loss figure you believe is too low without question, and remember to consider diminished value on a repaired vehicle. While property damage is usually simpler than an injury claim, a free review can address both if you are facing pushback from the insurer.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.