My vehicle was damaged in an accident What are my rights & what else do I need to know?

Nancy Salley • July 14, 2017

Advice from a Lexington, SC Attorney Regarding an Accident

One of the most frustrating things to deal with when you are in an accident can be damage to your vehicle. Where do you have it towed? Who is supposed to repair it? What about a rental vehicle while your car is being repaired? Your car is a total loss, now what?

If your car is not drivable or you are injured in Lexington, SC and unable to drive it away, you can choose who tows your vehicle. If you know who you want to repair your vehicle, it is best to contact them to tow the vehicle. It is always good to have the information for a repair shop you trust. This will help to speed up process of repairing your vehicle, because you won’t have to deal with your vehicle being moved again or getting tow charges paid to have the vehicle moved to a repair shop. If your vehicle was towed somewhere other than the repair shop, talk with the repair shop you want to do the work, as they will often work something out with the original tow company.

If your vehicle is not drivable, the at-fault insurance carrier should supply a rental vehicle while you are without a car. A rental should be provided until your vehicle is repaired, unless the repair shop caused an undo delay. If your vehicle is deemed a total loss, the at-fault carrier will usually supply a rental vehicle until they make an offer regarding the total loss value of your vehicle.

What does “total loss” mean? In South Carolina, a vehicle is deemed a total loss if the cost of repair (parts and labor) is 75% or more of the vehicle’s fair market value. If your vehicle is a total loss, the at-fault insurance carrier is supposed to pay the fair market value of the vehicle. Make sure to request a breakdown from the at-fault carrier for the basis of their determination of the fair market value. Review it thoroughly to determine if they have included all options or upgrades on your vehicle. You can dispute the fair market value and have it addressed through a process called property damage arbitration.

What if your car can be repaired, but you don’t think the estimate is right? This is another reason to deal with a reputable body shop. Most body shops are experienced in dealing with insurance claims and adjusters regarding the cost of repair and addressing the need for additional repairs. Give a copy of the repair estimate to the body shop for their review. They should be able to do the work for the cost listed in the estimate or be able to deal with the at-fault insurance company in that regard.

What if the at-fault insurance company fails to examine, repair or determine that your vehicle is a total loss within a reasonable time? If you have collision coverage, then you can go through your insurance carrier to determine the damage to your vehicle and pay for the repair or total loss. The disadvantage regarding this option is you will be responsible for your deductible until your carrier is able to recoup the cost of repairs or amount of the total loss. However, the advantage is that you can put the vehicle damage issue behind you quickly. What if you don’t have collision coverage and the at-fault carrier is not addressing the damage to your vehicle? Contact an attorney to discuss your duty to mitigate damages and for help getting your property damage addressed.

What other things should you consider? Possible reimbursement for the loss of use of your vehicle, for the time you were not able to use your vehicle and for the at-fault insurance company failing to supply you with a rental vehicle. You can ask for the loss of value to your vehicle as a result of being damaged in an accident.

If you would like to speak to one of our attorneys at Salley Law Firm, P.A. in Lexington, SC about questions concerning damage to your vehicle or because you were injured in an accident, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

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