Property Damage

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Property damage is incredibly common in a car accident. If you were involved in a car accident, you probably suffered some property damage to your vehicle and possibly the contents of the vehicle.

A claim for compensation for property damage may be more straightforward than claims for personal injuries, such as medical expenses or medical anguish. Nonetheless, the legal process for recovering compensation for property damage is complicated.

To protect your rights, it’s important to understand the basics of property damage claims in Seattle.

What Is Considered Property Damage in Seattle, WA?

It’s important to know what is considered property damage so you can advocate for compensation for all of your damaged property.

Property damage includes:

• The cost of vehicle repairs
• Compensation for the fair market value of the car if it’s totaled
• Damage to after-market upgrades to the vehicle
• Damage to other property within the car, such as groceries, cell phones, or laptops

If your car is damaged, you may also be able to recover compensation for a rental car, transportation costs, or other out-of-pocket expenses caused by the damage to your vehicle.

Car Insurance Requirements in Seattle, WA

Washington law requires drivers to have minimum liability coverage.

The minimum coverage requirements are:

• $25,000 of bodily injury or death of one person in any one accident.
• $50,000 of bodily injury or death of any two people in any one accident.
• $10,000 of injury to or destruction of property of others in any one accident.

Policy owners may purchase additional coverage, such as increased policy limits, comprehensive coverage, or collision coverage. Collision coverage applies in the event of an accident, whereas comprehensive coverage applies to things like fire, theft, and damage from inclement weather.

You can also purchase uninsured motorist coverage or underinsured motorist coverage. These would apply if the at-fault driver does not have car insurance or does not have enough car insurance to cover your damages.

Who Is Responsible for Property Damage Claims in Seattle?

Seattle is an at-fault state, so the at-fault driver–or their insurance company–is responsible for the property damage caused in an accident. You may have several options for seeking compensation from the at-fault party.

In some cases, you can file a claim with your own insurance company, which may have a right to reimbursement from the at-fault party’s insurance company. You must have the proper coverage to cover damage to your vehicle for this option.

You can file a claim with the at-fault party’s insurance. You will have to show that the other party was at fault, and the company may dispute your damages.

You can file a lawsuit against the at-fault party. If you can’t reach a favorable settlement with the at-fault party’s insurance company, you may decide to file a lawsuit to recover compensation.

What if the Insurance Company Totals My Vehicle?

If a car is irreparable, or if the cost to repair the vehicle exceeds a certain amount, the car will be deemed “totaled.” While some states consider a car totaled if the repairs exceed a certain percent of the value of the car, Washington uses a “total loss formula” instead of a specific percentage.

In Washington, if the cost of parts and labor to repair a vehicle plus the salvage value of the car is equal to or greater than the cash value of the car (the fair market value of the car), then it will be considered totaled.

If the insurance company decides that your vehicle is totaled, they will pay you for the fair market value of the vehicle.

To determine the fair market value of your car, the insurance company will consider things like the year, make, and model of the vehicle, the mileage on the vehicle, its condition before the crash, and after-market upgrades to the vehicle.

How To Prove Fault in a Car Accident in Seattle, WA

If your case proceeds to filing a lawsuit, you must prove that the other party was negligent in causing the accident. Negligence means failing to exercise reasonable care under the circumstances.

To prove that the other driver was negligent, you must prove the following four elements:

• The at-fault driver owed you a duty of care.
• The at-fault driver breached the duty of care.
• You suffered injuries and, perhaps, other damages.
• Your injuries were caused by the other driver’s actions.

You must prove these elements by a preponderance of the evidence.

A Seattle Personal Injury Lawyer Can Help You With a Property Damage Claim

If you were involved in a car accident in Seattle, WA, you likely suffered several types of damages, including property damage. An experienced personal injury attorney at Davis Law Group Car Accident and Personal Injury Lawyers can evaluate your case and determine the best options for recovering compensation in your case. Schedule a free consultation at 206 727 4000.