Property Damage – What am I Owed?

If you are in an accident and the at fault driver causes damage to your vehicle you are entitled to the

following:

1. If your vehicle can be repaired

a. The reasonable cost of repairing your vehicle to substantially the same condition it was in before it was damaged.

b. You are also entitled to recover the value of the loss of use of your vehicle, that is, either the reasonable cost of a rental car for amount of time reasonably required to complete the repair, or the amount actually paid for such a rental, whichever is less, but not including any normal cost of operation.

2. If your vehicle cannot be repaired or can be repaired but at a cost in excess of the vehicle’s market value immediately before it was damaged and considered a total loss.

a. The fair market value of the vehicle before it was damaged.

b. The fair market value of the vehicle before it was damaged; minus its fair market value after it was damaged (salvage). (If you decide to keep your car.)

c. You are also entitled to recover the value of the loss of use of your vehicle, that is, either the reasonable cost of a rental car for amount of time reasonably required to complete the repair, or the amount actually paid for such a rental, whichever is less, but not including any normal cost of operation.

If you are faced with a property damage question please contact our firm at (402) 390-9000.