Call Barry Zlotowicz of the Chicago Legal Group today at 847-305-4105 if you are searching for a property damage lawyer in Chicago. We have handled countless property damage claims on behalf of victims of automobile, motorcycle, bicycle and other accidents.
What type of property damage can you recover for?
If you are involved in an auto or other motor vehicle accident, you likely suffered some form of property damage. That could include damage to your vehicle, damage to personal items like your iPhone or GPS, and you will also be forced to pay for a replacement vehicle while your vehicle is being repaired. To obtain help, call an Illinois Accident Lawyer today or continue reading below.
The most common claim is for the damage to your vehicle. Each type of accident is different and raises a different type of issue. If you were hit in your car, there might be damage to your bumper that can’t be seen by an auto insurance appraiser without taking the bumper off. Perhaps you got hit on a $5,000.00 road bicycle. If the bike has a carbon fiber frame, it may require an x-ray to determine if it is cracked. If you were on a motorcycle, you may have many aftermarket parts on the bike. As a property damage attorney in Chicago, I have seen nearly every issue that can arise.
Common property damage issues
How do you prove your property damage? In a word, documentation. Check out my blog on this topic or check out my YouTube page LawFull for more information on documentation. But in short, obtain photographs of all the property damage as soon as possible. If you are seeking reimbursement for a phone, a pair of riding pants or a leather jacket, find your receipts for the items or provide your Illinois accident lawyer links on Amazon.com or another site so that you can establish the value of your damaged property.
How many estimates do you have to obtain?
In Illinois, there is no specific law regarding how many estimates you have to obtain. It may behoove you to obtain more than one, however. Insurance companies often require more than one and it is not worth fighting them about it. You may not have to get an estimate at all as the auto insurance company may send an appraiser out to inspect your vehicle.
Can I choose where I get my vehicle fixed?
In short, yes you can. However, it may be a good idea to work with the insurance company to get your vehicle fixed with one of their contracted/approved shops. The reason being is that the insurance company will come up with an estimated value of your vehicle. If you take your vehicle to a different shop, the insurance company might refuse to pay more than their own appraiser’s estimate. That could lead to a dispute which may have to be settled in court.
Rental Car and Loss of Use
You are entitled to a rental car for a certain period of time. I’ve had insurance companies come down on all sides of this issue. Some give you a car of comparable quality to the car you were driving. Others pay for a compact. There are also limitations on the amount of time you can be in a rental car. If the insurance adjuster is pressuring you on this, ask them to prove to you that there are limits and/or restrictions on rental car compensation in their insured’s auto policy.
You may also be able to recover from the loss of use of your vehicle. In short, if you have a motorcycle and you can’t ride it for 30 days because of the damage to the vehicle, you can try to seek compensation for that. Insurance companies will frequently pay you the amount it would have cost for you to rent a car during that time period.
I’ve had clients who were hit shortly after they purchased their cars. There is no Illinois law that dictates that an insurance company has to pay you for the diminished value of your vehicle. However, it’s worth the effort to try and recover for diminished value. You do so through, once again, documentation. You need an expert to document that the value of the car as it sits after being repaired is less than a comparable car that has not been in an accident.
Why Won’t an Illinois Accident Lawyer take my case?
Illinois accident lawyers are compensated for recovering from an injured person’s medical bills, pain, and suffering, lost wages, loss of enjoyment etc. I do not and never will take money from my clients’ property damage settlements. As a result, if a case only involves property damage, there’s not a lot an accident lawyer can do for you.
If you are involved in a property damage only accident, you may have to file in small claims court on your own and/or settle your dispute with the insurance company. If that’s the case, feel free to contact me to discuss your case. I’m happy to be a resource for you.
Should I use my own insurance to pay for my property damage?
I always recommend my clients use their own insurance company to pay for their property damage if they have collision coverage. Yes, you will have to front your deductible. But you will probably get it back (depending on a few factors). This is the quickest way for you to get your car back quickly and set you on the course to returning to your pre-accident status.
Your auto insurance company will then “subrogate” or go after the other insurance company on your behalf, to recover for the costs to your vehicle. Your insurance rates should not increase just because you used your own insurance unless you were at fault for the accident.
In Illinois, an accident victim can still recover their damages even if they are partially at fault for the accident. The concept is called comparative negligence. Often an insurance company will try and place a small percentage of fault on you for the accident even if it is not warranted. You are not obligated to accept this if you do not want to. However, be aware that if you do accept partial fault, that your recovery for your property damage will be reduced by your percentage of fault.
Thank you for reading my Illinois Accident Lawyer blog article on property damage. If you would like a free consultation on this or any other injury-related issue, please feel free to contact me at 847-305-4105.