Even when no one is hurt, a car accident can leave you with an immediate problem: how to pay to get your car fixed or replaced if it’s beyond repair. Towing charges, repair bills, and the cost of a rental car can quickly add up.
A property damage claim can help you recover those costs, but who pays and how much depends on who caused the crash and the insurance that’s available.
Below, we explain how property damage claims work in Alabama after a crash, what they may cover, and what you should know if you suffered an injury as well.
If you have questions about your rights or need help with your claim, reach out to our Birmingham car accident attorneys for a free consultation.
What is property damage in a car accident?
Property damage is physical damage to your vehicle or other belongings caused by a crash. It can range from a dented bumper or broken windshield to a vehicle that is damaged beyond repair.
The term also includes damage to things other than cars. For example, a collision might damage a laptop inside a vehicle, a cyclist’s bicycle, or a homeowner’s fence or mailbox. A property damage claim allows you to seek payment for these losses, whether or not anyone was injured.
What does property damage cover in a car accident?
Depending on the circumstances and the insurance coverage involved, a standard property damage claim may include:
- The reasonable cost of repairing your vehicle
- Compensation based on your vehicle’s value before the crash (if it’s totaled)
- Repair or replacement of personal belongings damaged in the collision
- Reasonable towing expenses
- Reasonable rental car expenses while your vehicle is being repaired or while you find a replacement if it is totaled
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If your car is totaled, your compensation is generally based on what your car was worth prior to the crash—not what a similar car costs or how much you still owe on your loan.
The amount insurance pays also depends on the coverage and limits of the policy involved, along with any deductible that applies.
Who pays for property damage after an Alabama crash?
If another driver negligently caused the crash (for example, by speeding or not paying attention), you can generally pursue payment through that driver’s property damage liability insurance.
Alabama requires drivers to have minimum property damage liability insurance coverage of $25,000 per accident, although drivers may carry higher limits. That limit applies to the property damage from the accident as a whole, rather than providing $25,000 for each damaged vehicle.
However, Alabama follows a strict contributory negligence rule for car accidents.
Under this rule, if your own carelessness helped cause the crash—even slightly—you could be barred from recovering any compensation from the other driver.
If you were partially or fully responsible for the crash or the at-fault driver has no insurance, you may also be able to use your own collision insurance, if you purchased it, to help pay to repair or replace your car. You generally pay a deductible, which is your share of the covered cost.
If the crash was totally your fault, your liability insurance generally pays for damage to other people’s property.
Is a property damage claim the same as a personal injury claim after an Alabama car accident?
No. A property damage claim is intended to compensate you for damage to your belongings. A personal injury claim compensates you for your injuries and how they affect your health, work, and daily life.
For example, the cost of fixing your car belongs in a property damage claim. Medical bills, income you lose while recovering, and pain and suffering belong in a personal injury claim.
Insurance companies generally handle these under separate types of coverage, even though they come from the same crash.
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How do I file a claim for property damage after an Alabama car crash?
You should start by notifying whichever insurance company you’re asking to pay for the damage. Even if you expect the other driver’s insurance to pay, you should also notify your own insurer as well.
The insurance company will assign a claim number and an adjuster to review what happened and assess the damage. To help the process along:
- Take photos. Photograph the damage at the scene, the vehicles involved, and the accident scene itself if you can do so safely.
- Gather supporting information. Collect important information at the scene of the crash, including the other driver’s name, insurance information, and vehicle details, along with witness contact information. Also get the name of the officer who responds in case you have questions later about the accident or the police report.
- Document your losses. Get repair estimates and save receipts for towing, a rental car, and other related expenses. Include photos or records of damaged belongings.
- Hold off on repairs until the damage is assessed. Give the insurer a chance to inspect your car, and make sure you understand what it has agreed to pay and what you may owe before authorizing repairs.
Before accepting an offer, compare it with your estimates and records. If the amount seems too low, ask the adjuster to explain how it was calculated and provide evidence supporting a higher payment, such as a repair shop’s written estimate, receipts for related expenses, or listings for comparable vehicles in your area (if your car is totaled).
If the other driver denies responsibility or the insurer blames you for the crash, speak with a local Alabama car accident attorney about your legal options.
Can I file a claim for property damage and personal injury for the same car accident?
Yes. If a crash injured you and damaged your property, you can seek compensation for both. In cases where you need future medical treatment or the severity of your injuries is unclear, you may be able to resolve the vehicle damage claim without settling your injury claim at the same time.
But pay attention to the language in the settlement paperwork. If you’re accepting a payment for property damage only, make sure the agreement clearly leaves your injury claim open.
Some settlement agreements say you give up all future claims against the other driver related to the accident. If you sign an agreement with that language, you could lose the ability to seek payment for your medical bills and other injury-related losses—even if you thought the agreement only covered your car.
If a lawsuit becomes necessary, the process is different. You generally should ask for compensation for both your property damage and your injuries in the same lawsuit against the responsible driver.
If you already settled your vehicle damage claim with the insurer and the agreement left your injury claim open, you can typically still sue for your medical bills and other injury-related losses later.
What is the statute of limitations for property damage after a car accident in Alabama?
For a property damage lawsuit based on another driver’s negligence, you generally have 2 years from the date of the crash to file. Missing this deadline could mean losing your ability to recover payment through the courts.
This is not the same as reporting an accident to the insurer.
You should notify the insurer promptly, and your own policy may require you to report the accident within a certain time. Having an open insurance claim or negotiating a settlement does not, by itself, extend the deadline to file a lawsuit.
Have questions about a property damage claim after a car accident in Birmingham? We can help.
When you’re dealing with serious injuries or a damaged vehicle after a crash in Alabama, you need an attorney who takes the time to understand your situation and explain your choices.
At Nomberg Law Firm, that personal attention is central to how we work. We’re a local Birmingham law firm with deep Alabama roots and more than 50 years of experience representing injured people across our state.
If you or a loved one was in an Alabama car accident because of someone else’s negligence, contact our Birmingham car accident lawyers today for a free consultation. We can discuss what happened, answer your questions, and help you decide what to do next.