Disclaimer: This article is for general information and does not provide legal advice. For advice specific to your situation, consult a qualified attorney.
Detailed Answer
In Massachusetts, you can pursue compensation for vehicle damage (property damage) separately from bodily injury claims. Property damage coverage arises under M.G.L. c.90, §34M, while bodily injury coverage falls under M.G.L. c.90, §34A. Follow these steps:
- Notify Your Insurance Company. Promptly report the collision to your auto insurer. Provide details of the accident, including date, time, location, and parties involved.
- Document the Damage. Take clear photos of the vehicle, license plates, and any relevant scene evidence. Obtain repair estimates from certified mechanics or body shops.
- File a Property Damage Claim. Submit your documentation to the at-fault party’s insurer or your own insurer if you have collision coverage. Cite M.G.L. c.90, §34M to ensure coverage applies.
- Review Deductibles and Coverage Limits. Check your policy for any deductible that applies to collision claims. Understand your limits to anticipate out-of-pocket costs.
- Negotiate a Settlement. The insurer will review your claim and may offer a settlement. Compare this to repair estimates and negotiate if necessary.
- Consider Small Claims Court. If the insurer denies your claim or offers an inadequate amount, you can file in Massachusetts Small Claims Court (up to $7,000). File within three years of the accident under M.G.L. c.260, §2A.
- Separate from Bodily Injury Claims. Maintain distinct files for property damage and personal injury. Do not sign away damage rights when settling bodily injury claims. Negotiating separately avoids confusion.
Helpful Hints
- Keep a written log of all communications with insurers and repair shops.
- Obtain multiple repair estimates to strengthen your negotiation position.
- Save all receipts for towing, rental cars, and repairs to claim reimbursement.
- Confirm filing deadlines for both property damage and personal injury claims to avoid waiving your rights.
- Consult a Massachusetts attorney if the insurer acts in bad faith or denies your valid claim.