Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Virginia, you can pursue property damage compensation independently of bodily injury claims. Follow these steps to protect your rights and recover repair costs.
- Gather Evidence at the Scene
• Take photos of all vehicle damage, license plates, road conditions and traffic signals.
• Exchange names, insurance details and contact information with other drivers. - Notify Your Insurer Promptly
• Report the accident to your auto insurer under your collision or uninsured/underinsured motorist (UIM) coverage.
• If the other driver is at fault, file a third-party property damage claim with their insurer. - Obtain Repair Estimates
• Get at least two written repair estimates from reputable body shops.
• Provide these estimates to the insurer’s adjuster to support your damage claim. - Negotiate with the Insurer
• Review the adjuster’s offer carefully. If it is too low, present competing estimates.
• You may request an appraisal per your policy terms or under Virginia Code § 38.2-2206 (UIM property damage appraisal). - Issue a Demand Letter
• If negotiations stall, send a written demand letter to the responsible party or their insurer summarizing your evidence and repair costs. - File a Lawsuit if Necessary
• In Virginia, you generally have two years from the accident date to sue for property damage under Virginia Code § 8.01-243.
• For a denied or underpaid insurance claim, you may bring a breach of contract action within four years under § 8.01-581.1.
Helpful Hints
- Keep copies of every communication (emails, letters, call logs).
- Photograph damage before and after repairs.
- Consider hiring a public adjuster for complex claims.
- Do not sign a full release until repairs and rental costs are covered.
- Consult an attorney if the insurer still undervalues your claim.