What steps are needed to pursue compensation for vehicle damage separately from bodily injury claims in Alabama?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Pursue Vehicle Damage Compensation Separately from Bodily Injury Claims in Alabama

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

Detailed Answer

After an automobile accident in Alabama, you can file two distinct claims: one for property damage (your vehicle) and one for bodily injury (physical harm). Separating these claims can speed up repairs and prevent medical negotiations from affecting your vehicle settlement.

  1. Report the Accident and Preserve Evidence.
    • Call law enforcement to generate an official crash report.
    • Take photos of all vehicle damage, license plates, skid marks, and scene conditions.
    • Collect contact and insurance information from all drivers and witnesses.
  2. Notify Your Insurer Promptly.
    • Under your own collision coverage, report the loss even if you plan to seek recovery from the at-fault driver.
    • Ask about rental car reimbursement if your policy includes loss of use coverage.
  3. Obtain Written Repair Estimates.
    • Visit at least two reputable auto repair shops for detailed, line-item estimates.
    • Ask each shop to note whether they will use Original Equipment Manufacturer (OEM) parts or aftermarket parts.
  4. File a Property Damage Claim with the At-Fault Driver’s Insurer.
    • Contact the other driver’s liability carrier and provide the police report number, estimates, and photos.
    • Keep records of all communications—letters, emails, and phone calls.
  5. Review and Negotiate the Settlement.
    • Insurers may offer a settlement based on actual cash value (ACV). Consider diminished value beyond repair costs.
    • If the offer is insufficient, send a written demand letter detailing your estimate and relevant expenses.
  6. Consider Alternative Dispute Resolution or Filing Suit.
    • If negotiations stall, check if your policy or local rules require mediation or appraisal before suit.
    • For smaller claims (under $6,000), you may use Alabama small claims court. Otherwise, file in the appropriate district court.
  7. Adhere to the Statute of Limitations.
    • Under Ala. Code §6-2-38, you generally have two years from the accident date to file a lawsuit for damage to personal property. See Ala. Code §6-2-38.

Helpful Hints

  • Keep a dedicated file with all repair estimates, police reports, photos, and correspondence.
  • Understand your deductible and whether it will be reimbursed after recovery from the at-fault driver.
  • Ask repair shops for a written warranty on labor and parts.
  • Document any additional costs, such as towing, storage, or lost wages due to vehicle unavailability.
  • Consider a diminished value claim if your repaired vehicle is worth less than pre-accident value.
  • If you dispute the at-fault insurer’s liability, seek an attorney experienced in Alabama auto liability claims.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.