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.
- 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.
 
- 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.
 
- 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.
 
- 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.
 
- 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.
 
- 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.
 
- 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.