Detailed Answer
Pursuing compensation for vehicle damage separately from bodily injury requires following specific steps under Massachusetts law. These steps help you recover repair costs even if you handle personal injury later or through another process.
1. Document the Accident and Damage
Immediately after the collision, take clear photos of all vehicles, property damage and the scene. Obtain a copy of the police report. Good documentation strengthens your claim.
2. Notify Insurers Promptly
Massachusetts law requires prompt notice to insurers. Report the accident to your own insurer and to the at-fault driver’s insurer. If you have collision coverage, your insurer can handle repairs and pursue subrogation.
3. Obtain Repair Estimates
Get written estimates from at least two auto body shops. Keep invoices and work orders. These figures form the basis of your demand.
4. File a Property Damage Claim
Submit your documentation and repair estimates to the at-fault party’s insurer. Include the police report, photos and any available collision coverage proof. The insurer must acknowledge your claim under M.G.L. c.175, §113H (link).
5. Send a Written Demand Letter
If the insurer delays or underpays, send a formal demand letter. Outline the facts, attach estimates and state a dollar amount. Set a deadline (usually 30 days) for payment before legal action.
6. File a Lawsuit if Necessary
If negotiations fail, you have three years from the accident date to sue for property damage under M.G.L. c.260, §2A (link). For claims up to $7,000, consider Small Claims Court. For higher amounts up to $25,000, file in District Court.
7. Understand Subrogation
If you used your collision coverage, your insurer pays for repairs and then pursues the at-fault insurer to recover its costs. You may only be responsible for your deductible.
Disclaimer: This article provides general information under Massachusetts law and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Helpful Hints
- Take time-stamped photos from multiple angles before moving vehicles.
- Keep a detailed file with all correspondence, estimates and invoices.
- Follow up in writing and keep copies of emails and letters.
- Contact an adjuster early if the insurer delays acknowledgment.
- Consider mediation or appraisal if insurers dispute repair costs.
- Track all deadlines under the statute of limitations to preserve your rights.