Disclaimer: This article provides general information only and is not legal advice. Consult a qualified attorney to address your specific needs.
Detailed Answer
In Washington, property damage claims for vehicle repairs follow a different process from bodily injury claims. Handling them separately helps you track each claim’s status, deadlines, and required documentation. Below are the key steps to pursue compensation for vehicle damage apart from personal injury.
1. Report the Accident and Preserve Evidence
• Under RCW 46.52.020, you must stop, exchange information, and render aid if needed. See the statute.
• If damage exceeds $1,000, file an accident report with law enforcement within four days per RCW 46.52.101. View the requirement.
• Take clear photos of all vehicle damage, the scene, and any road conditions.
2. Notify the At-Fault Driver’s Insurer
• Contact the at-fault party’s insurance company promptly to report your property damage claim.
• Provide your photos, the police report number, and a brief written statement of the damages sustained.
• Ask for a claim number and the property adjuster’s contact information.
3. Obtain Repair Estimates
• Get at least two written repair estimates from reputable auto body shops.
• Ensure estimates include parts, labor, and any diminished value workup.
• Submit all estimates to the claims adjuster for review.
4. Negotiate Settlement
• The insurer may schedule an inspection. Attend and point out all damage areas.
• Review the insurer’s initial offer against your estimates.
• Negotiate differences. Cite unfair claims handling under RCW 48.01.030 if the insurer delays or denies without a reasonable basis. Learn more.
5. File a Lawsuit for Property Damage if Negotiation Fails
• If parties can’t agree, file a claim in Washington Small Claims Court (up to $10,000) or Superior Court for larger amounts.
• Suits must be filed within three years under the statute of limitations for property damage (RCW 4.16.080).
• Serve the defendant (at-fault driver) with court papers and prepare your evidence.
Helpful Hints
- Keep a dedicated file of all communications, estimates, photos, and repair invoices.
- Don’t delay reporting: prompt notice avoids claim denials.
- Rent a vehicle under your policy if you have rental reimbursement coverage; claim it separately.
- Ask the adjuster in writing for a clear explanation of any denial or underpayment.
- Consider mediation before suing to save time and costs.