How to Deal with Property Damage After a Car Accident in Tennessee

You’re driving down the highway, obeying all the rules of the road, when out of nowhere, another vehicle swerves into your lane. In that split second of panic, the sound of crunching metal rings out as the other car plows into yours. You’re shaken up but thankfully unhurt – or so you think at first.

As the dust settles, the sobering reality hits…the accident caused major damage to your vehicle. That’s your reliable mode of transportation, your daily commuter, potentially thousands of dollars worth of value, now crumpled. Looking around the wreckage, you realize other possessions were affected too – your laptop, the camera you invested in, and your kid’s booster seat in the back, all destroyed or thrown about.

At Pickford Law, this is far from an unfamiliar scenario we’ve seen play out. After a car accident, many clients primarily focus on any physical injuries sustained and potential medical costs. But the property damage sustained can also be extensive – and dealing with those claims is crucial.

What Legally Constitutes “Property Damage” in an Accident?

Under Tennessee law, “property damage” encompasses any harm or destruction caused to another person’s property due to someone’s negligence or intentional actions. In the context of a car accident, this includes:

• Damage to the vehicles involved (your car, the other driver’s vehicle)
• Damage to personal property inside those vehicles (car seats, electronics, jewelry, expensive work equipment like cameras, etc.)
• Damage to surrounding property caught in the accident (buildings, signs, guardrails, etc.)

Essentially, if you got into a collision that harmed someone else’s vehicle, belongings, or other property in any way, that all legally qualifies as compensable property damage. The at-fault party and/or their insurance carrier then becomes liable for those losses, not you.

Whose Insurance Covers Property Damage Costs?

If the accident was definitively caused by the other driver’s negligence (running a red light, reckless speeding, distracted driving, etc.), you should be entitled to have all associated property damage costs covered by their liability insurance policy. This includes:

• The cost of repairing your vehicle back to its original condition prior to the accident
• Reimbursement for the full cash value of any personal property items that were totaled or lost in the collision
• Coverage for reasonable rental car costs while your vehicle is being repaired
• Compensation for diminished value if your repaired vehicle’s overall worth decreases after the accident

However, if you were found to be partially at fault, liability would be proportionally split based on each party’s percentage of negligence. So, if you were deemed 30% at fault and the other driver 70% at fault, their liability insurance would cover 70% of your total property damage.

What if the other driver had no insurance at all? That’s where your own auto policy’s uninsured motorist property damage coverage kicks in to pick up the slack. While not legally required by Tennessee, this optional add-on safeguards you in these all-too-common scenarios.

Filing a Property Damage Claim with Your Insurance Company

No matter whose insurance is liable, you’ll need to formally file a property damage claim. Many clients instinctively want to go straight through the at-fault driver’s carrier, but that’s not always advisable.

At our firm, we typically recommend filing a claim through your insurer’s collision coverage, even if the accident clearly wasn’t your fault. There are a few key reasons for this:

• It allows repairs or replacement of your vehicle to get processed much faster
• Most auto policies require you to go through your insurer first for your claim to be valid
• Dealing with your own insurance company is often smoother than fighting with the other driver’s carrier

The claims process starts by promptly notifying your insurer of the accident – Tennessee has a 3-year statute of limitations for filing property damage claims. You’ll need to submit documentation like:

• A copy of the official police report from the accident
• Photos/videos clearly depicting all vehicle and property damage
• Repair estimates from body shops for your vehicle’s damages
• Records establishing ownership/value for any damaged personal property items
• The other driver’s name, contact info, insurance details, and any statements they provided

Your insurer will investigate, potentially subrogate against the at-fault driver’s carrier for reimbursement, and approve releasing a claims payment to you if coverage applies.

What If Your Vehicle Is Totaled After the Accident?

In severe collisions, damage to your vehicle may be so extensive that your insurer deems it totaled or a “total loss.” This designation usually applies when repair costs exceed a certain percentage of the vehicle’s pre-accident cash value (often around 60-70%).

If totaled, you’re entitled to reimbursement for your vehicle’s fair market value leading up to the accident rather than just repair costs. However, calculating an appropriate valuation requires more documentation, like comparable sales listings in your area, to determine an accurate pre-damage amount.

Additionally, if your totaled vehicle is still financed or leased, your insurer’s payout must account for paying off the remaining loan balance. This tends to draw out the overall process and requires more coordination between lenders/lessors compared to standard repair claims.

The Role of Legal Counsel for Property Damage Claims

In most situations, dealing with property damage claims after a collision doesn’t inherently require hiring legal counsel.
However, there are certain scenarios where involving an experienced Tennessee car accident attorney is absolutely advisable:

• Your property damage claim gets unnecessarily delayed, underpaid, or denied by the insurer
• You’re dealing with a complicated case where damages are extensive (high repair costs, totaled vehicle, multiple damaged parties, etc.)
• The insurance companies from either side are being uncooperative, misleading, or acting in bad faith
• You need to file a personal injury lawsuit against the at-fault driver where property damage can be included

Insurance companies are motivated by protecting their profits above all else. Having an attorney who specializes in this arena advocating forcefully on your behalf from day one can:

• Ensure you’re fully compensated for your property damage rather than being underpaid
• Expedite delays by applying legal leverage with intimidating parties
• Navigate complicated claims with ease rather than getting overwhelmed
• Properly document and substantiate the total extent of your damages
• File a lawsuit against the at-fault party if absolutely needed to recover losses

When your vehicle and personal belongings have been damaged through no fault of your own, you deserve adequate reimbursement for those losses without being taken advantage of by profit-driven insurers.

What If the At-Fault Party Had Minimal Insurance Coverage?

One of the biggest issues with property damage claims in Tennessee is the relatively low minimum liability insurance requirements. Currently, drivers are only legally obligated to carry:

• $25,000 for injury/death to one person
• $50,000 for injury/death to multiple people
• $25,000 for property damage

While personal injury claims can tap into an at-fault driver’s additional assets, that scant $25,000 property damage minimum is the absolute cap on what their liability insurance will cover if they have no other assets. With the high repair costs for many modern vehicles, that amount gets maxed out quickly.

So, what options are available if the at-fault driver’s insurance can’t fully cover your property damage costs? Two potential avenues we pursue:

1. Filing an underinsured motorist property damage claim through your own insurance carrier’s coverage. Your insurer then becomes liable for excess damages beyond the at-fault party’s limits.
2. Retaining legal counsel to file a lawsuit directly against the at-fault driver’s personal assets and wages to recover additional compensation.

These low liability minimums routinely victimize Tennessee drivers who are already suffering from the trauma, inconvenience, and losses endured from a collision that wasn’t their fault. While I wish I could say the process is always smooth and agreeable, the reality is that having a knowledgeable attorney advocate on your side makes a world of difference.

If you’ve experienced any property damage after a car accident in Tennessee, the team at Pickford Law is here to guide you through every legal avenue to get maximum compensation. Your case is our cause – reach out today for a free consultation to put our team’s experience in your corner.