John W. Redmann | February 13, 2025 | Car Accidents
If someone totaled your car, you have the right to pursue legal action—even if you did not sustain bodily injuries. While personal injury claims focus on physical harm, property damage claims seek compensation for vehicle repairs or replacement. Understanding how to assess and quantify property damage is essential for building a strong case.
Your Legal Options
Louisiana, unlike some states, applies an “at-fault” system to car accident compensation, regardless of whether anyone suffered injury. If someone causes you to suffer property damage in a car accident, here are your options:
Settle Out of Court With the Insurance Company
In most cases, resolving a car accident property damage claim does not require filing a lawsuit. Many claims are settled out of court, particularly when the evidence is strong and negotiations are handled effectively. If your claim is well-documented and your negotiation skills are strong, you may be able to reach a fair settlement with the insurance company. However, if negotiations become challenging, hiring an experienced attorney can help ensure you receive the compensation you deserve.
Sue the At-Fault Driver
Another option is to file a civil lawsuit against the at-fault driver, which will also involve their insurance company. However, initiating a lawsuit does not necessarily mean the case will go to trial. In many instances, filing a claim can prompt the defendant to settle in order to avoid the costs and uncertainties of litigation. This approach may strengthen your negotiating position and increase the likelihood of a favorable resolution.
How to Value Your Loss
Briefly, here are some of the ways to value the damage to your vehicle:
- Diminished value: This is the loss in your car’s resale value even after repairs, determined by professional appraisers.
- Repair costs: Obtain multiple repair estimates from reputable auto body shops to document the cost of restoring your vehicle.
- Rental car costs: If you need a rental car while yours is being repaired, keep receipts as this is part of your damages.
- Fair market value: If your car is beyond repair, you can claim its fair market value before the accident, often determined using Kelley Blue Book or similar guides.
- Actual cash value (ACV): This is the market value of your car right before the accident, considering its age, mileage, and condition. It’s often used by insurance companies to determine payouts for totaled vehicles
Most of these methods are alternative, not additive–you must choose one method over another. In some cases, such as rental car expenses, you can add more than one item to reach the amount of your damages.
How Long Do I Have to Bring a Claim?
The statute of limitations establishes the legal deadline for filing a lawsuit or reaching a settlement for your claim. In Louisiana, you typically have two years from the date of the accident to pursue a claim for personal injury or property damage. Failing to take legal action within this timeframe may result in the loss of your right to seek compensation.
A Louisiana Car Accident Lawyer Can Help You Maximize the Value of Your Claim
While you may be able to secure some compensation by handling your car accident claim on your own, hiring an experienced Louisiana car accident lawyer can significantly increase your chances of obtaining a higher settlement—even after accounting for attorney’s fees.
At the Law Office of John W. Redmann, L.L.C., we have been advocating for car accident victims across Louisiana for over 30 years. Based in Metairie, near New Orleans, our firm has a strong track record of success. With our contingency fee structure, you pay no attorney’s fees unless we win your case. Contact us today for a free case evaluation.
Contact the Metairie Car Accident Lawyers of The Law Office of John W. Redmann, LLC for Help Today
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our car accident attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
The Law Office of John W. Redmann, LLC – Gretna, LA Office
