The 10 most frequently asked questions about property damage

1. If the other driver was charged by the officer, whey won't they immediately pay for the damage to my car?

North Carolina requires proof that the other driver negligently caused the wreck. If you were even 1% at fault, you cannot recover anything under North Carolina law. This terrible rule is called contributory negligence and is often used by insurance companies as a basis for denying claims. Being charged by the police does not mean the other driver must pay. However, if he pleads guilty to the charge, that guilty plea may be used in your favor to prove fault.

2. How long does it take to settle my claim for damages?

It usually takes at least one to two weeks to settle your claim; however, it should not normally take more than thirty (30) days. You should call the adjuster every day to check on the status of your case. It's the best way to get their attention. Keep a written record of your calls.

If you have collision insurance, turn the claim over to your insurance company and let them worry about collecting damages (including your deductible) from the other driver.

3. What if it takes longer than two weeks to settle my claim?

Ask the adjuster for an explanation for the delay. Insist that the put the explanation in writing. If there is no reasonable explanation, you may want to complain to the Commissioner of Insurance. The consumer hotline number is 800-662-7777.

4. The adjuster says I can only get "Blue Book" value for my car, even though the pay-off on my loan is more than that. Is he right?

The adjuster is not required to pay off your loan if the loan is more than the fair market value of your car. In North Carolina, you may recover the difference between the fair market value of the damaged vehicle immediately before it was damaged, and its fair market value immediately after it was damaged.

5. The adjuster says they will only pay for the cost of my repairs, but will pay me nothing more for the loss of value to my car. Is he correct?

No. North Carolina holds that the cost of repairs is not the true measure of damages. The total amount of damages you are entitled to is the difference between the fair market value of the property immediately before it was damaged, and its fair market value immediately after it was damaged.

6. How many estimates do I need?

There is no legal requirement as to the number of estimates, although most insurance companies have a policy of requiring two estimates. This is within their rights.

7. What if they disregard my estimate?

Most companies will accept written estimates from legitimate care dealers or repair shops. However, in the event of a serious disagreement, you may want a written estimate from a professional appraisal service.

8. I need a rental car while my car is being repaired. How long can I keep it, and how much do they have to pay for it?

There are three rules which may apply in North Carolina, depending on your specific circumstances:

(1) Repairs possible at reasonable cost in reasonable time. If your car can be repaired, you are entitled to be paid for the cost of renting a vehicle like yours (while your car is being repaired), whether or not you actually rent a similar car.

(2) Total destruction or repairs unreasonable. If your car is "totaled," you are entitled to the rental value of a car like yours, but only for the time reasonably necessary to replace our car.

(3) Owner elects to replace repairable vehicle. If your car can be repaired, but you decide to replace it anyway, you are entitled to the rental value of your car for either, one, the time it would take to repair your care, or two, the time to replace your car, whichever is shorter.

9. Can I settle my property damage claim now, even though I am not ready to settle my claim for my personal injuries?

Yes. However, you must be careful not to sign any document or check which says "Release of all claims" or "Release of bodily injury claim." If you are not certain about the language in the release, please ask an attorney to look at the document for you.

10. If they deny my claim, what can I do about it?

(1) If you have collision coverage, you can turn your claim over to your collision carrier; or
(2) If your claim is for less than $2,000, you can file a claim in Small Claims Court. You do not need an attorney. You may get the necessary forms - free - at the Hall of Justice; or

(3) Hire an attorney. Although we do not accept cases involving only property damage, you may wish to call the North Carolina Bar Referral Service at 800-662-7660.
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