Accident Q&A series

How can I get my car repaired after an accident?

· Wallace Pierce Law

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Short Answer

Open a property-damage claim, give the insurer a reasonable opportunity to inspect the vehicle, and obtain a written repair estimate from a qualified shop. You may pursue the claim through the at-fault driver’s insurer or, if your policy provides applicable collision coverage, through your own insurer. Ask about rental transportation in writing, document every delay, and review all settlement or release language before signing.

What to Do While You Are Waiting for the Insurance Inspection

An insurer generally investigates coverage, fault, and the amount of damage before authorizing payment. That process may include reviewing the crash report, speaking with the drivers, inspecting photographs, and assigning an appraiser to examine the vehicle.

You can help move the property-damage claim forward by contacting the adjuster and requesting the following information in writing:

  • The property-damage claim number and adjuster’s contact information.
  • Whether the insurer has confirmed that its policy was active on the accident date.
  • Whether the insurer has accepted responsibility or is still investigating fault.
  • When and where the vehicle inspection will occur.
  • Whether the insurer needs photographs, a repair estimate, towing information, or a copy of the crash report.
  • Whether rental transportation has been approved and, if so, its starting date, limits, and return conditions.

If the vehicle is at a tow yard or repair facility, ask whether storage charges are accumulating. Keep the insurer informed about those charges and save all invoices. Do not permit repairs that would destroy important evidence before the insurer has had a reasonable opportunity to inspect the damage.

Choosing a Repair Shop and Reviewing the Estimate

You may obtain an estimate from a repair shop you trust. Before authorizing work, confirm who is responsible for any difference between the shop’s estimate and the insurer’s estimate. An initial inspection may not reveal damage behind a bumper, beneath body panels, or in other covered areas. If the shop discovers additional accident-related damage after disassembly, it can prepare a supplemental estimate for the insurer to review.

North Carolina’s Motor Vehicle Repair Act provides protections for qualifying repairs. Under N.C. Gen. Stat. § 20-354.3, a repair shop generally must provide a written estimate before beginning covered work costing more than $350 to the customer unless the customer makes a valid waiver. The estimate must set forth the estimated repair cost, including diagnostic work, and include the statutory statements concerning replaced parts and post-completion storage charges.

Read the repair authorization carefully. Ask whether the shop charges for diagnostics, teardown, storage, or reassembly if the insurer disputes the repair. Keep copies of the original estimate, every supplement, the final invoice, photographs, and written communications about parts or repair methods.

How to Request a Rental Car or Loss-of-Use Payment

If another driver caused the crash, the property-damage claim may include the reasonable loss of use of your vehicle. When a damaged vehicle can be repaired within a reasonable period, this issue is commonly measured by the reasonable cost of renting a similar vehicle during the repair period. The insurer may still investigate responsibility before approving a rental.

Ask the adjuster in writing whether a rental has been authorized. If approval is delayed and you rent a vehicle yourself, choose a reasonably comparable vehicle, limit the rental to a reasonable period, and keep the rental agreement and receipts. Reimbursement is not automatic; fault, the repair timeline, the type of rental, and the reason for any delay may all be disputed.

You can also check whether your own automobile policy includes rental-reimbursement and collision coverage. The policy language, deductible, and claim facts control whether those benefits apply. If your insurer pays under applicable coverage, it may later seek repayment from the responsible insurer. Avoid assuming that either insurer will cover every rental day without written confirmation.

Documents to Preserve for the Vehicle Claim

Create one file for the property-damage claim and save:

  • Photographs and video of every damaged area before repairs begin.
  • The crash report and driver-information exchange form.
  • The vehicle title or registration and financing or lease information.
  • Towing, storage, rideshare, rental, and other transportation receipts.
  • The repair shop’s estimate, supplements, work authorization, and final invoice.
  • Emails, letters, text messages, and notes from adjuster calls.
  • Any written valuation or total-loss notice.
  • Maintenance records or recent photographs that help show the vehicle’s pre-crash condition.

Repair records can also document the nature and location of hidden vehicle damage. Keep them even after the repair is completed.

Fault Can Affect Who Pays

A third-party insurer may delay or deny payment if it disputes who caused the collision. North Carolina allows contributory negligence as a defense. If the defense proves that the injured vehicle owner’s own negligence helped cause the crash, that can create serious problems for a claim against the other driver. Evidence should therefore address both what the other driver did and why your conduct was reasonable.

If responsibility remains disputed, applicable collision coverage under your own policy may provide another path to repairs, subject to the policy terms and deductible. Using your own coverage does not by itself decide who caused the crash.

Be Careful When Resolving the Property-Damage Claim

A vehicle-damage claim and a bodily-injury claim arise from the same accident but involve different losses. North Carolina law generally provides that settling property damage alone does not automatically settle an injury claim. However, the written agreement matters. Under N.C. Gen. Stat. § 1-540.2, a property settlement does not by itself release other accident claims unless the executed agreement specifically provides for a broader settlement.

Before signing a check, release, or electronic settlement document, determine whether it resolves only the vehicle claim or all claims from the collision. Do not rely solely on a verbal description of the document.

How This Applies to the Current Situation

When a vehicle owner is waiting for an inspection and also needs transportation, the immediate priorities are to obtain the claim number, request a firm inspection date, ask for the rental decision in writing, and document towing or storage costs. The owner should obtain a repair estimate but should avoid authorizing work that prevents the insurer from inspecting the original damage.

The emergency-room visit does not prevent the property-damage claim from moving forward. Save the emergency-room records, bill, and discharge paperwork because the vehicle claim and any bodily-injury issue should be documented separately. The absence of additional treatment does not determine what the insurer must do about the car.

Do Not Let Negotiations Hide a Filing Deadline

Many North Carolina claims for physical damage to personal property are subject to a three-year filing period under N.C. Gen. Stat. § 1-52. The correct deadline depends on the facts and parties involved. Adjuster discussions, inspections, or settlement negotiations do not automatically extend the time for filing a lawsuit.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review a delayed Durham vehicle-damage claim, identify what information the insurer still needs, and help separate the repair and rental issues from any bodily-injury claim. The firm can also review disputed fault, repair estimates, supplemental damage, written denials, and release language.

Legal review may be particularly useful when the insurers disagree about responsibility, storage charges are increasing, a rental request remains unanswered, or a proposed settlement appears to release more than property damage. The available options depend on the evidence, insurance terms, and circumstances of the crash.

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