Property Damage vs. Injury Claims
In a North Carolina crash claim, “property damage” is about your vehicle and related out-of-pocket losses tied to the vehicle. “Injury” is a separate category (medical bills, lost income, pain and suffering, etc.). A diminished value claim is a property damage issue, and it can exist even after the car is repaired because a repaired vehicle can still sell for less than an undamaged one.
What to Document
- Proof the repairs were completed: Repair estimate(s), final invoice(s), and photos before/after repairs.
- Vehicle details that affect market value: Year, make/model, mileage, trim/options, and pre-crash condition (maintenance records can help).
- Evidence of diminished value: A written appraisal or valuation analysis, comparable listings/sales data, and any documentation showing the vehicle now carries a crash history.
- Related expenses (if applicable): Rental/temporary transportation receipts and towing/storage paperwork.
Common Resolution Paths
- Negotiation: The insurer will usually want documentation showing (1) the vehicle’s fair market value before the crash, (2) its fair market value after the crash/repairs, and (3) why the difference is tied to the collision.
- Appraisal/dispute processes: Some disputes get resolved through valuation evidence and back-and-forth negotiation. (The exact process can depend on how the claim is being handled, so it helps to keep everything in writing and organized.)
- Small claims or court options: If the claim cannot be resolved informally, some people consider court. Whether that makes sense depends on proof, costs, and the amount in dispute. An attorney can help you evaluate that without assuming any outcome.
How This Applies
Apply to your facts: Because the repairs were already paid, the next question is whether anything you signed closed out the entire property damage claim (including diminished value) or only paid the repair bill. If no full-release language applies, the practical focus becomes proof: showing the vehicle’s market value before the crash versus after the crash (even after quality repairs) using credible valuation support.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-540.2 – A property-damage settlement from a motor vehicle crash does not automatically release other claims unless a written settlement agreement clearly says it does.
Conclusion
In North Carolina, payment for repairs does not automatically end the conversation about diminished value. The two biggest issues are (1) whether you signed paperwork that released all property damage claims and (2) whether you can prove a real drop in fair market value after the crash history. A practical next step is to gather your repair paperwork and valuation support and speak with a licensed North Carolina attorney about how to present the claim.
