Colorado’s insurance laws require drivers to purchase three types of liability coverage: individual bodily injury liability, total bodily injury liability, and property damage. While we can decipher what bodily injury may mean, the definition of property damage is not always clear. Simply put, any object that suffers damage during a car accident qualifies as property damage, including GPS systems, smartphones, and the vehicle itself.
Understanding the Difference: Property Damage vs. Personal Injury Claims
When it comes to car accident claims, it’s important to recognize that seeking compensation for property damage is a separate process from pursuing a claim for personal injuries.
A property damage claim covers the costs to repair or replace any physical objects harmed in the accident—this might include your vehicle, electronics like laptops or phones, or any other personal items inside the car at the time of the crash. Settlement for these losses can often happen fairly quickly, regardless of whether you’re still addressing your medical treatment or working through your injury claim.
On the other hand, a personal injury claim deals exclusively with the harm suffered by your body—like medical bills, rehabilitation costs, and compensation for pain and suffering. These cases can take longer to resolve because they depend on the nature and extent of your injuries and the healing process.
To make the most of your property damage claim, it’s a good idea to:
- Gather documentation showing the value of your damaged items, such as receipts or product information.
- Research similar vehicles (if your car is totaled) using reputable auto re-sale sites to understand your car’s current market value.
- Keep records of any estimates or appraisals conducted by your insurance adjuster.
By understanding the distinction and handling each claim separately, you can secure compensation for your belongings without delaying the progress of your personal injury case.
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Property Damage and Colorado Car Accident Claims
You can collect compensation for multiple types of damages after a car accident, including medical expenses, lost wages, pain and suffering, and property damage. The driver who is responsible for your accident is responsible for paying for the losses you suffered, which may include replacing these damaged objects.
Many objects can sustain damage during a car accident, including the following.
- Vehicles
- Lawns
- Bicycles
- Street signs and traffic lights
- Motorcycles
- Mailboxes
- Personal electronics
- Items inside of the vehicle
Vehicle repairs often comprise the majority of property damage costs. You can collect compensation for the cost of repairing your vehicle, as well as the price of a rental vehicle while you wait for repairs. If the accident totals your car, you can receive funds equal to the pre-crash value of your car.
Settling Property Damage and Personal Injury Claims Separately
It’s important to know that resolving your claim for property damage doesn’t require you to wait on your personal injury claim. In fact, you can accept compensation for the damage to your car and other belongings while you’re still receiving treatment or negotiating a settlement for your injuries. This can be helpful, allowing you to repair or replace your vehicle without affecting your ongoing efforts to recover for medical bills, lost income, or other accident-related losses.
How to Prove Property Damage in a Car Accident Claim
You have two pathways to collect compensation for collision-related property damage: filing an insurance claim and filing a lawsuit. During each process, you will need to prove that the at-fault driver is liable for the property damage you sustained during the accident. Since Colorado is a fault-based state, you will need to establish that the crash was the defendant’s fault — specifically, that his or her negligent actions directly caused the accident and your subsequent property damage.
You and your attorney can prove the defendant’s liability in a number of ways. You can use letters from the repair shop, invoices, and receipts to establish the cost and nature of the damage you sustained. Appraisals and a vehicle valuation report can establish the actual value of the damaged property, creating an estimated settlement you and your attorney can evaluate offers against. Your lawyer can also depose eyewitness testimony on your behalf, as well as contact expert witnesses, such as accident reconstruction specialists, who can provide insight into your losses.
Should You Use Your Own Insurance or the At-Fault Driver’s?
When your property is damaged in a car accident, you might wonder which insurance to turn to first—yours or the at-fault driver’s. Even though the at-fault driver and their insurance company are ultimately responsible for covering your losses, it’s often wise to review your own policy as well. Some drivers carry comprehensive or collision coverage, which can help pay for repairs or replacements while the insurance companies sort things out.
In many cases, starting with your own insurance can speed up repairs and get you back on the road sooner. Major insurers like GEICO, State Farm, or Progressive may offer direct repair programs or rental car coverage under your policy, allowing you to avoid drawn-out back-and-forth with the other driver’s insurer. Your provider will generally seek reimbursement from the at-fault party’s carrier, and you may have your deductible refunded once liability is confirmed.
So, whether you use your own insurance or file a claim with the other party’s insurer, consider all the benefits available to you—and don’t hesitate to ask your agent for advice.
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How Long Do You Have to File a Car Accident Lawsuit in Colorado?
If you choose to pursue a lawsuit against the at-fault driver in your accident, you will need to make sure you file your claim before the statute of limitations passes. You have three years from the date of the accident to file your claim in Colorado civil court.
A statute of limitations is a rule that sets a deadline for filing a lawsuit. If you do not file your claim in time, the court will likely dismiss it and you will not receive any funds for the damage you suffered, even if the other driver is clearly responsible. To ensure you meet the three-year deadline, speak to a car accident attorney as soon as possible after the accident.
Most injured drivers begin in the insurance stage before progressing to a lawsuit. By contacting a lawyer early on, you can begin the legal process with enough time to file an insurance claim before the statute of limitations passes. In addition, your lawyer can provide several benefits to your case, including access to expert witnesses, investigation experience, and negotiation skills. If you have not done so already, speak to an experienced car accident lawyer before filing your property damage claim.
