How Is Property Damage Handled After a Car Accident in New York? Insights from a Top New York City Personal Injury Lawyer

The aftermath of a motor vehicle accident can be overwhelming. In addition to potential life-altering injuries, you may be facing significant damage to your car and other personal property. An experienced New York car accident attorney can help you recover full compensation for both your injuries and your property damage.

At Greenstein & Pittari, LLP, we fight to ensure that you’re not left paying out-of-pocket for vehicle repairs, replacement costs, towing, storage, or rental expenses after an accident caused by someone else’s negligence.

What Is a Property Damage Claim?

Property damage claims involve compensation for damaged or destroyed property—not bodily injury. Common types of property subject to these claims include vehicles, personal belongings inside the vehicle, and real property (such as a damaged fence or building).

Car accidents are one of the most frequent causes of property damage claims. Depending on who was at fault, you may pursue compensation from:

• The at-fault driver’s insurance carrier, or
• Your own insurance company, if you have collision coverage

However, insurance companies will only pay up to the policy limits. If your damages exceed that amount, you may need to pursue additional recovery directly from the negligent driver.

Property Damage vs. Personal Injury Claims

It’s important to understand that property damage claims are filed separately from personal injury claims. You can (and should) pursue both if applicable. A skilled attorney can help manage these claims simultaneously to maximize your total recovery.

What to Expect in a Property Damage Claim

1. Confirming Coverage & Scheduling an Inspection

Once insurance coverage is confirmed, the at-fault party’s insurer will typically send an adjuster to inspect your vehicle. We recommend having this done at the body shop where you plan to repair your vehicle.

During the inspection, the adjuster will:

• Photograph all sides of the vehicle (including undamaged areas)
• Verify that the damage matches the accident report
• Check for pre-existing damage
• Document your license plate, VIN, and odometer reading

Avoid discussing accident details during the inspection—simply direct the adjuster to the areas of damage.

2. Investigation by the Insurance Company

The insurance company must complete a liability investigation before offering a settlement. This may involve:

• Interviewing their insured driver
• Inspecting their insured’s vehicle
• Speaking with witnesses
• Reviewing the police report

This process can take several weeks or even months. We understand how frustrating delays can be and will follow up consistently to expedite your case.

3. Liability and Shared Fault

In New York, fault is often divided among the drivers involved. If you’re found to be partially at fault, your recovery may be reduced accordingly.

Example:
If you’re found 20% at fault and the other driver is 80% at fault, their insurer will only cover 80% of your:

• Vehicle repair or replacement costs
• Towing and storage fees
• Rental vehicle expenses

Rental Car Coverage

If you have rental car coverage under your policy, getting a temporary vehicle is easy.

If you don’t, we can pursue reimbursement from the at-fault party’s insurer. However, they typically will not pay rental expenses until their liability investigation is complete.

If you rent a vehicle in the meantime:

• Choose a vehicle comparable to your damaged car
• Save an itemized, paid receipt
• Keep in mind your reimbursement may be reduced if you’re partially at fault

Important Documents to Send Us

To process your property damage claim efficiently, please send:

• Photos of your damaged vehicle
• The written repair estimate
• The current location of the vehicle for inspection

Storage Fees: Your Duty to Mitigate Damages

If your vehicle is being stored at a repair shop or impound lot, you are likely incurring daily storage charges. These can become expensive fast.

You must take steps to mitigate your damages:

• If your car is repairable, the shop may waive storage fees if they’re doing the repairs
• If your car is deemed a total loss, move it promptly after inspection to avoid unnecessary fees

Insurance companies will only pay reasonable storage fees and may stop payment soon after declaring the vehicle a total loss.

Total Loss Claims

A car is considered a total loss when the cost of repairs meets or exceeds the vehicle’s actual cash value (ACV).

Your recovery will be based on:

• The fair market value of your vehicle on the accident date
• Minus the salvage value, if applicable
• Plus taxes and other fees where allowed

Towing & Storage Reimbursement

If your vehicle was towed after the accident:

• Please send us the paid towing receipt
• Include the storage receipt with storage dates clearly listed

These documents are essential to include these expenses in your claim.

Signing a Property Damage Release Form

Once a settlement is offered, the insurance company may ask you to sign a release.

IMPORTANT: Only sign a release that pertains solely to property damage.
Never sign a release that includes phrases like:

• “All claims”
• “Bodily injury”
• “General release”

Doing so could waive your right to pursue compensation for personal injuries. If you’re unsure, we’ll review the release form with you before you sign.

Why Choose Greenstein & Pittari?

• Seven Convenient offices
• No fee unless we win your case – Our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials speak for themselves
• We handle the insurance companies so you can focus on healing
• Top-Rated, Award-Winning Lawyers – Best Lawyers & Super Lawyers

Don’t Be a Victim Twice — Get the Legal Help You Deserve

• When both property damage and personal injury are involved, claims can become complex. At Greenstein & Pittari, LLP, we help accident victims across New York recover full and fair compensation.
• We’re here to protect your rights, handle difficult insurance companies, and ensure that you’re not left paying out of pocket.
• Call 1-800-VICTIM2 (1-800-842-8462) for a FREE consultation.
  You don’t pay unless we win—That’s Our Fee Guarantee.