When another driver crashes into you, your car can suffer serious damage. Even if the other driver clearly caused the wreck, you might still wonder what happens to your car when the accident isn’t your fault? Many people feel frustrated when they find out that dealing with the other driver’s insurance company doesn’t always go smoothly. The rules about getting your car fixed or replaced can feel confusing, especially when you’re also dealing with medical appointments, missed work, or the stress of repairing your daily routine.
In Virginia, you have rights that protect you after a car accident. These rights extend not only to your personal injury claim but also to your property damage claim. Knowing how insurance companies decide whether to repair or replace your car, how rental coverage works, and what to do if your car loses value after repairs can give you more control. If you also suffered injuries, the property damage claim is only one part of what you may recover.
You don’t have to deal with this process on your own. A Richmond car accident lawyer near you can help you understand your rights, handle communication with the insurance company, and make sure you receive fair compensation. Allen & Allen offers free consultations so you can get answers without risk.
What is a property damage claim in Virginia?
When someone else causes a crash that damages your car, you typically file a property damage claim. This claim covers the costs of repairing or replacing your vehicle and sometimes other damaged items, like car seats, electronics, or personal belongings inside the car at the time of the accident, and it may also be the right time to get an attorney for a car accident.
The difference between property damage and personal injury
A property damage claim focuses only on your vehicle and personal property. It doesn’t cover your medical bills or pain and suffering. Those fall under a separate personal injury claim. Insurance companies often assign different adjusters to handle each type of claim. For example, one adjuster may work with you on repair costs while another reviews your medical treatment and lost wages.
Keeping these claims separate matters because a property damage claim may move faster than your injury claim. You might settle the property damage part quickly so you can get back on the road while your injury case takes longer to resolve.
The role of Virginia’s fault system
Virginia follows a “fault” system. That means the driver who caused the crash must pay for the harm they caused, including damage to another person’s car. In most cases, this payment comes from the at-fault driver’s liability insurance.
Virginia law places a duty on every driver to act responsibly. When a driver breaks that duty, such as by running a red light or following too closely, and causes a crash, they (and their insurer) are financially responsible. That responsibility includes both injury and property damage claims, which is why many people search to find the best car accident lawyer near me.
How does the insurance company determine if my car is a “total loss”?
After a crash, one of the first questions is whether your car will be fixed or declared a total loss. Insurance companies in Virginia make this decision by comparing the repair costs to your car’s value before the accident.
Total loss vs. repair
In Virginia, a car is considered a total loss when the repair costs equal or exceed 75 percent of the vehicle’s actual cash value. The actual cash value, or ACV, is the fair market price your car would have sold for just before the wreck.
For example, if your car was worth $10,000 before the crash, and repairs would cost $7,500 or more, the insurer may declare it a total loss. Instead of paying to fix it, they would offer you a settlement for the ACV.
Insurance companies use valuation tools, vehicle history reports, and sometimes local sales listings to decide what your car was worth. This calculation doesn’t always match what you believe your car was worth, which can lead to disputes.
Your rights in a total loss scenario
If your car is totaled, you have the right to receive fair market value for it. That means what a similar vehicle with the same age, mileage, and condition would sell for in your area.
If you believe the insurer undervalued your car, you can dispute their number. You may gather your own evidence, such as recent sales of comparable vehicles, maintenance records that show your car’s condition, or receipts for recent upgrades. A Richmond car accident lawyer can also challenge the insurance company’s figures to push for a higher settlement.
What if my car is repairable?
Sometimes the damage doesn’t total your car, and repairs make more sense financially. In this case, you still have rights in Virginia.
Your right to choose a repair shop
Insurance companies often recommend or pressure you to use one of their “preferred” repair shops. These shops may work closely with the insurer, which can sometimes raise concerns about shortcuts or lower-quality parts. In Virginia, you don’t have to go along with that. You can take your vehicle to any repair shop you trust. The insurer still has to pay for reasonable repairs, even if you select a shop outside their network, and knowing what to do after a car accident can help you protect both your rights and your vehicle.
For example, you might have a local mechanic who’s worked on your car for years and knows its condition better than anyone. You have the right to stick with them rather than rely on the insurance company’s choice.
Diminished value claims
Even after repairs, your car may lose resale value simply because it’s been in a crash. Buyers often pay less for a car that shows up on a vehicle history report as having accident damage, no matter how well it was repaired. This loss in resale value is called “diminished value.”
Virginia law allows you to pursue compensation for diminished value from the at-fault driver’s insurer. Proving it usually involves comparing your car’s worth before the crash to its value after repairs, often with the help of professional appraisals.
Do I get a rental car?
When your main car is out of commission, you may need a rental vehicle to get to work, school, or appointments. Virginia law provides some protections here.
Rental car rights in Virginia
If the at-fault driver’s insurance company accepts responsibility, they should provide you with a rental car comparable to your own vehicle while yours is being repaired or until you receive payment for a total loss.
For example, if you drove a mid-size sedan, the insurer should not force you to drive a compact car that doesn’t meet your family’s needs. If you carry rental coverage on your own policy, you may use it and later seek reimbursement from the at-fault insurer.
Handling rental car delays
Sometimes, insurance companies drag their feet when approving repairs or setting up rental cars. During these delays, you may feel stuck. An attorney can step in to pressure the insurance company, making sure you don’t end up paying out-of-pocket for something the at-fault driver should cover.
How our attorneys can help
Dealing with an insurance company after a wreck often feels like you’re fighting an uphill battle. Adjusters are trained to limit payouts, and many people don’t realize they have options when the insurer delays, undervalues, or denies a property damage claim. Our attorneys step in to level the field and protect your rights, showing you how to deal with your car damage after an accident effectively.
Managing communications with insurance companies
Insurance adjusters often ask questions in ways that can weaken your claim. When we represent you, we handle all those communications. That means you don’t have to worry about saying the wrong thing or dealing with endless calls and paperwork. We push the insurance company to keep the process moving and prevent them from stalling.
Maximizing your property damage claim
We don’t just accept the insurer’s numbers at face value. Our team reviews the accident, gathers repair estimates, and collects evidence showing your vehicle’s condition and value before the crash. We also examine whether you’re entitled to a diminished value claim. This thorough approach helps make sure you recover not just the cost of repairs but the true financial impact of the accident.
Handling uninsured drivers
Not every driver on Virginia roads carries proper insurance, even though they’re supposed to. If the at-fault driver doesn’t have coverage, we help you file a claim through your own uninsured motorist (UM) policy. Many drivers don’t realize this option exists, but it can make the difference between getting stuck with the bill and recovering the money you need to repair or replace your car.
Why choose Allen & Allen?
For more than a century, Allen & Allen has stood by Virginians after car accidents. Since 1910, our firm has been guided by integrity, respect, compassion, and trust. These values shape everything we do, from how we treat our clients to how we fight insurance companies.
We commit to more than simply providing legal representation. We commit to making your fight our fight. That means holding insurance companies accountable, ensuring you are treated fairly, and pushing for justice on your behalf.
When you walk through our doors, you’ll see the difference. We take the time to listen, explain your options, and support you every step of the way. That’s what we mean when we say, “I am an Allen.”
Frequently asked questions about what happens to your car after an accident that’s not your fault
How long do I have to file a property damage claim in Virginia?
Virginia law gives you five years from the date of the accident to file a property damage lawsuit. Insurance companies usually expect notice much sooner, though, so don’t wait to report your claim. Acting quickly also helps preserve evidence about your car’s condition and value.
For personal injury claims, you have two years from the date of the accident to file a claim. Again, you need to act quickly so your attorney can gather evidence and establish liability.
If you miss any deadlines regarding your claim, you will be prevented from receiving any compensation at all.
What should I do at the accident scene?
Stay calm and safe first. Call the police to create a crash report. Exchange information with the other driver, take photos of both vehicles, and note any witnesses. Even small details, like skid marks or debris, can support your claim later. If your car seat was in the car, keep it as evidence even if it looks fine. Insurance companies often cover replacements for safety reasons.
What if the at-fault driver’s insurance company denies my claim?
Sometimes, insurers try to dodge responsibility, even when the other driver clearly caused the crash. If this happens, a Richmond car accident lawyer can push back by showing evidence from the police report, witness statements, or even accident reconstruction. The denial usually reflects the insurer’s attempt to save money, not a true dispute about fault.
Should I get a second estimate for repairs?
Yes. Getting multiple estimates gives you more proof if the insurance company lowballs the repair costs. Many shops will provide written estimates at no charge. If the estimates vary widely, you’ll have stronger ground to question the insurer’s preferred shop.
Will my insurance premiums go up if I file a property damage claim?
If the accident wasn’t your fault, your premiums generally shouldn’t increase when you file against the at-fault driver’s insurance. If you use your own insurance first, such as through collision coverage, you may need to watch for changes at renewal time. However, insurers often raise rates only when you caused the crash.
Contact our Virginia car accident attorneys now
Car accident claims move on strict timelines, and evidence about your vehicle’s condition can disappear quickly. The sooner you act, the better your chance to recover full compensation for your property damage.
Allen & Allen fights for clients not just in court but also in every conversation with insurance companies. If you’re dealing with car damage after an accident that wasn’t your fault, don’t handle it alone. Contact us today for a free consultation. Let us take the burden off your shoulders and make sure you receive the fair treatment you deserve.
