When you’ve been injured in an accident, your immediate concern may be medical care and recovery. However, another major part of a personal injury case involves property damage—the costs of repairing or replacing the things you lost because of someone else’s negligence. That’s why the Las Vegas personal injury lawyers at ER Injury Attorneys are here with the info you need on how property damage fits into personal injury claims.
What Counts as Property Damage?
Property damage most often refers to the harm done to your vehicle after a car accident. But it doesn’t stop there. In a personal injury claim, you may be entitled to compensation for any personal property damaged or destroyed in the incident, including:
- Your Vehicle: The most common form of property damage. Accidents can cause anything from dents and scratches to a complete “total loss.”
- Personal Items Inside the Vehicle: Phones, laptops, children’s car seats, luggage, or other valuables that were damaged in the crash.
- Other Property: Injuries don’t always happen behind the wheel. A slip and fall accident might damage a watch, jewelry, or other items. A dog attack could leave clothing or accessories torn.
Recognizing all categories of property damage ensures you don’t leave money on the table during settlement negotiations.
How Do Insurance Companies Calculate Damage?
The law aims to make you “whole” again—that is, to put you back in the financial position you were in before the accident. Property damage calculations generally fall into the following categories:
1. Repair Costs
If your property can be repaired, compensation is based on the cost of fixing it. Insurance companies usually send an adjuster to estimate these costs. Keep in mind: adjusters may suggest cheaper, aftermarket parts to save money. Getting independent estimates can help ensure your vehicle is repaired with proper, quality parts.
2. Replacement Value (Total Loss)
When repairs cost more than the item’s value, your property may be declared a “total loss.” In these cases, you’re typically compensated for the fair market value right before the accident. For vehicles, this value depends on factors like age, mileage, condition, and comparable market prices. Tools such as Kelley Blue Book or NADA Guides can help establish this value.
3. Diminished Value
Even if a vehicle is fully repaired, it often loses resale value simply because it has a crash history. A diminished value claim allows you to recover for that drop in market value, which can be thousands of dollars for newer vehicles.
4. Related Expenses
Property damage claims also extend to out-of-pocket costs that arise while your property is being repaired or replaced. This may include rental car expenses, rideshare or taxi fees, or replacement of essential items like car seats.
Property Damage vs. Personal Injury Claims
It’s important to understand that property damage claims are usually handled separately—and often resolved faster—than the claims for your physical and emotional injuries.
Your overall personal injury claim typically includes two categories of damages:
- Economic Damages: Easily quantifiable losses, including property damage, medical expenses, and lost wages.
- Non-Economic Damages: Harder-to-measure impacts such as pain and suffering, emotional distress, or loss of enjoyment of life.
Property damage counts as an economic loss. But it can also affect the multiplier method sometimes used in negotiations. For example, insurance companies or attorneys may take your total economic damages (property damage, medical bills, lost wages) and multiply them by a number—often between 1.5 and 5—depending on the severity of your injuries. In this way, property damage indirectly influences the size of your overall settlement.
Contact a Trusted Las Vegas Injury Lawyer Today
The Las Vegas injury lawyers at ER Injury Attorneys are here with the information you need on how property damage is calculated in personal injury claims. We’re also here for you if you’re dealing with property damage someone else caused. Our dedicated team of Nevada injury attorneys is ready to help with the claim process and get you the compensation you deserve.
ER Injury Attorneys is available to assist you 24 hours a day, 7 days a week. You can reach us right now by dialing 702-878-7878 or online through LiveChat. You can also fill out this contact form.
ER Injury Attorneys represents accident victims throughout Southern Nevada, including Henderson, Summerlin, Pahrump, Boulder City, Laughlin, and beyond. Get in touch with us today to get the legal advocacy you need.