Comprehensive Guide to Property Damage Claims in New Mexico Auto Accidents

When you’re in a car wreck, your first concern is usually your health. But very soon after, another pressing question comes up:

“What about my car?”

This guide walks you through everything you need to know about property damage claims after an auto accident in New Mexico. From rental cars and total loss payouts to storage fees, vehicle valuations, and who pays for what—this is your ultimate, plain-English reference. An Auto accident lawyer can help you navigate these challenges and protect your rights throughout the claims process.

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1. Who Pays for the Property Damage?

A. The At-Fault Driver’s Insurance (Liability Coverage)

If someone else caused the crash, their insurance is responsible for your property damage. New Mexico requires drivers to carry at least $10,000 in property damage liability coverage. Unfortunately, that’s often not enough to fully cover the damage to newer or higher-value vehicles.

Insurance is king in car accident cases, and insurers will investigate and confirm fault before paying. That can take time. If liability is clear and damages are under the policy limits, the at-fault driver’s insurance should pay to repair or replace your vehicle, cover reasonable storage and towing, and provide a rental (or pay loss of use if your car is totaled).  

B. Your Own Insurance (Collision Coverage)

If the other driver doesn’t have insurance or disputes liability, or you don’t want to wait for their insurer to finish investigating, you can use your own collision coverage (if you have it). This covers your vehicle regardless of fault, subject to your deductible. Your insurer will usually try to recover from the other party’s insurer later, including the amount of your deductible which you will be reimbursed for. 

C. Uninsured/Underinsured Motorist Property Damage (UMPD)

If the other driver has no insurance or not enough, and you don’t have collision coverage, UMPD may be available if it’s part of your policy. This is optional in New Mexico and not everyone carries it. If you do have it, it can cover damage to your car up to policy limits.

Tip: Check your policy declarations page or ask your agent to confirm if you have UMPD.

2. Can I Get a Rental Car?

A. When Your Car Is Repairable

If your vehicle is repairable after an accident, you may are entitled to a rental car during the repair period. The at-fault driver’s insurance company is generally responsible for providing a rental vehicle or reimbursing you for rental expenses incurred while your car is being repaired.

However, there can be delays in obtaining a rental car, especially if there are disputes regarding liability, pending police reports, or other factors that prolong the claims process. In such cases, you might need to cover the rental costs upfront and seek reimbursement once the insurance company accepts liability.

If you have rental reimbursement coverage as part of your own auto insurance policy, it can provide immediate assistance. This is often the best way to go. This coverage typically pays for a rental car up to a specified daily limit while your vehicle is being repaired due to a covered loss.

B. When Your Car Is a Total Loss

In New Mexico, if your vehicle is deemed a total loss, the at-fault driver’s insurance company is not obligated to provide you with a rental car. Instead, you are entitled to “loss of use” damages. This compensation reflects the reasonable value of the use of your vehicle from the time of the accident until you receive a settlement or replacement vehicle.

Loss of use damages are calculated based on the rental value of a similar vehicle for the period you are without your car. You do not need to actually rent a vehicle to claim these damages. It’s important to note that insurance companies may initially deny loss of use claims, but with proper documentation and, if necessary, legal assistance, you can pursue the compensation you’re entitled to.

C. Tips to Navigate Rental and Loss of Use Claims

• Document Everything: Keep records of all communications with insurance companies, rental agreements, and any expenses incurred.
• Understand Your Policy: Review your auto insurance policy to know what coverage you have regarding rental reimbursement and loss of use.
• Act Promptly: Notify the at-fault driver’s insurance company as soon as possible to initiate the claims process.
• Seek Legal Advice if Needed: If you encounter resistance or denial of your loss of use claim, consider consulting with an attorney experienced in New Mexico auto insurance laws.

Link to Jeremy video on rental cars. 

3. Is the Car a Total Loss?

A vehicle is declared a total loss when the cost of repairs exceeds a certain percentage of the car’s value—usually around 70–75% in New Mexico.

Example:

• Your car’s value: $10,000
• Estimated repairs: $8,000
• Result: Total loss

Insurers prefer not to repair cars close to the value threshold. Instead, they’ll issue a payment based on Actual Cash Value (ACV) and take the vehicle.

Note: If you want to keep the car, see section below on salvage retention.

4. How Does the Insurance Company Determine the Value of My Car?

Certainly. Here’s a fully revised and expanded version of the vehicle valuation section that mirrors the detailed, practical tone of the revised rental section. It reflects how insurance companies determine vehicle value, how to push back, and how it applies in total loss situations in New Mexico:

5. How Do Insurance Companies Determine the Value of My Vehicle?

When your vehicle is declared a total loss, the insurance company doesn’t base their payment on what you paid for the car or what you still owe on your loan. Instead, they pay the Actual Cash Value (ACV)—that is, what your car was worth just before the crash.

This is often the most disputed part of a property damage claim. Here’s how it works.

A. What Is Actual Cash Value (ACV)?

ACV represents the fair market value of your vehicle on the day of the accident, considering depreciation, mileage, condition, and the local market. It’s what a willing buyer would reasonably have paid for your vehicle just before the wreck.

ACV is not:

• Your loan payoff amount
• The original purchase price
• The cost to replace your vehicle with a new one

Instead, it’s an estimate of what your exact vehicle, in its actual condition, would have sold for in your region at the time of the loss.

B. How Insurers Determine the Value

Most insurance companies don’t create their own valuation. They hire third-party vendors like CCC One, Mitchell, or Autosource to generate a market report. These systems pull from various sources, including:

• Recent sales and listings for comparable vehicles in your area
• Local dealership pricing
• Auction results
• Online listings and classified ads

Then, they make adjustments to reflect your car’s:

• Mileage
• Mechanical condition
• Cosmetic condition
• Features (e.g., navigation, sunroof, leather seats)
• Prior accident history

It’s common for these reports to include 2–5 “comparable” vehicles with price adjustments to account for differences.

C. Common Pitfalls in Valuation

Insurance valuations often contain errors that lower your vehicle’s value unfairly:

• Wrong trim level or base model used
• Mileage listed inaccurately
• Missing optional features (e.g., backup camera, 4WD)
• Ignoring recent upgrades (e.g., new tires, engine work)
• Comparing vehicles that are far away or not truly similar

You have the right to request a full copy of the valuation report and review the comparables used. If you find mistakes or bad comps, you can challenge the valuation.

D. How to Dispute a Low Value

If you feel the offer is too low, you can challenge it. 

Here’s how:

1. Ask for the full market valuation report used by the insurer.
2. Search for your own comps using Autotrader, Facebook Marketplace, Craigslist, or dealer listings in your ZIP code.
3. Point out any upgrades or repairs recently made to your vehicle.
4. Hire an independent appraiser (optional, but useful for high-value or disputed vehicles).
5. Submit a written rebuttal with your own research and comps.

Even if the insurer doesn’t agree to your number, they may come up with a revised offer that’s closer to your vehicle’s true value.

Keep in mind, this sounds easier than it is!  These companies use sophisticated software, and your car has a clear market value (unlike your bodily injury damages).  Other than if they have the wrong information about make, model, mileage, or some other key aspect of the vehicle, it is hard to get the valuation increased.  But it is important to confirm they have all the right information. 

E. Real-World Example

Let’s say your 2017 Honda Accord with 85,000 miles is totaled. The insurance company offers $12,300 based on comparables. But you notice their report listed your car as the base model, even though yours is the EX-L with leather seats and premium audio.

You search online and find three listings for similar EX-L models, all selling for $14,000–$14,500 in your area. You send those to the adjuster, along with your vehicle’s purchase paperwork and maintenance records.

The insurer reviews the new information and increases their offer to $13,900—closer to your car’s real market value.

F. What If You Still Owe More Than the ACV?

If your car is financed and the loan balance is higher than the ACV (which is common, especially early in the loan), you’re still responsible for the difference—unless you have Gap insurance. Which leads me to our next topic…

6. What If You Owe More Than It’s Worth? (Gap Coverage)

If you’ve financed or leased your vehicle, there’s a chance you owe more than your car is worth at the time of the accident. This happens often with new cars, especially when you make a small down payment, finance over a long term, or your car depreciates faster than expected.

A. What Is Gap Insurance?

Gap insurance (short for "Guaranteed Asset Protection") covers the difference between what your car is worth (its Actual Cash Value) and what you still owe on your loan or lease.

Without it, you’re responsible for paying that difference out of pocket—even if someone else caused the wreck.

B. Example of a Gap Scenario:

• Loan balance: $24,000
• Actual Cash Value: $19,000
• Total loss payout: $19,000
• Gap insurance pays the $5,000 difference

Without Gap insurance, you’d still owe your lender $5,000 after the insurance settlement.

C. How to Know If You Have It

Gap insurance can be:

• Purchased through your auto insurer
• Included in your loan or lease paperwork from the dealership

Check your insurance declarations page or your financing agreement. If you’re unsure, contact your insurer or lender.

D. Special Notes for Leased Vehicles

Gap coverage is almost always included in lease agreements—but confirm this. If your leased vehicle is totaled, you don’t want to be left with a hefty balance because the ACV was lower than the lease payoff.

E. What If You Don’t Have Gap?

If you don’t have Gap insurance, and your vehicle is totaled with negative equity, you are legally obligated to pay the remaining balance of your loan. In some cases, lenders may allow you to roll that amount into a new loan, but this can create long-term financial strain.

7. Can You Keep Your Totaled Car?

Yes. This is called retaining the salvage. The insurance company will deduct the vehicle’s salvage value from your payout.

You’ll receive a salvage title, which can make registration, resale, and insurance more difficult later.

Example:

• ACV: $10,000
• Salvage value: $2,000
• Final payout: $8,000, and you keep the vehicle

Some people choose this route if they want to repair the car themselves or part it out.

8. Repair vs. Replace: Who Decides What Happens to Your Vehicle?

Once your vehicle has been inspected by the insurance adjuster, a determination must be made: should it be repaired, or is it a total loss? This decision is usually made by the insurance company based on financial considerations—but you’re not entirely without a say in the process. Before you speak with the adjuster, it’s helpful to review 5 tips for how to interact effectively with insurance adjusters after a car accident so you’re prepared to advocate for a fair outcome.

A. The Insurer’s Formula: Repair vs. Total Loss

Insurance companies use a cost-benefit formula to decide whether it’s worth repairing your vehicle. If the cost to repair the damage approaches a certain percentage of the vehicle’s Actual Cash Value (typically around 70%–75% in New Mexico), the insurer will likely declare the car a total loss.

Example:

• ACV of your car: $10,000
• Repair estimate: $7,500
• Result: Likely a total loss

If the repairs are well under that threshold, the vehicle will typically be repaired.

B. Do You Have a Say in the Decision?

If the insurer determines that the car should be totaled, but you strongly want to keep and repair it, you have a couple of options:

• Keep the vehicle and accept a reduced payout: You’ll receive the total loss settlement minus the vehicle’s salvage value.
• Negotiate: In some borderline cases, you can provide additional documentation showing that the repairs are lower than estimated or that the car has added value due to recent upgrades or custom features.

Just know that if you keep the car after it’s totaled, the title will likely be changed to a salvage or branded title, which can affect future resale value and insurance coverage.

C. Choosing Your Own Repair Shop

You have the right to choose your own repair shop under New Mexico law. Insurance companies may suggest preferred shops in their network, but you are not required to use them.

Here’s how this usually plays out:

• If you go with a preferred shop, the insurer may guarantee the repairs.
• If you go outside the network, the insurer may still pay for repairs, but may not guarantee the workmanship.

Tip: Choose a reputable shop that will advocate for proper repairs and communicate directly with the insurer.

D. What Kind of Parts Will Be Used?

This is a big concern for many clients. Insurance companies are generally allowed to use aftermarket or recycled parts if they are considered equivalent in quality.

If you want Original Equipment Manufacturer (OEM) parts, you may need to:

• Show that the part is critical to safety or performance
• Pay the difference in cost
• Have a policy that specifically includes OEM part coverage

Some insurers will approve OEM parts for newer vehicles or vehicles under warranty.

E. If You Disagree With the Repair Estimate

Sometimes the insurance estimate doesn’t match what your shop says it will cost to fix your car. Here’s what to do:

• Ask your shop to submit a supplement to the insurer showing the additional costs
• Provide photos, documentation, or a second opinion to support your position
• Keep a record of communication in case a dispute escalates

You are not required to accept a repair estimate that you believe is inadequate. You can challenge it—just be prepared to provide evidence. It is helpful to use the repair shop as an advocate for you. 

F. Hidden Damage and Supplements

It’s common for additional damage to be discovered after repairs begin—especially in cases of front-end or frame damage. This is why repair shops often submit a “supplement” to the insurer to cover the added work.

Don’t panic if the initial estimate was $4,000 and a supplement adds $1,500. That’s a normal part of the process. However, keep an eye on the repair cost total—if it gets too high, the insurer may reevaluate the total loss determination.

9. Diminished Value: When Your Car Is Worth Less After the Repairs

Just because your car is fixed doesn’t mean everything is back to normal. Even high-quality repairs can’t erase the fact that your vehicle now has a damage history—and that can hurt your resale or trade-in value. This difference in value is called diminished value.

In New Mexico, if you were not at fault for the crash, you may be entitled to recover for the loss in value of your repaired vehicle. But don’t expect the insurance company to bring this up. You often have to ask—and prove—it.

A. What Is Diminished Value?

Diminished value is the reduction in your vehicle’s market value after it's been in an accident and repaired.

Even if your car looks great and drives just fine, a history of collision damage on services like Carfax can make buyers wary. That translates into lower offers when you try to sell or trade it in.

There are generally three types of diminished value:

• Immediate diminished value – The difference in value immediately after the accident and before repairs (rarely used).
• Inherent diminished value – The most common type. This assumes repairs were done properly but acknowledges the car is worth less because of its accident history.
• Repair-related diminished value – This applies when repairs are subpar or not fully restore the vehicle to pre-accident condition.

B. Who Can File a Diminished Value Claim?

In New Mexico, you may qualify to file a diminished value claim if:

• You were not at fault in the accident
• Your car was repaired, not totaled
• Your vehicle is relatively newer, often within the last 5–7 years
• Your vehicle had little to no prior damage

If you were at fault, you typically cannot recover for diminished value from your own insurer unless your policy explicitly covers it (which is rare).

C. How Is Diminished Value Calculated?

There’s no one-size-fits-all formula, but insurers and appraisers often use methods such as:

• Starting with the vehicle’s pre-accident ACV
• Applying a cap (e.g., 10%–25% of ACV as max possible loss)
• Reducing that number based on severity of damage, mileage, prior accidents, and market factors

For example:

• Pre-accident value: $25,000
• Max possible diminished value (25%): $6,250
• Adjusted for age, mileage, damage severity: $2,800 final claim

The amount is negotiable, and each claim is different. High-end vehicles often have greater diminished value than older or economy cars.

D. How Do You Prove It?

To succeed with a diminished value claim, you’ll need evidence. Here’s what helps:

• A professional diminished value appraisal (from a licensed appraiser or body shop)
• Documentation of pre-accident condition (photos, maintenance records)
• Vehicle history reports (e.g., Carfax) showing the reported damage
• Comparables showing the lower value of similar accident-reported cars

Some clients also provide written offers from dealerships showing reduced trade-in value.

Tip: Many appraisers offer diminished value reports for a flat fee ($150–$400). This can be a worthwhile investment, especially for higher-value vehicles.

E. How to File the Claim

1. Contact the at-fault driver’s insurer and notify them you’re filing a diminished value claim.
2. Submit your appraisal report and supporting documentation.
3. Be prepared for negotiation. Insurers often lowball or deny these claims initially.
4. If denied or ignored, consider writing a formal demand letter or seeking legal representation.

F. Realistic Expectations

Diminished value claims aren’t automatic. In fact, they are very tough to get. You may have to fight for them, and insurance companies often resist paying. However, if your car is a newer model, was in great shape before the wreck, and now has a repair history, the diminished value could be significant—and worth pursuing.

10. What If the Other Driver Has No Insurance?

It’s a frustrating reality: many drivers in New Mexico either carry no insurance or don’t carry enough to fully cover the damage they cause. If you’re hit by one of them, recovering for your vehicle damage becomes more complicated—but not impossible. Knowing the types of damages you can recover in an auto accident settlement is key to understanding your options and protecting your financial interests.

Here are your main options if the at-fault driver is uninsured or underinsured:

A. Use Your Collision Coverage

If you have collision coverage, this is typically the easiest and fastest way to get your car repaired or paid out as a total loss.

• You’ll pay your deductible up front
• Your insurer will often seek reimbursement from the at-fault party (a process called subrogation)
• If they recover, you may get your deductible refunded

Tip: This is often the smoothest route, especially if the at-fault driver is uninsured and uncooperative.

B. File a Claim Under Your Uninsured Motorist Property Damage (UMPD) Coverage

UMPD is optional in New Mexico but incredibly useful if you have it. It covers vehicle damage caused by an uninsured driver. If you’re wondering, “What if I was in a car accident caused by an uninsured driver?” UMPD may be your best option. There’s typically no deductible (or a very small one), and it generally pays up to the same limit as your liability coverage.

Check your declarations page or call your agent to confirm whether UMPD is included in your policy.

Limitations:

• Not all policies offer UMPD; it’s not required
• The at-fault driver must be clearly uninsured for coverage to apply
• Some insurers require a police report to validate the claim

C. Sue the At-Fault Driver Personally

You can file a civil lawsuit against the at-fault driver to recover the cost of your damages. But this often isn’t practical.

Why? Because if they don’t have insurance, they likely don’t have assets or income that you can collect against. Even if you win in court, enforcing a judgment could prove impossible.

D. Consider a Small Claims Case (If the Damage Is Modest)

If your property damage is under the small claims court limit in New Mexico (currently $10,000), you can sue in small claims court without a lawyer. This can be a quicker and less expensive route—but again, collecting is often the problem.

E. Real-World Strategy

In most cases where the at-fault driver is uninsured:

1. First, see if your collision coverage applies
2. Next, check for UMPD coverage
3. Only then consider suing, and only if you believe the person has the ability to pay

Tip: Always report the accident to the police and get a report. It can make a big difference when proving the other driver had no insurance and when pursuing UMPD or civil claims.

11. Storage Fees: Who Pays and How to Avoid Excessive Charges

After an accident, your car might get towed to a body shop, tow yard, or impound lot. While it sits there waiting on inspection or decisions from the insurance company, daily storage fees begin to add up quickly.

Clients often don’t realize until it's too late that these charges can become their responsibility. Understanding how to handle storage fees can save you hundreds—or even thousands—of dollars. Disputes on storage fees are one of the biggest problems that arise in car accident claims!

A. Who Pays for Storage Fees?

Generally, the at-fault driver’s insurance (or your own, if you’re using collision coverage) is responsible for paying reasonable towing and storage charges for a reasonable amount of time.

What’s considered "reasonable" varies, but typically insurers will cover:

• Towing to the nearest safe location
• Storage while they inspect the vehicle and make a liability or repair decision

Once they make a decision—especially if they declare the vehicle a total loss—they often stop covering storage. After that, you could be on the hook for each additional day the car sits.

B. What Can Cause Delays?

• Waiting on a police report
• Disputed liability
• Delayed vehicle inspection or appraisal
• No communication from the insurance adjuster
• The car is inaccessible or located at a distant impound yard

Even if the delay isn’t your fault, the insurer may argue that you had a duty to mitigate the fees. That's why it’s important to act quickly.

C. Tips to Avoid Piling on Fees

1. Find out where your car is towed immediately after the accident.
2. Notify the responsible insurance company as soon as possible and give them access to the vehicle for inspection.
3. Ask when they plan to inspect and whether they’ve authorized release or storage payment.
4. Request direct payment to the tow/storage yard, if possible, to avoid paying out of pocket.
5. Move the vehicle to your home, a repair shop, or a less expensive location if the insurer won’t cover ongoing storage.

D. What Is the Daily Cost?

Storage fees usually cost about $15 per day, depending on the location. These charges can accumulate fast. 

E. Can You Be Reimbursed?

You may be reimbursed for storage fees if:

• The fees were necessary and reasonable
• You provided access to the vehicle promptly
• You didn’t delay inspection, removal, or authorization

Save all receipts and document the timeline. If the insurance company caused delays, you’ll want to be able to show it.

F. What If They Refuse to Pay?

If the insurer denies part or all of your storage fee reimbursement, you can:

• Ask them to explain in writing why the charges were denied
• Provide documentation that you acted reasonably
• Dispute the charges through a supervisor or with legal help

In some cases, you may have to pay the storage facility to release the vehicle and then seek reimbursement later. Try negotiating the fee with the yard—some will discount if you explain the delay wasn’t your fault.

12. How Long Does the Property Damage Process Take?

One of the most common (and frustrating) questions people ask after an accident is: “How long is this going to take?”

The answer? It depends. The property damage process can move quickly in simple cases—but delays are common, especially when liability is disputed, repairs are complex, or communication breaks down.

Here’s what to expect.

A. Typical Timeline for a Straightforward Case

1. Accident occurs
2. Claim reported (Day 0–1)
3. Vehicle inspected (Day 2–7)
4. Repair estimate or total loss determination (Day 5–10)
5. Rental car authorized (if applicable) (Day 2–10)
6. Repairs begin or total loss offer made (Day 7–14)
7. Final payment issued (Day 10–30)

This assumes that liability is clear, the insurance adjuster is responsive, and no parts or paperwork are delayed.

B. Common Reasons for Delays

• Disputed liability – If the insurance company believes you may be partially or fully at fault, they may delay approving repairs or payment until they finish investigating.
• Police report delay – Insurers often want the official crash report before making big decisions.
• Slow adjusters – Some adjusters are managing dozens of files at once. It’s not personal, but it can be maddening.
• Difficulty accessing the vehicle – If your car is in a tow yard or inaccessible area, it can delay inspection.
• Total loss complications – Determining value, confirming title, and processing a total loss settlement can take longer than a standard repair.
• Missing paperwork – Lienholder info, power of attorney forms, or release signatures can slow down payment.

C. How to Speed Things Up

1. Be proactive – Call the adjuster every few days and ask for updates. Email is even better for documentation.
2. Get your documents ready – Title, registration, loan payoff info, etc.
3. Grant access to the vehicle – Make sure the insurer can inspect it as soon as possible.
4. Be available to make decisions – Delays happen when clients disappear or wait too long to approve repairs or sign documents.

Tip: Keep a timeline or notes of all communication. If things stall, you’ll want to show that you did your part.

D. What’s Considered Too Long?

There’s no hard deadline under New Mexico law for how long an insurer has to resolve a property damage claim. However, insurers are expected to act in good faith and process claims within a “reasonable” time under the state’s Unfair Practices Act and Insurance Code.

If you feel the insurer is dragging things out without justification, you can:

• Ask to speak to a supervisor
• File a complaint with the New Mexico Office of Superintendent of Insurance
• Seek legal assistance if the delay is affecting your finances or your ability to use your vehicle

13. What If You're Partly at Fault?

Not all accidents are black and white. Sometimes more than one driver shares responsibility—and when that happens, New Mexico’s legal system uses a rule called pure comparative fault to determine how much each party should pay.

This rule affects not just injury claims but also property damage claims—including your right to recover money for vehicle repairs or a total loss.

A. What Is Pure Comparative Fault?

Under New Mexico law, your compensation is reduced by your percentage of fault. That means:

• If you’re 0% at fault, you recover 100% of your damages
• If you’re 30% at fault, you recover 70%
• If you’re 80% at fault, you still recover 20%

Even if you’re mostly to blame, you’re still entitled to recover something—just not the full amount.

B. How Is Fault Determined?

Fault is usually determined by the insurance companies involved, based on:

• Police reports
• Witness statements
• Photos of the damage
• Vehicle positioning and impact points
• Traffic laws

Disputes are common. One insurer might assign you 20% fault, while the other says it’s 50/50. You don’t have to accept their decision—you can negotiate or file a claim in court if needed.

C. Example of How Comparative Fault Affects a Property Damage Claim

Let’s say you’re involved in a crash and your vehicle sustains $10,000 in damage.

• The other driver’s insurer assigns you 25% fault.
• Your payout would be reduced by 25%, resulting in $7,500 instead of the full $10,000.

That reduction applies whether you’re claiming under their insurance or in a court case.

D. What If You Disagree with the Insurance Company’s Fault Assessment?

You can challenge it. Here’s how:

• Ask for the specific evidence they used to assign fault (e.g., police report, photos)
• Provide your own evidence (dash cam footage, witness statements, diagrams)
• File a complaint with the New Mexico Office of Superintendent of Insurance if negotiations stall
• Consider speaking with a personal injury or property damage attorney, especially if there are significant financial losses

Tip: You’re not required to accept a partial fault decision just because an adjuster said so. You have rights and options.

E. Can You Still Use Your Own Insurance if Fault Is Disputed?

Yes. If you have collision coverage, your insurer will typically handle your repairs or total loss and then go after the other party’s insurer for reimbursement. If they recover, you may get some or all of your deductible back.

This can be the fastest way to get your vehicle taken care of while the liability fight plays out.

14. Frequently Asked Questions (FAQs)

Q: Do I need multiple repair estimates?

A: Not unless the insurer requests them. One is usually enough.

Q: Can I recover towing costs?

A: Yes, if they’re reasonable and directly related to the accident.

Q: Can I fix the car before the insurer inspects it?

A: You shouldn’t. It can make it harder to prove your damages.

Q: What if the insurer lowballs the repair?

A: Get a second opinion. You don’t have to accept the insurer’s estimate.

Q: Can I use my own mechanic?

A: Yes, you’re not required to use the insurer’s preferred shop.

15. When Should I Talk to a Lawyer?

You may benefit from legal help if:

• Your total loss offer seems too low
• You’re getting the runaround from the adjuster
• You’re facing denied coverage or undervalued storage fees
• You’re injured in addition to your property damage

We handle these cases every day. Property damage issues can be frustrating and time-consuming. At The Injury and Disability Law Center, we’re here to make sure you’re treated fairly.

Contact us today for a free case review.

Final Thoughts

Your car matters. Whether it’s your daily driver, your kid’s ride to school, or a truck you use for work—when it’s damaged, your life is disrupted.

This guide is designed to give you the confidence and clarity to handle the property damage side of your accident claim. And if you need backup, we’re here to help.

Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you.  Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form. 

If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.