Property damage and the injury claim are separate

After a crash you have two different claims against the at-fault driver: one for the damage to your vehicle and other property, and one for your injuries. They run on separate tracks, on very different timelines, and one does not depend on the other.

It is general information, not legal advice.

Two claims, two timelines

The property damage claim is about a number that is fairly easy to establish: the cost to repair the vehicle, or its fair market value if it is a total loss, plus related costs. It usually resolves within a few weeks.

The injury claim cannot be valued until you have finished treatment or reached the point where your condition is stable, because until then no one knows the full extent of the injury. That takes months, sometimes longer. There is no reason to hold up the car repair while that plays out.

Resolving the property damage claim

• Repair. The insurer pays the reasonable cost to return the vehicle to its pre-crash condition, less any applicable deductible if you go through your own collision coverage.
• Total loss. If repair costs approach the vehicle's value, the insurer declares a total loss and owes the actual cash value — what it would cost to replace the vehicle with a comparable one — plus sales tax and title and registration fees. This figure is negotiable and is often supported with comparable local listings.
• Loss of use. A rental car, or the reasonable value of being without your vehicle, for the time a repair or replacement reasonably takes.
• Diminished value. Against the at-fault insurer, the loss in resale value that remains after a proper repair because the vehicle now carries an accident history.
• Personal property. Items damaged in the crash — a child seat that was in use should be replaced regardless of visible damage, electronics, tools, and the like.

Your insurer or theirs

If you carry collision coverage, using it is usually the fastest route: you pay your deductible, your insurer fixes the car, and then your insurer pursues the at-fault insurer for what it paid and for your deductible through subrogation. If fault is clear and you would rather not front the deductible, you can claim directly against the at-fault insurer, but that route stalls if the insurer disputes fault. A child safety seat used in the crash should be replaced either way.

Do not sign a global release for a property check

The one real trap here is the release. When the property damage insurer sends a settlement check, read what it asks you to sign. A release that says it settles "all claims arising from the accident" can wipe out your injury claim for the price of a car repair. A property damage settlement should be documented on a release that is expressly limited to property damage. If a release is broad, or you are not sure, have it reviewed before you sign or deposit the check.

More on releases: release forms.

Common questions

Do I have to wait for my injury claim to get my car fixed?

No. The property damage claim is separate and usually resolves in weeks. Settling it does not settle or reduce the injury claim, provided the release you sign is limited to property damage.

Should I use my own insurance or the other driver’s for the car?

Either can work. Your own collision coverage is usually faster; you pay the deductible and your insurer recovers it, and the deductible back, from the at-fault insurer. Going through the at-fault insurer avoids the deductible but can be slower if fault is disputed.

What is diminished value?

The difference between what your vehicle was worth before the crash and what it is worth after a proper repair, because it now has an accident history. It is a recognized item of property damage against the at-fault insurer, though not against your own insurer in most policies.

The adjuster sent one check and one release for everything. Is that normal?

Be careful. A release that covers "all claims" can extinguish the injury claim too. A property damage settlement should be on its own release that says property damage only. Have any broad release reviewed before signing.