Law & Why Can’t I Find An Attorney To Handle My Property Damage Case?

Spring Hill Car Accident Attorney Discusses Property Damage Representation

I often get asked by folks if I will represent them to help them deal with the insurance company after a car accident, not for an injury, but with getting their vehicle repaired or with getting enough money to cover what they owe (Side note – get gap insurance!). Sometimes these same people have another attorney for their personal injury case but that attorney will not assist with the property damage. They usually have a car about to be totaled but the amount they are being offered does not cover what they have left on their loan. So why is it difficult to find an attorney to handle your non-injury property damage case?

At our firm, we have a policy that we will help with our injury client’s property damage claim without additional charge. What we strive to do is to get our clients back into their vehicle as quickly as possible as we find that is often the major, immediate stressor. The sooner the car is taken care of, repaired or replaced, the sooner our client gets back to work and can make all the necessary doctor appointments. The goal of our firm is to minimize the inconvenience of being without a car after a serious accident.

For those who are not injured or choose a personal injury attorney that does not help with the property damage, the reason they cannot find someone to help is simple – there is no money in the property damage claim for the attorney. If the attorney was to charge their hourly fee, it would often not make economic sense from a cost/benefit analysis. Furthermore, most clients would not want to be paying these fees in advance anyway. In the same way, a contingency fee (a third of the settlement) does not make sense when it comes to property damage. The numbers just are not there so personal injury attorneys, if they handle it at all, will only do so as a part of the overall injury claim (and then only if the injury claim is large enough).

So, what can you do?

The first thing is that you can file a claim for the property damage against your own insurance company. Sometimes people do not like this option because they may have a deductible to pay (which you may eventually get back) or they have a fear that their insurance premiums will go up as a result. 

Another option is making a claim against the at-fault parties insurance company. This may avoid the paying of a deductible or raised rates but expect the process to be slower. The other insurance company has little incentive to make you happy but will make you jump through some hoops – recorded statements, multiple estimates, and a visit from their field adjustor. One of the biggest concerns is that they will insist on “fixing” a vehicle that should be totaled. They will be looking for the cheapest option.

If the other driver does not have insurance, you could look at a civil suit but that may be lengthy, complicated, and unwanted stress. You are also not guaranteed to win. If you are victorious, you end up with a judgment, not the cash to repair or replace your vehicle. If someone could not afford insurance in the first place, what are the chances they will have the assets for you to pursue?

In circling back to why you cannot find an attorney to handle your property damage claim – it is a lot of extra work for the attorney and the staff, it is a huge headache, and there is no money in it. This is why it is important that before you sign with a personal injury attorney, you make sure their representation also covers the property damage. Even though well-intended and wanting to help, many attorneys will not want to deal with you, the insurance company, and your broken car.

Here at the Law Firm of Brian S Brijbag, we will assist all our personal injury clients with their property damage claim. We will help you get a fair offer to repair or replace your vehicle. You were already a victim of the accident, why should you now become a victim of the insurance process? Let us fight for you!

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