Injury Vs Property Damage

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When you have a car accident serious enough to injure you, your car probably has damage, too. Personal injury claims (claims for physical injuries) and property damage claims (claims for the damage to your vehicle) are handled separately under the law.

A car accident lawyer at Nurenberg, Paris, Heller & McCarthy can help you with your personal injury claim, but typically, your property damage claim can be handled without the help of an attorney.

What’s Covered in Personal Injury Claims?

If you’re injured in an auto accident, your lawyer may seek damages—or compensation—for your:

• Current and future medical expenses
• Lost wages
• Pain and suffering
• Permanent injuries or scarring

Your insurance policy may cover some of these damages. As your car accident lawyers, it’s our job to hold the at-fault party—or responsible driver—accountable for the injuries you sustained. Without a lawyer on your side, you may not receive the full amount of compensation you’re owed.

Property Damage Claims

Property damage claims are designed to cover the cost of damage to your vehicle or personal property. Damages sought in property damage claims typically include:

• Repairs to or replacing your car
• Towing expenses if your car can’t be driven
• Rental car expenses while your car is being repaired or replaced
• Damage to personal items inside the car
• Damage to other property caused by the accident

In most cases, the at-fault party is responsible for covering the costs associated with your property damage claim. If that driver doesn’t have insurance or doesn’t have enough insurance to cover the cost of your damages, your own insurance may have to cover these costs.

Differences Between Personal Injury and Property Damage Claims

While personal injury and property damage claims stem from the same incident, they are handled separately under the law, require distinct forms of documentation, and adhere to different timelines.

Thankfully, this also means that you don’t have to accept the first settlement offer for your injuries simply because you need your car back quickly.

Legal Process

Personal injury and property damage claims are treated separately because they involve different types of harm and compensation. Personal injury claims focus on the physical and emotional toll of an accident and cover damages like medical bills, lost wages, and pain and suffering. These claims often require legal expertise to prove the at-fault party’s negligence.

On the other hand, property damage claims deal strictly with financial losses related to the repair or replacement of damaged property, such as your vehicle or personal items inside it. Since these claims are more straightforward, they are often resolved directly with the at-fault party’s insurance company. In accidents that result in only property damage and no injuries, a lawyer may not be necessary.

Documentation Requirements

The evidence needed for each type of claim can vary depending on the circumstances of the accident. For personal injury claims, documentation typically includes medical records, doctor’s notes, prescriptions, and proof of lost income to demonstrate the extent of your injuries and their financial impact.

For property damage claims, you’ll need repair estimates, photos of the damage, towing and rental car receipts, and any other costs directly related to the damage. Keeping detailed records for both claims will help ensure you receive the compensation you deserve.

Statute of Limitations

Ohio law imposes similar deadlines for filing personal injury and property damage claims. For personal injury claims, the statute of limitations is generally two years from the date of the accident.

Property damage claims also have a two-year limit, but it’s important to verify the exact deadlines with an attorney, as specific circumstances could affect these timeframes. Missing these deadlines can result in losing your right to pursue compensation.

Understanding Ohio’s At-Fault System

Ohio operates under an at-fault insurance system, which directly affects how compensation is determined for personal injury and property damage claims after a car accident.

How Fault Is Determined

In Ohio’s at-fault system, the party responsible for causing the accident is financially liable for the resulting damages. Fault is determined based on evidence such as police reports, witness statements, traffic laws, and any available video footage. The at-fault driver’s insurance company typically covers the costs of both personal injury and property damage claims, up to the limits of their policy.

For personal injury claims, proving fault often requires demonstrating that the other driver acted negligently—whether through reckless driving, distraction, or another violation of traffic laws.

Comparative Negligence

Ohio follows a comparative negligence rule, meaning that if you are found partially at fault for the accident, your compensation may be reduced proportionately. For example, if you are deemed 20% at fault for a crash, your total compensation for injuries and property damage will be reduced by 20%.

However, Ohio’s laws also stipulate that you cannot recover compensation if you are found to be more than 50% at fault for the accident. This rule applies to both personal injury and property damage claims, making it critical to build a strong case that minimizes your assigned level of fault.

What to Do in the Weeks and Months After an Accident

The steps you take in the weeks and months following a car accident are just as important as the actions taken immediately after the crash. Properly managing your case during this time can protect your right to compensation for both property damage and personal injuries.

Follow Through With Medical Care

If you’ve been injured, make sure you attend all follow-up medical appointments and adhere to your doctor’s treatment plan. This helps demonstrate the seriousness of your injuries and establishes a clear timeline for your recovery. Skipping appointments or discontinuing treatment prematurely can hurt your personal injury claim, as insurers may argue that your injuries weren’t as severe as claimed.

Keep Detailed Records

Document every expense and impact on your life caused by the accident. Maintain records of medical bills, repair invoices, rental car receipts, and any lost wages due to time off work. For personal injuries, keep a journal to track your physical pain, emotional distress, and how your injuries affect your daily life. These records provide powerful evidence when negotiating with insurers or presenting your case in court.

Avoid Discussing the Accident Publicly

Refrain from discussing the accident on social media or with anyone other than your attorney and trusted individuals. Insurers often scrutinize claimants’ social media activity to find statements or photos they can use to minimize or deny claims. Stick to discussing your case only in a professional and controlled manner.

Stay in Contact With Your Attorney

Having legal representation ensures you are following the proper steps to protect your rights. Your attorney will handle all communication with insurers, gather additional evidence if needed, and guide you through the legal process. Keep your attorney informed of any updates related to your injuries or property damage to ensure they have the most accurate information.

Get Help if You Need It

Nurenberg, Paris, Heller & McCarthy has years of experience helping people get the compensation they deserve after being injured in a car accident. We can help you through this process so you can focus on recovering. Contact us today to get started.

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