Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

After an accident, dealing with auto damage can be pretty stressful. One moment, you’re going about your day, and the next, you’re without a vehicle and unsure what to do next. A property damage claim helps you recover the costs to repair or replace your car, get a rental, and cover other related losses.

Understanding how this process works is key. From reporting the accident to handling insurance and getting fair compensation, each step matters. This guide explains how to manage a property damage claim after a car accident in Oklahoma—so you know what to expect and how to protect your rights.

What Is a Property Damage Claim?

A property damage claim covers losses to your vehicle and any personal items damaged inside it. This is different from a personal injury claim, which deals with physical injuries to people.

A property damage claim and a personal injury claim are separate matters… Property damage covers vehicle repairs, rental costs, and damaged personal items.

In Oklahoma, these claims can include:

  • Vehicle repair or replacement costs
  • Rental car expenses
  • Loss of use while your car is in the shop
  • Damage to personal items like a phone, child seat, or laptop

Whether you’re dealing with your insurer or the other driver’s insurance company, knowing how to file a claim correctly helps avoid delays or denied coverage.

Step-by-Step Claim Process

After an accident, call the police and gather details like photos, witness info, and insurance from all drivers. Contact your insurer right away. If you have full coverage, they’ll arrange an inspection. If you’re not at fault and lack collision coverage, file with the other driver’s insurer—but avoid giving detailed statements without legal advice. You can choose your repair shop, and if more damage is found later, the shop can request a supplement from the insurer.

Rental Car and Loss-of-Use Reimbursement

Many people rely on their vehicles to get to work, school, or care for family. If you’re without a car due to the accident, rental coverage or loss-of-use compensation may help fill the gap.

Your insurance policy might offer rental reimbursement if you purchased that option. If the other driver is at fault, their insurer may be responsible for covering your rental vehicle costs.

Insurance adjusters may undervalue your property or deny parts of your claim. Get a second repair estimate.

Loss-of-use means the insurer pays you a daily amount for each day your vehicle is inoperable—even if you don’t rent a car. To avoid delays, be sure to save all receipts and stay in touch with both the repair shop and insurance adjuster.

Total Loss Settlement Process

If the cost to repair your vehicle is close to or exceeds its market value, the insurer may declare it a total loss. In that case, you’ll receive a payout for your car’s actual cash value minus any deductible if using your policy.

Every vehicle that experiences an accident suffers a certain amount of Inherent Diminished Value—even if repaired.

The insurer will use valuation tools like Kelley Blue Book or NADA Guides to determine your car’s worth before the crash. You can look up similar listings on sites like AutoTrader to verify the estimate.

If your car was financed or leased, check if you have GAP insurance. This covers the difference between the insurance payout and the remaining loan balance, which can be significant if your car depreciates quickly.

Claim Process Comparison Table

Claim Stage

Who Handles ItWhat You Control

Timeline / Key Deadline

Initial AppraisalInsurer or shop appraiserChoose body shop, document damage~1–2 weeks
Supplemental RepairsRepair shop + insurer adjusterRequest supplementary estimateAs needed
Total Loss ValuationInsurer (KBB/NADA valuation)Provide comparable listings & receipts~2–3 weeks
Rental / Loss of UseInsurer adjustsSubmit rental receipts earlyThroughout repair
Diminished Value ClaimThird-party insurerHire appraiser, submit claimVaries by case

Diminished Value Claims

Even if your car is repaired, its resale value may drop because it now has an accident history. This loss is known as diminished value. You may be able to recover this loss if:

  • Your vehicle is less than five years old
  • The accident caused significant damage
  • The vehicle was repaired

Diminished value claims are usually made against the at-fault driver’s insurance company, not your own. Oklahoma allows these types of third-party claims.

In most states, you can file a diminished-value claim against the at-fault driver using the 17c formula.

Hiring an independent appraiser can help determine the extent of the diminished value. Be sure to make this claim before the statute of limitations (typically two years in Oklahoma) runs out.

What to Do If Your Claim Is Denied or Underpai

Insurance companies sometimes undervalue repair estimates, deny rental coverage, or suggest damage existed before the accident. If you believe your claim is being mishandled, don’t hesitate to challenge it.

You can get a second repair estimate from another shop. If needed, provide documentation like receipts, comparable vehicle listings, and photos to support your side.

If the insurer still refuses to pay what’s fair, you may need to consult an attorney. Legal guidance can protect your rights and help move the process forward in cases involving severe damage, disputes over fault, or coordination with multiple insurers.

FAQs

Can I choose my repair shop?

Yes. You can select any repair shop, even if the insurance company suggests one. You are not required to use their preferred vendors.

What if insurance denies my rental car?

If you have rental coverage or the other driver is at fault, the insurer should provide a rental or compensate you. If denied, you can dispute it with documentation.

What is “actual cash value”?

It’s the fair market value of your vehicle just before the accident, factoring in depreciation, mileage, and condition. Insurers use standard tools to determine this value.

How do I know if my car is totaled?

If the repair cost approaches 70–75% of your car’s value, the insurer may declare it a total loss. Instead of fixing it, they will pay you the actual cash value.

What’s a diminished value claim?

It’s a claim for the drop in your car’s value even after it’s fully repaired. You may qualify if the damage was significant and the car is relatively new.

When should I hire a lawyer?

If your claim is delayed, denied, or underpaid—or if the fault is unclear—it’s smart to speak with a lawyer. They can guide you and deal with the insurance company directly.

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Conclusion

Getting your vehicle repaired or replaced after a crash doesn’t have to be overwhelming. Know your rights under your insurance policy, keep good records, and don’t be afraid to ask questions. Whether you’re facing a denied claim, rental delays, or uncertain value assessments, you have options.

Suppose you’re dealing with a property damage claim after a car accident in Tulsa. Graves McLain Injury Lawyers can help you understand the process and protect your interests every step of the way.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

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