Settling The Property Damage Claim

One of the first decisions you will have to make after a Nebraska car accident is how to settle your property damage claim.  The first thing that has to happen is that the insurance company for the bad drive must accept responsibility or liability for your claim. This usually occurs within a week or so after the accident.

If the insurance company for the bad driver delays in making a decision or refuses to pay, you can take your property damage claim to your own insurance company if you have collision coverage.  Once your own insurance company pays, it will get it’s money back from the insurance company for the negligent driver.

One thing you must determine is whether or not your vehicle was totalled.  In every case, you should get at least one estimate from a reputable body shop.  That may help you determine whether or not your car has been totalled.

If the cost to repair the vehicle is lower than the fair market or blue book value, the insurance company will pay for the repairs to your car.  While your car is in the shop, the opposing insurance company should provide you with a rental car.

On the other hand, if the cost to repair is higher than the fair market or blue book value, then your car is considered totalled and you collect the fair market or blue book value.  In order to determine the value of your car, the best place to look is the National Automobile Dealers Association (NADA) blue book.  You can find this information at the NADA website at

If your car is totalled, after you buy a new car, the insurance company for the bad driver will pay for your sales tax and licensing fees when you buy a new car.

One thing to keep in mind is that under Nebraska law, the insurance company isn’t required to pay the replacement value or cost of your new car.   Unfortunately, that isn’t a factor.  Instead, the insurance company must pay the value of your car just before it got totalled.

I normally don’t charge a fee to help you with your property damage claim.  Normally, I give my client some tips on how to handle the property damage claim and let them resolve it themselves.  I’m always available for consultations during the process.  I only charge a fee if the claim is denied in it’s entirety and we have to go into court to fight about the fault issues.

If you are injured in a car accident in Nebraska, please feel free to call me at 1-888-402-4878 (HURT.)  The first phone call is free and all fees are based upon a percentage of recovery.  No up front money is required when you hire me.

Crawford Law Offices

135 Lakewood Dr
Lincoln, NE 68510
(402) 466-3040
Toll Free:
(888) 402-HURT
(402) 466-3055

Our Office


The material contained on this website has been prepared by Crawford Law Offices for informational purposes. The information is not intended to be and should not be considered legal advice. Use of this website does not create an attorney-client relationship between users of this site and any other party whatsoever.