Can I Settle My Car Repair Claim Before My Injury Claim?

After a car accident, you are suddenly dealing with two separate but related crises: your physical injuries and your damaged vehicle. Your car might be undrivable, and you need it fixed or replaced as soon as possible to get back to work and your daily life. At the same time, your medical treatment for your injuries might take many months or even longer.

This leads to a common and practical question: Do you have to wait until your medical treatment is finished to get your car repaired? Or can you settle the vehicle part of your claim separately?

The answer is a clear YES. Your property damage claim (for your car) and your bodily injury claim (for your injuries) are two distinct claims, and they can and should be resolved on completely different timelines. Settling your vehicle claim quickly has no negative impact on your right to pursue a full and fair settlement for your injuries later on.

Useful Information for You: In a Nutshell

• Yes, the Claims are Separate: Your property damage claim and your bodily injury claim are two separate components, even though they arise from the same accident.
• Settle the Car Claim Quickly: It is normal and advisable to resolve your vehicle claim as soon as possible so you can get your car repaired or replaced and get back on the road.
• Injury Claims Take Time: Your injury claim must remain open until you have completed all medical treatment and the full extent of your damages is known.
• Read the Release Form Carefully: When you settle the property damage claim, the insurance company will ask you to sign a release. It is absolutely critical that this release is for “property damage ONLY.”
• Never Sign a “Full and Final Release”: If you sign a release that settles all claims, you will forfeit your right to any compensation for your injuries. This is a critical distinction.

Why the Timelines are So Different

Property Damage Claims are Fast

The value of your vehicle damage is relatively straightforward to determine.

• The Process: An adjuster inspects the car, a body shop writes an estimate, and a value for the repair or replacement (in the case of a total loss) is established. This can all happen within a few days or weeks of the accident.
• The Goal: To get you back into a safe, repaired vehicle as quickly as possible.

Bodily Injury Claims are Slow

The true value of your injury claim, on the other hand, cannot be known for a long time.

• The Process: It requires you to complete all of your medical treatment, from the initial ER visit to the final physical therapy session. Your doctors need time to determine your long-term prognosis.
• The Goal: To ensure you are compensated for the full, long-term cost of your injuries, which is a process that can take many months or even years for a serious injury.

Because of these different timelines, it is standard practice to resolve the property damage claim first.

The Critical Document: The Release Form

When you agree on a settlement for your car repairs, the insurance company will send you a check and a legal document called a “Release.” This is where you must be extremely careful.

• Look for this language: The document should be clearly titled and should state that it is a release for “property damage ONLY.” This means you are only giving up your right to sue for more money for your vehicle damage.
• Watch out for this language: Be wary of any document with broad, all-encompassing language like a “Full and Final Release of All Claims.” If you sign this, you are giving up your right to pursue your injury claim as well.

Signing the wrong form is an irreversible mistake that can cost you your entire injury settlement.

What’s the Best Approach?

1. Work with the adjuster to get a fair valuation for your vehicle repairs or its actual cash value if it’s a total loss.
2. Once an agreement is reached, carefully review the release form they send you.
3. Confirm it is for “Property Damage Only” before you sign it and accept the check.
4. Continue to focus on your medical treatment, knowing that your separate bodily injury claim is still open and ongoing.

Navigating the different components of an insurance claim can be tricky, and the paperwork can be confusing. If you’ve been in a car accident in the Tacoma area and have been presented with a settlement release form, it is always a wise decision to have it reviewed by a professional. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who can ensure you don’t accidentally sign away your rights.

References

• Washington State Office of the Insurance Commissioner (OIC) – What to do if you have an accident:Official consumer guidance that explains the different parts of an insurance claim, including property damage and bodily injury.

  https://www.insurance.wa.gov/what-do-if-you-have-accident-and-need-file-claim

• NOLO – “Can I settle the property damage part of my car accident case separately?”:A reputable legal resource for consumers that confirms and explains the standard practice of settling property damage claims before personal injury claims.

  https://www.nolo.com/legal-encyclopedia/can-i-settle-the-property-damage-part-of-my-car-accident-case-separately.html