If your car was damaged in a Georgia accident, you may be dealing with repairs, rental cars, insurance adjusters or even a total loss claim.
This guide explains how property damage claims work in Georgia, what the insurance company should pay, and what to do if your claim is delayed, denied, or undervalued.
Most property damage claims can be handled without a lawyer. However, certain situations come up where legal help can make a significant difference. If your accident also caused injuries, you can learn more about your options on our Athens car accident lawyer page.
If you’re dealing with a delayed claim, a low total loss offer, or a dispute with the insurance company, contact us for a free consultation. There are no fees unless we win.
Who pays for damage to my car after an accident in Georgia?
In most cases, the at-fault driver’s insurance is responsible for paying to repair your car or pay its fair market value if it is totaled.
Can I negotiate a total loss offer?
Yes. The insurance company’s first offer is usually not its best offer. You can negotiate by providing comparable vehicles and supporting documentation.
Do I have to accept the insurance company’s valuation?
No. You can challenge the valuation and ask for more if you believe the offer does not reflect your car’s fair market value.
How to Deal With Insurance Adjusters After a Georgia Car Accident
Insurance adjusters handle claims every day and are trained to control costs. Understanding how the process works can help you avoid common mistakes and delays.
- Be an advocate for yourself. Don’t be afraid to ask for more compensation for your car or more days with the rental car. The worst the insurance company can say is no.
- Follow up consistently. Delays are common in property damage claims, and polite persistence often moves the process forward.
- If you don’t hear back from the insurance adjuster in a timely manner, call them again to follow up. If you continue to not hear back from the adjuster, call the general claims phone number and ask to speak to a manager or supervisor
- Make a written note of who you talked with and what you discussed. It will help you remember what to do and if there’s an issue later you’ll have a record of it.
- Keep in mind that conversations with the insurance company are often recorded, so be thoughtful and accurate in what you say
If you’re getting the runaround, delays, or inconsistent answers from the insurance company, it may be a sign that additional help is needed.
What to Do After Your Car Is Damaged in a Georgia Accident
Report the Claim to the At-Fault Driver’s Insurance
- You should have the other driver’s insurance information from the police officer or the police report. If you don’t, you can buy the police report on www.buycrash.com.
- Look up the insurance company’s claims phone number. Call it and tell them you would like to report a claim involving their insured driver. They will give you a claim number and may give you the name and number of the claims adjuster. Write that down.
- Ask them to start the process of inspecting your car and getting you a rental car. Just say “I’d like to start the process of getting my car repaired and getting a rental car. What do we need to do to make that happen?”
Notify Your Own Insurance Company
- You also need to contact your own insurance company to let them know you’ve been in an accident.
- You need to do this even if the other driver’s insurance is going to repair your car because your insurance policy requires you to notify it of accidents. If you don’t notify them and something happens with the other driver’s insurance, your insurance company may deny your claim.
- Call your insurance agent or your insurance company’s claims line. Tell them you’ve been in an accident, it wasn’t your fault and that you just wanted to report it. Your insurance company will give you a claim number and may give you the name and number of the claims adjuster. Write that down.
Should You Use Your Insurance or the At-Fault Driver’s?
- In most cases, you can pursue a claim through the at-fault driver’s insurance, but using your own coverage may be faster in some situations.
- Most of the time, the other driver’s insurance will accept responsibility for the accident and take care of repairing your car and getting you a rental car in a timely manner.
- But if they don’t, your options are to wait for them or go through your own insurance. Many people don’t want to make a claim on their own policy because they’re worried it will make their rates go up and that’s a fair concern.
- If the other driver’s insurance denies the claim, you’ll definitely need to go through your insurance company.
How to Get a Rental Car After a Georgia Car Accident
- Delays in providing a rental car are one of the most common complaints in property damage claims.
- Ask the insurance adjuster for a rental car. Say “can we start the process of getting me a rental car?”
- Usually they will send you to a rental car company they have a partnership with and they will handle paying for it.
- The insurance company should pay for a rental car until your car is repaired or, if your car is totaled, they pay you for your car. If you need the rental car for a couple more days, tell the adjuster why and ask.
- Sometimes there’s a delay in getting you a rental car and you may have to pay for your own while you wait for the insurance company to get you one. Ask the other driver’s insurance to reimburse you. However, they may not pay 100% of your costs because you didn’t go through their partner rental car company.
What is the insurance company required to pay for my car?
- In Georgia, the at-fault driver’s insurance is generally responsible for repairing your car or paying its fair market value if it is totaled.
Can You Choose Your Own Body Shop in Georgia?
- Insurance companies often want you to take your car to their “preferred” or “partner” repair shop
- Georgia law gives you the right to choose where you want to have your car repaired and the insurance company cannot deny your claim because of that
- However, the insurance company is only going to pay for the amount that they determine it will cost to repair the car
- If the repair shop you choose is going to cost more, you can ask the insurance company to pay for it. If they do not, you will have to cover the difference yourself
What if my car needs additional work or is not repaired correctly?
- If your car was not repaired correctly or there’s still an issue, let the insurance company know and ask them to handle the problem. They should take care of it.
What makes a car a total loss in Georgia?
A car is typically considered totaled when the cost to repair it approaches a large percentage of its value—often around 60–80%, depending on the insurance company.
When Is a Car Considered Totaled in Georgia?
- There’s no law or rule on this in Georgia. Insurance companies have their own rules on when they consider a car totaled or a total loss. They vary from company to company.
- Generally, if the cost to repair your car is anywhere from 60-80% of its value, the insurance company will consider your car totaled and pay you fair market value for it.
- For instance, your car is worth $25,000 and it will cost $20,000 to repair it. The repairs are 80% of the value of your car and the insurance company will consider it totaled.
- But if the repairs are $5,000, the insurance company will pay to repair it.
How Insurance Companies Determine Fair Market Value
- Insurance companies often rely on algorithms and software programs that may not reflect real world prices.
- Under Georgia law, the fair market value of your car is what a similar car in similar condition with similar features would sell for.
- Research Kelley Blue Book, Auto Trader, Edmunds, CarMax and your local dealerships to get an idea of the fair market value of your car.
What if I recently had work done on my car or had it repaired?
- If you recently had work done on your car or had it repaired, get those receipts to the insurance adjuster and ask that they include those in their offer. They should increase the offer to include those but may not reimburse the full amount.
What to Do If the Insurance Offer Is Too Low
- The insurance company’s first offer on your car is usually not their best offer.
- If you think the offer is fair market value, you can accept it.
- But if you think it’s low, don’t be afraid to ask for more.
- Give them three to five examples that you found after researching. Say “thank you for the offer. I am asking for $XXXX for my car because I think that’s fair market value based on these other cars.”
What Happens If You Still Owe Money on the Car?
- Sometimes the fair market value of your car is less than you owe the bank for it.
- If this happens, you probably have “gap insurance” through the bank or company that is financing your car loan.
- Gap insurance covers the difference between the fair market value of your car and the amount to pay off your loan
- Contact your bank or financing company and ask if you have gap insurance and let them know you will need to make a claim
What if the insurance company says my car is totaled but I want to get it repaired and keep it?
- If the insurance company says your car is totaled but you want to get it repaired and keep it, Georgia law allows you to “keep salvage.”
- The insurance company will pay you for the fair market value of your car but they’ll take out the cost of “salvage,” which is the money they make selling it for parts or scrap metal.
- You’ll have to have the car rebuilt and then apply for a “rebuilt title” before you can legally drive it.
- You can read more about that process here: https://dor.georgia.gov/motor-vehicles/title-motor-vehicles/salvage-titles
Can I recover diminished value after a Georgia car accident?
Yes. Georgia allows you to recover diminished value from the at-fault driver’s insurance, even after your car has been repaired.
What Is Diminished Value in Georgia?
- A car that’s been damaged in an accident is worth less than one that has not. This is called “diminished value.”
- The more it costs to repair your car, the more diminished value it has.
- An older car that needs $1,000 worth of repairs has a very small diminished value claim and the insurance company may not offer anything at all. But a new truck that needs $25,000 worth of repair has a diminished value claim that’s worth pursuing.
- Once your car has been repaired, ask the insurance company to compensate you for its diminished value. Say “Can you please make me an offer for my car’s diminished value?”
- Georgia law doesn’t have a formula or calculator to determine the diminished value of your car. If you don’t like the insurance company’s offer you typically need to hire a “diminished value appraiser” to pursue it further.
When You Should Talk to a Lawyer About Property Damage
You may not need a lawyer for minor vehicle damage, but legal help can make a difference if:
- The insurance company disputes fault
- Your car is totaled and the value seems too low
- The insurer delays inspection or payment
- You are dealing with both vehicle damage and injuries
- You are being pressured into a quick settlement
If your accident also caused injuries, you can learn more about when you need a lawyer here. Contact us for a free consultation. There are no fees unless we win.
Frequently Asked Questions
Do I have to use the insurance company’s repair shop in Georgia?
No. Georgia law allows you to choose your own repair facility. But if your repair shop charges more than the insurance company determines is reasonable, you may have to cover the rest.
How long does insurance pay for a rental car?
Usually until repairs are complete or a total loss offer is made, but disputes can arise.
How is a total loss value calculated?
Insurance companies use comparable vehicles, condition, mileage, and market data.
Can I recover diminished value in Georgia?
Yes. A car that’s been damaged in an accident is worth less than one that has not been. The amount of a diminished value depends on the year, make and model of your car and how badly it was damaged.
What if the insurance offer is too low?
The first offer is usually not the best offer. You can challenge it with comparable sales, documentation, or legal assistance.