Anyone who owns a home or a car is susceptible to property damage, which can arise due to a variety of factors and under just as many circumstances, each ranging in its extent of impact.
In some cases, property damages can be severe and require extensive repair. In others, damages may be minor and not have much of an effect.
In any event, cosmetic damages are a type of damage most commonly used in reference to cars and other motor vehicles. They describe surface-level damages that do not affect the function or integrity of a car.
But while you may still use your vehicle as normal despite any cosmetic damages, no one wants bumps or scratches on their car.
While cosmetic damages are not always covered by insurance, different options are available to you if you or a loved one have sustained damages to any of your properties.
For guidance on recovering property damages after an accident or other event, a knowledgeable lawyer can help. To speak with one today, call Schwartzapfel Lawyers at 1-516-342-2200 or visit us online!
What Are Cosmetic Damages?
Cosmetic damages are a type of property damage that only have an impact on the appearance of the item or structure. Cosmetic damages can occur across various types of property; however, they are most often referred to within the context of auto accidents.
Cosmetic damages might take away from how a car or other vehicle looks on the outside, but they do not affect how it operates.
Cosmetic damage on a car may include but are not limited to the following:
- Dents on the body of a car from impact with obstacles or other vehicles.
- Chips or scratches on the paint of a car.
- Dents or scrapes on the bumpers of a car.
Note: Cosmetic home damage can also consist of worn-down shingles on a roof or a cracked driveway.
Repairs for cosmetic damages are often not considered urgent or necessary. Because of this, it can be harder to file a claim and receive coverage to fix them.
To learn more about cosmetic damages and other types of property damages, reach out to the seasoned team at Schwartzapfel Lawyers by calling 1-516-342-2200 now! It will be our honor and privilege to assist you as best we can, however we can, no matter your situation.
Property Damage Claims
While a person may own and have rights to different types of property, property damage claims most often involve homes, businesses, and motor vehicles.
Property damage differs from personal injury and other personal damages. Moreover, it can occur due to a number of situations.
Common causes of property damage include but are not limited to:
- Natural events or extreme weather conditions include hurricanes, earthquakes, and snowstorms.
- Intentional or unintentional harm by another party.
- Manufacturing and/or construction defects.
There are different guidelines governing how property damages are recovered. These guidelines can depend on the extent of the sustained damages and how they occurred.
Because property damage claims are typically processed through insurance, the coverage you are eligible for can also depend on your insurance policy.
For questions about property damage and property insurance, a member of our team at Schwartzapfel Lawyers can help. Call 1-516-342-2200 for more information, or visit us online to schedule your free consultation today!
Recovering Property Damages
To recover damages after a car accident or any other type of accident, one of the first things you should do is report the accident to your insurance company. Once you report an accident, the damages can be assessed, and you can file a claim for coverage.
In the case of a car accident, if another driver is found to have been at fault, you may be able to file a claim through their insurance company.
Sometimes, however, property damage claims involving negligence are not settled through insurance. When this happens, the claim can become a lawsuit and be taken to trial.
Property damage that results from natural events cannot be settled through filing a claim against an at-fault party. In such cases, your insurance policy may be able to cover damages.
Note: While home and car insurance function to provide you with coverage, not all insurance policies are created equal.
In some cases, policies may include clauses that withdraw coverage for damages that occur due to natural events or under certain circumstances. In others, insurance companies may only grant you partial coverage for damages needing repair.
How To Choose an Insurance Plan
When purchasing insurance for your car or home, you should consider the types of coverage you might need. For example, if you live in a neighborhood with higher crime rates, you may want to add vanadium protection to your insurance policy. If hurricanes occur regularly where you live, you should ensure that your homeowners’ insurance policy covers hurricane or flooding damage.
Because insurance companies primarily exist to make a profit, it is important that you are aware of the terms of your policy agreement and can stand up for yourself if an insurance claim you file is denied.
A skilled lawyer can help you navigate insurance claims and fight for your rights against an insurance company after an accident. To find the right lawyer for you, get in touch with Schwartzapfel Lawyers by calling 1-516-342-2200 or visiting us online today!
Can You File a Claim for Cosmetic Damages?
As mentioned, not all types of property damages can be recovered through insurance. Because cosmetic damages do not impact its function, they may not qualify for coverage.
Most insurance companies will likely only pay for mechanical damages compromising your car’s performance.
Under most insurance policies, car owners are responsible for the routine maintenance and repair of wear and tear on their cars. Depending on how they are caused, cosmetic damages can be compared to wear and tear on a car.
Under comprehensive car insurance, however, you can receive coverage for cosmetic damages and other minor damages. Comprehensive insurance covers damages sustained outside of typical car and traffic accidents.
While they can be beneficial, comprehensive insurance policies are typically more costly than standard insurance. In some cases, coverage for minor damages can be added to your regular policy, which increases your insurance payment.
Note: Even if you can guarantee that your car insurance company will likely provide you with coverage, filing a claim for cosmetic damages may not be the best idea.
If, for instance, your claim is processed and the damages on your car are covered, your insurance premium will likely increase. As such, you may actually end up paying more than you would have if you had fixed your car independently. And so, in certain cases, it may be more cost-effective to absorb the damages and get your car repaired without filing a claim.
Exceptions
While it is not generally advisable to file an insurance claim for cosmetic damages, there are some situations where filing a claim may be the best course of action.
In some situations, being able to show that the damage to your car was caused by someone else’s carelessness or intentional actions can strengthen your case. In turn, this evidence may help you recover financial compensation for the damages from the responsible party’s insurance, regardless of how severe the damage is.
For example, another driver may carelessly bump into your car while trying to park in the spot behind yours. Even if the bump does not cause serious damage, you may be able to get the dent or scrape they left behind repaired through their insurance.
Then, if damages to your car are intentionally inflicted by another individual, you may be able to file a claim if your insurance policy includes coverage for vandalism.
In sum, while it can be cheaper to pay for car repairs out of pocket, depending on your insurance premium and the extent of the damage to your vehicle, going through your insurance carrier can be another viable path to restoration and recovery.
Contact Us Today
If your car or property has sustained cosmetic damages, there are many available routes you can take to recover the damages you deserve. To that end, filing a claim with your insurance provider may not always be your best or only option.
And so, if you or a loved one is not sure about what to do after your car or home is damaged in an accident, a qualified cosmetic damages lawyer can help.
Moreover, a skilled lawyer can help you choose the insurance policy that is right for you, as well as help you negotiate insurance claims and maintain your rights as a property owner.
The members of our legal team at Schwartzapfel Lawyers are highly trained and experienced in all types of auto accident and insurance claim cases. To speak with one of our in-house lawyers today, call 1-516-342-2200 now! Alternatively, you can schedule your free consultation and/or case evaluation when you visit us online.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Cosmetic Damage Definition | Law Insider
What Is Property Damage? Legal Definition & Examples | Forbes Advisor
Does Car Insurance Cover Scratches and Dents? | Car and Driver
Your Car Repair Options After an Accident | Nolo Legal Encyclopedia
