Who handles the cost to repair my car if my attorney is only handling the injury part of my case? – North Carolina

Short Answer

In North Carolina, vehicle repairs and related “property damage” items (like towing, storage, and often a rental car) are usually handled as a separate claim from the bodily-injury claim. If an attorney is only handling the injury portion, the property-damage part is commonly handled directly between the vehicle owner, the insurance companies, and the body shop. Even if the car has already been repaired, it is still important to document out-of-pocket costs and confirm that any property-damage settlement paperwork does not accidentally release the injury claim.

Understanding the Problem

In a North Carolina motor-vehicle collision case, a common question is whether an injury attorney also handles the vehicle-repair side of the claim. The decision point is whether the law firm’s representation includes only the bodily-injury claim (medical bills, missed work, pain and suffering) or also includes the property-damage claim (repairs, total loss value, towing, storage, and loss of use such as a rental car). Timing matters because property-damage payments and paperwork often happen early, sometimes before the injury claim is ready for a demand package.

Apply the Law

North Carolina generally treats property damage from a crash as a separate category of loss from bodily injury. That means an insurance company may resolve the repair/total-loss portion quickly while the injury portion remains open. A key protection under North Carolina law is that settling the property-damage claim does not automatically admit fault and does not automatically waive the injury claim—unless the written settlement terms clearly say it settles all claims arising from the crash.

Key Requirements

Separate claim categories: Property damage (vehicle-related losses) is usually adjusted separately from bodily injury (medical and human losses), even when both come from the same collision.
Clear paperwork: A property-damage payment should come with paperwork that is limited to property damage only; broad “full and final release” language can create problems if signed without review.
Proof of loss: Reimbursement for items like a rental car or out-of-pocket repair-related costs typically depends on documentation (invoices, receipts, dates, and proof the expense was tied to the crash).

What the Statutes Say

N.C. Gen. Stat. § 1-540.2 (Settlement of property damage claims from motor-vehicle collisions) – A property-damage settlement is not an admission of liability and does not, by itself, release bodily-injury or death claims unless the written settlement terms specifically say it does.

Analysis

Apply the Rule to the Facts: Here, the vehicle has already been repaired through insurance/body shop arrangements, and the attorney is preparing an injury demand package. Under North Carolina practice, that repair payment is typically part of the property-damage claim and may have been handled directly by the insurers and the shop rather than through the injury demand. If there were additional costs—such as a rental car, towing, storage, or a deductible—those are also usually property-damage items and may need separate documentation and follow-up with the property-damage adjuster unless the attorney has agreed to include them.

Process & Timing

Who handles property damage: Often the vehicle owner (and sometimes the owner’s auto insurer under collision coverage). Where: With the at-fault driver’s property-damage adjuster and/or the owner’s insurer and the body shop. What: Repair estimate(s), final invoice, photos, towing/storage bills, rental agreement/receipts, and proof of any deductible paid. When: Usually early in the claim, sometimes within days or weeks of the collision, and often before the injury demand is ready.
Confirm the scope of representation: The retainer agreement and the law firm’s instructions usually control whether the firm is also pursuing rental reimbursement, deductible reimbursement, diminished value, or other property-damage items.
Watch the paperwork: Before signing anything from an insurer, confirm whether it is a property-damage-only release or a broader release. If a document is unclear, it should be reviewed before signing so the injury claim is not compromised.

Exceptions & Pitfalls

Overbroad releases: A property-damage check or form can sometimes be paired with language that attempts to settle “all claims.” North Carolina law allows a property-damage settlement to stay separate, but the written terms matter.
Rental car and “loss of use” gaps: Rental reimbursement disputes often turn on documentation (dates, necessity, and whether the rental period was reasonable). Missing receipts or unclear dates can delay or reduce payment.
Deductible and subrogation confusion: If the owner’s insurer paid for repairs under collision coverage, the owner may have paid a deductible and the insurer may pursue reimbursement from the at-fault carrier. Coordination problems can happen if the property-damage side and injury side are handled separately.

Conclusion

In North Carolina, the cost to repair a vehicle (and related items like towing and often a rental car) is usually handled as a separate property-damage claim, even when an attorney is handling the bodily-injury claim. A property-damage settlement generally should not waive the injury claim unless the written settlement terms clearly say it settles all claims. The most important next step is to gather repair and rental receipts and have any property-damage release reviewed before signing it.

Talk to a Wrongful Death Attorney

If a crash claim is moving forward and there is confusion about whether rental costs, deductibles, or other vehicle-related expenses are included in the demand package, our firm has experienced attorneys who can help explain what is typically handled as property damage versus bodily injury and what paperwork should be reviewed before signing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.