Your Things Were Damaged in the Crash. Who Pays for Them?

The car gets an adjuster, an estimate and a repair. The laptop that hit the dashboard, the phone that flew into the footwell and the stroller in the trunk often get forgotten until the claim is nearly closed. They are part of the loss, but they may run through a different claim.

Who pays, by situation

The exclusion in the uninsured row comes from Insurance Code section 11580.26, which defines that property damage coverage as damage to the insured vehicle "but not including personal property contained therein".

Step by step

1. Photograph damaged items at the scene, where they landed, before you move them.
2. List every item with a description, roughly when you bought it, and any receipt, order email or bank record you can find.
3. Keep the broken items until the claim is settled; an adjuster may want to see them.
4. Tell the adjuster about belongings in the first conversation, not at the end. Ask whether they will be handled on the same claim.
5. Ask how value is measured. Belongings are commonly valued at what they were worth, allowing for age and wear, rather than the price of a new one, unless the policy paying says otherwise.

Getting your things out of the car

If the car was towed, call the tow yard or storage facility before going. Ask what identification and paperwork they need and when you can get to the vehicle. Remove everything personal, including garage openers, toll transponders, registration and insurance cards, and child seats. If the car may be declared a total loss, do this early; once the title and the car pass to the insurer, getting back inside can be harder.

Who you will be dealing with

If the other driver's insurer is paying, the same adjuster handling your car may handle your belongings, or pass them to a colleague. If your homeowners or renters insurer is paying, that is a separate claim with its own adjuster, claim number and deductible. Keep the two sets of paperwork apart so nothing is claimed twice or missed.

Car seats and safety items

Child car seats deserve their own conversation with the adjuster. Whether a seat in a car involved in a crash should be replaced, and whether the claim pays for it, depends on the seat maker's guidance and the policy paying the claim. Ask explicitly rather than assuming either way.

What can go wrong

• Mentioning belongings after settling the car. If the property damage claim is closed with a release, adding items later can be difficult.
• No proof of what you owned. A photo of the item, even an old one, is better than nothing.
• Claiming small items on homeowners when the total is near that policy's deductible. Sometimes it is not worth a second claim.

If your own policy left you exposed in this crash, request a quote and we will show you the gaps.