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Generally speaking when
one is in an accident involving a motor vehicle, there are certain
rules of thumb to follow:
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Do not give a recorded
or written statement.
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Take pictures. Take photographs
of the property damage and have them developed at once. Do not
use a Polaroid.
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Do Not Sign Anything Without
a Lawyer Reviewing it for You, First!
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Do not discuss any matters
concerning your injuries with the at-fault insurance company.
You are under no obligation to give this information and should
discuss nothing but the damage to your car and the need for
a rental car or "loss of use" compensation. Beware of the clever
insurance adjuster.
Property
Damage
An automobile accident
is always stressful. You are not alone. This advice
has been prepared to help guide you through some of the steps you
should take to insure that your property damage claim is handled
speedily and that your interests are protected. When an accident
is someone else's fault, generally that person's insurance company
will compensate you directly. Otherwise, your own insurance
company may reimburse you for your vehicle, e.g. property damage,
if you have the appropriate insurance coverage. A property
damage claim is resolved in one of two ways: either your car can
be repaired or it will be considered a total loss - meaning that
the cost of the repair exceeds the actual value of the vehicle.
Property
Damage - The estimate
Avoid bringing your car
to the insurance company shop or the drive-through service.
It provides the insurance company with an opportunity to take photographs
of you and observe you getting in and out of the car. Insurance
claims representatives are very skilled.
In dealing with your property
damage, they frequently take the opportunity to evaluate you as
a person, your injuries and your lifestyle. The information
could later be used against you if you decide to make a claim for
bodily injury. Have a friend take your car in for the damage
appraisal or request the insurance company go to the location of
the parked car. Obtain your own damage estimates.
Please provide us with
copies. Even if your car is a "total loss," it is still important
to obtain an estimate to prove it was a "total loss." Typically
in a car crash case, you will be concerned with, initially, the
payment of your car damage repair. We normally handle this
for clients as a professional courtesy without charge. Some
of the things you need to be aware of in handling property damage
claims initially at the time of the accident are as follows:
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You may have the right
to have your car repaired at the body shop of your choice.
You need not accept the insurance company's property damage
appraisal of the actual repair costs. Take your car to
your selected body shop, and present a written estimate to the
insurance company. Make sure you retain 2 or 3 written
estimates from different body shops. Do not rely solely
on an insurance company's estimate.
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Be satisfied that your
car is returned to pre-collision condition before signing any
insurance company check or property damage release. Otherwise,
you may waive your right to further repairs.
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Total loss means that the
cost of repair exceeds the reasonable retail market value for
"your" car in the condition it was in at the time of the accident.
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When your car is a total
loss, the insurance company is obligated to pay you for the
market value of your car in the condition it was in before the
collision. Market value can be determined by looking in
classified ads for similar cars with similar mileage as yours.
Ask car dealers what a similar car sells for in their lot.
Obtain written estimates for retail values of your car from
a salesperson.
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In negotiating the value
of your car, let the insurance company know of any recent repairs,
any special accessories and the value of any damaged contents.
Show the company recent receipts of all service and maintenance
records.
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You have the right to market
value, which is generally higher than Blue Book value.
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An insurance company is
not responsible for an outstanding loan or lease balance in
excess of market value. So, if you bought a car and were
making monthly payments, you may unfortunately owe more than
what the car is actually worth. You will not be entitled
to recover compensation for the loan balance if the car is worth
less.
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You are also entitled to
recover pro-rated licensing fees on the balance remaining on
the annual license and sales tax on the total loss value.
If an accident is another's fault, that person's insurance company
should provide you with a rental car while your car is in the
repair shop or until the insurer makes a reasonable offer to
settle a "total loss" on your vehicle. If the at-fault
driver is uninsured, your right to a rental car is subject to
the terms of your own insurance policy.
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You may have the right
to either a rental car or loss of use compensation for each
day you are unable to use your car until your car is declared
a total loss or until your car is repaired.
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Contact the insurance company
for pre-authorization of all rentals. They will direct you to
local car rental companies.
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If there is a delay in
obtaining a rental car, you may be entitled to compensation
for the "loss of use" of your vehicle for each day you have
been deprived of its "use."
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If you have collision coverage
on your vehicle, you may not need additional rental car property
damage insurance. Please check with your agent.
If you do not have collision coverage you probably will be required
to pay for insurance coverage on the rental car. This
rental car insurance is not compensable. You will not
be reimbursed for insurance on a rental car.
- Most car rental companies want your business
and most will have a drop-off and pick-up service if you request
it, at no additional charge. It seems many times that after
a car accident, once the property damage is resolved and the car
damage is resolved, people start focusing on their injuries unless
their injuries are so serious that they are hospitalized initially
following the accident. In serious cases like this, we like
to get involved immediately at the start. Photographs need
to be taken of the injured party in the hospital. Photographs
need to be taken out at the accident scene. Witness statements
need to be taken immediately. All this information is necessary
to secure before the evidence changes or is lost and the memories
of witnesses suddenly change after speaking with insurance adjusters.
An attorney should be hired while the evidence is fresh, immediately.
Photographs and video tape evidence of the scene, property damage
photos and of your injuries are critical. Photograph and
video tape all observable injuries, fractures and hospitalizations
as soon as possible.
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Personal
Injury Damages to which You Are Enditled
In all personal injury
cases, including motor vehicle accident cases of all types, you
are entitled to recover general damages for your pain and suffering,
emotional distress, disability, permanent disfigurement, scarring,
loss of opportunity to enjoy life, interference with the husband/wife
or parent/child relationship, wrongful death, loss of services,
dismemberment and any other type of general damage that deals with
an injury which you can think of. You are also entitled to
recover special damages which are past, present and future medical
bills, wage loss, loss of earnings potential and other out-of-pocket
expenses. It is your attorney's obligation to properly prepare
your case and determine what these damages are. This usually takes
place after your medical condition is stabilized.
At the point when your
medical condition stabilizes, which means you will not get any better
or worse, your attorney should speak to your doctors and obtain
medical reports regarding your prognosis. At the conclusion
of your recovery, the attorney shall put together a settlement demand
package to try and resolve your case with the insurance company.
From that point forward, negotiations will take place. Your attorney
should be goal oriented to maximize your RECOVERY.
If your case does not settle,
your attorney will file suit and proceed to trial. Many times
an insurance company will not pay you what you deserve to recover
until your case is set for trial or close to trial. Insurance companies
know which attorneys take cases to trial and which attorneys settle
cases. Those attorneys, who proceed and prepare a case as
though it shall proceed to trial, will likely recover more money
for you than a settlement lawyer. It behooves all attorneys to try
and settle cases. However, if cases do not settle in a reasonable
period of time, it behooves everyone to file suit and prosecute
your case, preparing for trial.
This is the best way to
financially maximize your RECOVERY.
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