What To Do In The Case Of An Automobile Accident
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.
Vehicle Damage
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.
Repair
- 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.
- 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.
Total Loss
- 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.
- 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 on their lot. Obtain written estimates for
retail values of your car from a salesperson.
- 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.
- You have the right to market value, which is generally higher
that blue book value.
- 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. This is a result of a poor
business decision when you purchased or leased your car.
- 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.
Rental
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.
- 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.
- Contact the insurance company for pre-authorization of all rentals.
They will direct you to local car rental companies.
- 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."
- 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.
General Recommendations
Do not give a recorded or written statement.
Take pictures. Take photographs of the property damage
and have them developed at once. Please do not use a Polaroid.
Sign a Property Damage Release only. Be sure that any check
you endorse states that it is a settlement of property damage only -- not
a release of ALL claims. Sign no other releases. Have us review the release
first.
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. 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."
Collision Caused By Uninsured Motorists
If the person at fault is an uninsured driver, your own collision damage
or uninsured motorist coverage will cover your loss, although it may be subject
to a deductible. Save your receipts for all out-of-pocket expenses and inform
your attorney of any expenses not reimbursed by your insurance company.
Personal Injury
In all personal injury cases, including car accidents, you are entitled
to recover general damages for your pain and suffering, inconvenience, loss
of opportunity to enjoy life, loss of the companionship of family members,
loss of services, emotional and psychological distress, death, disability,
permanent injuries, dismemberment and all special damages, such as medical
bills, wage loss, future wages, diminution in earning potential, and all
other out of pocket expenses.
If your injury resulted from a motor vehicle accident in which the responsible
driver was uninsured or underinsured, you may be entitled to benefits providing
you had UIM (underinsured motorist coverage) on your vehicle, or the owner
or operator of the vehicle in which you were at the time of the accident
had UIM coverage, or even a individual who you were living with at the time
of the accident had UIM coverage. If there was UIM coverage for the accident,
you are entitled to recover those damages you otherwise would have recovered
from the at fault and under or uninsured motorist. Your insurance policy
cannot be canceled or the rates increased solely because you make this UIM
claim. Please provide copies to us of all auto and private medical insurance
policies, including coverage and endorsement sheets.
Robert Kornfeld handles all serious motor vehicle accident cases.
  
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