In all automobile accident cases it is essential that prompt measures be
taken to preserve evidence, investigate the accident in question and to
enable physicians or other experts to thoroughly evaluate any injuries.
If you have suffered injuries in an auto accident and need information on
the damages available in your jurisdiction call
800-437-2571 anytime for a free, no obligation, confidential
consultation with one of our lawyers experienced in handling auto accident
claims or use our convenient Free Case
Evaluation submission form.
Should you decide to retain our services, we will work on 100% contingent
fee basis. Simply stated, we get paid for our services only if we recover
monies on your behalf from the insurance company.
The following are some of the most Frequently Asked Questions about
automobile damages:.
Can I control whether my car is repaired or replaced?
How is the market value of my car determined?
What if I am "upside down" on the loan for my car?
Can I choose my own repair shop?
What kind of parts will be used in the repair?
What if my car already had some damage before the accident?
Will I have to pay the towing and storage costs?
What about license and registration fees that I had to pay
to drive the car?
What if I need a rental car? Do I have to pay for it while
my car is being repaired?
What kind of rental car am I entitled to?
Should I purchase any extra insurance on the rental car
provided to me?
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1. Can I control whether my car is repaired or replaced?
This can be a difficult issue. For most people, getting back into their
own vehicle, so long as it is safe, is a priority. Normally, the insurance
company has the option to either repair or replace your vehicle, depending
on whether its costs less to replace your vehicle than to repair it. If
this is the case, the insurance company will declare your vehicle a "total
loss," and take action to replace your vehicle. If your car is declared a
total loss, the insurance company buys your care for its market value,
which can be difficult to determine. If you wish to keep the wrecked car,
you may purchase it back from the insurance company for its salvage value.
The insurance adjuster can deduct the salvage value from the settlement
and you can keep the car.
If the situation is reversed and the insurance company chooses to repair a
vehicle rather than replace it. In this case, if you are concerned about
the safety of the repaired vehicle, you should contact our office to
discuss your options.
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2. How is the market value of my car determined?
You are entitled to recover the "fair market value" or the actual cash
value of your vehicle immediately before the accident. One common source
used to estimate fair market value is the Kelley Blue Book. Other sources
of information are the local newspaper or the Auto Trader, which may list
the for sale price of cars of the same make, model, and year as yours.
Occasionally, an expert vehicle appraiser is used to help prove the value
of your vehicle.
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3. What if I am "upside down" on the loan for my car?
If you owe more money on the loan for the car than the fair market value
of the car, you are "upside down" on the loan.Unfortunately, if your
vehicle is a total loss, the insurance is not required to pay more money
to you simply because you are "upside down" with your car loan. They are
only obligated to pay the fair market value of your car
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4. Can I choose my own repair shop?
Yes, you always have the right to decide who will repair your vehicle,
however the cost of the repair is not always determined by the estimate
given by the repair facility of your choosing.
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5. What kind of parts will used in the repair?
You have the right to demand that only original manufacturer parts be used
in the repair, so if your car is a Pontiac, you should receive genuine
Pontiac parts. Since your car was probably not new at the time of the
accident, however, the mechanic may use refurbished or reconditioned
parts.
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6. What if my car already had some damage before the accident?
If your vehicle had damage to it prior to the accident, it can be
difficult to determine exactly what portion of the damage was caused by
the accident itself. For example, if your car has a mechanical problem,
the insurance company may claim that it existed prior to the accident if
some evidence indicates that there was substantial wear and tear.
Therefore, it is important that you prove the connection between the auto
accident and the damage you are claiming. Ordinarily, mechanics and
collision repair personnel can help to prove the age of body damage or the
cause of a mechanical failure. They can assist to convince the insurance
company that the auto accident caused the damage you are claiming.
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7. Will I have to pay the towing and storage costs?
In most cases, unless there is a dispute as to who was at fault in the
accident, the insurance company for the driver who caused the accident
will pay the reasonable towing and storage costs of your car. After
evaluating the vehicle, if the insurance company declares the car a total
loss, they will have the car moved to a wrecking yard or a free storage
area. If you refuse to allow the insurance company to move your car,
however, you will have to pay the storage costs from the day of your
refusal forward or you can pay to have it towed to your home.
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8. What about license and registration fees that I had to pay to drive the
car?
In order to drive your vehicle, you had to pay a tag fee and registration
fees. You are entitled to be reimbursed for the prorated amount of these
costs that are unused. The insurance company should also reimburse you for
tag transfer fees and in some cases, a prorated amount of sales tax on the
actual cash value of the car at the time of the accident.
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9. What if I need a rental car? Do I have to pay for it while my car is
being repaired?
If you caused the accident, or if there is a dispute over who is to blame,
then you must either pay for the rental car yourself or seek coverage
under your own insurance policy if rental coverage is available. Many
insurance contracts do not provide for rental coverage for their own
customers, so you need to contact your insurance agent to determine what
coverage exists. If the other driver is at fault, then we will demand that
the insurance company for the person who caused the accident provide you
with a rental car for the time needed to repair your vehicle. Sometimes,
you must pay the rental car bill first, with reimbursement coming from the
insurance company later.
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10. What kind of rental car am I entitled to?
The insurance company has to pay for the reasonably incurred rental cost
of a substitute vehicle. Often, there are disputes as to what qualifies as
a substitute vehicle. Essentially, it should be a vehicle of similar
quality, within the confines of what is available for rent.
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11. Should I purchase any extra insurance on the rental car provided to
me?
Your own insurance policy should cover you while driving the rental car,
but you should call your insurance agent to be sure that you are covered.
The other driver's insurance company is not required to pay for additional
insurance if you choose to purchase it from the car rental company.
In all automobile accident cases it is essential that measure be taken
promptly to preserve evidence, investigate the accident in question, and
to enable physicians or other experts to thoroughly evaluate any injuries.
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If you have suffered injuries in an auto accident and need guidance on the
damages available in your jurisdiction call
800-437-2571 anytime for a free no obligation confidential
consultation with one of our lawyers experienced in handling auto accident
claims or use our convenient Free Case
Evaluation submission form.
Should you decide to retain our services, we will work on a 100%
contingent fee basis. Simply stated, we get paid for our services only if
we recover monies on your behalf from the insurance company.
Find an auto accident lawyer in your area.
