Tort and Personal Injury FAQ

When an accident is someone else's fault, usually 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 -- because it will cost more to repair than it's worth. Instead you will receive the actual value of the vehicle. While your property damage settlement is pending, you may be entitled to a rental car.

• Repair
  
  
  1. 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 obtain 2 or 3 written estimates from different body shops. Do not rely solely on an insurance company's estimate.
  2. 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
  
  
  1. 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.
  2. 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.
  3. 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.
  4. You have the right to market value, which is often higher than blue book value.
  5. 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 business decision when you purchased or leased your car.
  6. 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 Car
  
  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.
  
  
  1. 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.
  2. Contact the insurance company for pre-authorization of all rentals. They will direct you to local car rental companies.
  3. 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."
  4. 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.
  5. 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.

1. Do not give a recorded or written statement to the other driver's insurance company.
2. Take digital or regular photographs of the vehicle property damage.
3. Sign a Property Damage Release only, not a release of ALL claims.
4. 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.
5. Beware of the clever insurance adjuster. Avoid bringing your car to the insurance company shop or the drive-through service because it provides the insurance company with an opportunity to take photographs of you getting in and out of the car. The information could later be used against you if you decide to make a claim for bodily injury.

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 how much it was damaged.

In all personal injury car accident cases where the other party is at fault, you are entitled to recover property damage, medical bills, wage loss, future wages, diminution in earning potential, all other out of pocket expenses, general damages (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). This may hold true even if the adverse driver is uninsured or underinsured.

The Personal Injury Protection (PIP) or Medical Payments coverage contained in most policies will pay all necessary and reasonable medical expenses for a covered person suffering bodily injury in an accident (usually up to $10,000 and for a specified time period, usually one to three years). The insurer who covers the vehicle you are occupying in the accident will be primarily responsible for payment of these medical expenses. If there is no PIP or Medical Payments coverage available through existing auto policies, health insurance may cover your medical expenses.

If you have PIP coverage, it provides time loss benefits (usually limited to $200 per week with a two-week waiting period) while you are off work due to the accident. This coverage typically expires one year after the accident. Lost wages are included in the claim or lawsuit brought on behalf of our clients.

"General damages," such as pain and suffering, disability and loss of enjoyment of life, are recoverable against the negligent driver who caused your injuries, or his or her insurer. You may also recover damages for past and future medical expenses, wage loss, and any impairment of future earning capacity.

If you and the negligent driver's insurer cannot agree on a settlement, you are entitled to have the issue decided by either an arbitrator or a jury. The advantages to proceeding in arbitration (with a local lawyer acting as arbitrator) include a shorter length of time from filing your lawsuit to a decision and a substantial reduction in the cost of pursuing your claim. Arbitrations are usually faster, simpler and cheaper. Arbitration claims, however, are limited to a maximum of $50,000.
Since an injured plaintiff in arbitration is limited in the amount he or she can recover, arbitration is not proper for cases involving more serious injuries.

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 there was underinsured motorist coverage (UIM) on your vehicle. 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 a UIM claim.