Being in a car accident is always an unfortunate situation. After an accident, it can be both confusing and upsetting navigating your way through the resulting complications. If you are involved in an auto accident, be sure to contact the police so you will have an accident report for insurance purposes. The police will facilitate the appropriate exchange of information and insurance so that you can file a claim for your damage.
When you are involved in an auto accident, two claims usually result. One claim is for the damage to your property, the vehicle, and the second claim is for the damage to your person, any injuries you sustained. Generally, these two claims are handled separately.
Most people are initially concerned with resolving the vehicle damage. In order to make the necessary repairs your vehicle, you may have the option of making a claim with the at-fault party’s insurance carrier or, if you have collision coverage on your policy, your own carrier. There are advantages and disadvantages to each option, so the best choice will depend on the specifics of your accident. The initial step in the repair process is to obtain an estimate for the cost of fixing the damage.
Based on this estimate, an insurance company will usually either authorize the repairs or declare the vehicle a total loss. If the vehicle is a total loss it means the cost of repair is too great in proportion to the vehicle’s fair market value. When a vehicle is a total loss the insurance company will usually make two compensatory offers. If you relinquish title to the vehicle to the insurance company and give it up, the offer will be for the fair market value of the vehicle. If you wish to retain the vehicle and obtain a salvage title, the offer will be for the fair market value less the salvage value.
In addition to the property damage, many people are injured in auto accidents. If you are injured, you may be entitled to recover for the cost of the medical care necessary to treat your injuries and to compensation for your pain and suffering. If your injuries are permanent or will leave lingering effects, additional compensation may be appropriate. Also, if you are forced to miss work due to the injuries you sustained in the accident, your lost wages may be compensated as well.
It can be helpful to consult an attorney after an auto accident. An attorney can look at all the parts of your particular auto accident and provide advice about what sort of compensation is available in your jurisdiction, explain what types of applicable insurance coverage the at-fault party and you have, advise how to keep track of your claim related expenses, research whether or not your health insurance is entitled to reimbursement for any medical care they may have paid for, and tell you the specific statute of limitations during which you may pursue your claim.
All of this information is necessary for you to evaluate how to pursue your claim for auto accident damages, and it will be beneficial for the layperson to seek the professional advice of an attorney regarding these factors.
