What to Do in
Auto Accidents

If you have been unfortunately involved in a motor vehicle accident, there are certain rules of thumb to follow:

• Do not give a recorded or written statement.

• Take Pictures.

• Do not sign anything without a lawyer reviewing it for you, 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.

If You're Injured
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.

Property 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, 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.

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 and they frequently take this opportunity to evaluate you as a person, your injuries and your lifestyle. This 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.

The Repairs
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.

Make sure that you are 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 in 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 than 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.

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.

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. 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.

• Learn about Settlements
• Statutes of Limitations
• Return to Personal Injuries

Call 301.231.9480 - Free Initial Consultation