The following explanation assumes that you are not at fault for the accident.
You are entitled to a rental car similar to the quality of the car that you were driving at the time of the accident. You are entitled to this car while your car is being repaired or while you are awaiting the appraisal of your car, if it is not drivable. It should be noted, however, that it is best to arrange a direct bill with the insurance company for the rental car bill so that you do not get stuck paying for the rental car. Additionally, it should be noted that "insurance coverage" purchased for the rental car is not included in the amount covered by the other party’s insurance company. Finally, it is a good idea to have the insurance company provide the amount they are willing to pay per day for the rental car and, also, the amount of time that they are authorizing for the rental car. Typically, anything that is not authorized is not covered and will not be reimbursed until the entire claim is resolved, if then.
Furthermore, there are situations where a person is unable to obtain a rental car either because they are too young or they do not have a credit card. In such cases, the person is entitled to "loss of use" or a nominal amount of money for each day that they are unable to drive their car due to repairs or awaiting appraisal and ultimate settlement of a "total loss." This amount varies with different companies and/or states, but generally is in the neighborhood of $10 - $15/day.
Other Property Damage
If the rare instance that you had other property in your car that was damaged in the accident, it can possibly be replaced one of two ways. If the accident was not your fault, you should include the value of this property damage in the claim being made. Of course, if you have homeowner’s insurance you can also make a claim through your carrier. In the event that you are at fault for the accident your only alternative is to make a claim through your homeowner’s policy.
What if I was injured in the accident?
If you were injured in the accident you can file a claim with the other party’s insurance company if the other party was either entirely or even partially at fault for the accident. Depending on the extent and type of your injuries, you should seek medical treatment accordingly. A word to the wise, seek only necessary medical treatment.
How do I pay for my medical treatment before settling my claim?
Your medical bills can be paid either by your health insurance (who will likely file a lien requiring that your repay them if you obtain a settlement); by your medical payment coverage from your insurance policy (who will likely request repayment from the other party’s insurance depending on the determination of fault); and/or sometimes the insurance company will accept a direct bill from the provider as an advance toward your ultimate settlement. Another option is that the medical provider may provide treatment with the understanding, generally through a lien, that he will be paid in full once the case has been resolved. A word of caution on this latter option is that if you sign a lien, you are still responsible for payment of the medical bills even if you do not receive any settlement monies.
How much can I settle my claim for?
Despite the claims that insurance companies have formulas; charts; or other magical methods of arising at settlements, this is not the case. Each insurance adjuster and company has a different philosophy in settling cases. Some companies will litigate all claims in which the injury claim being made is for soft tissue injuries while others will rarely litigate any cases.
Nevertheless, most insurance companies will consider a number of factors when determining the settlement value of a case including but not limited to the following:
|
The extent of property
damage determining the extent of the impact of the collision; |
The most common type of settlement is a draft made payable to the claimant (you); the attorney, if retained; and any parties who have filed a lien.
If the settlement involves a minor, the settlement may need to be approved by the Court. Typically, insurance companies require that settlement amounts of more than $5,000 made to a minor must be approved by the Court. This requires that a Petition for Minor’s Compromise be filed with the Court. The Court than first determines that the settlement amount is fair and that the money will be put into a blocked trust. Additionally, if a Guardian Ad Litem was not previously appointed, it will be done at this time.
Another type of settlement that is quite attractive is a Structured Settlement. These are common with minors or in the event of large settlement amounts. These are essentially annuities with A+ companies which are made in payments to the party. An example would be that a minor is given a lump sum on their 18th - 22nd birthdays (ideally to help with college) and then receive additional lump sums on their 25th, 30th, etc. birthdays. Obviously, the extent of such structured payouts is determined by the size of the settlement.
| Credit Cards Accepted |
NOTE: The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.