Vehicular and personal property damage
Vehicle damage
In the event that your car is totaled or in need of repairs, you are usually entitled to a rental car under your own insurance policy or under the policy of the individual who caused the accident. Most states allow the recovery of auto rental from the day of the accident until such time as the insurance company repairs or gives you the money to replace your vehicle.
If the cost of repair of your car or truck is less than the value of the vehicle, the insurance company will have your vehicle repaired. In most cases, especially when the vehicle is a late model, the owners will demand that the vehicle be repaired at the dealer. Many times, insurance companies will balk on that demand, and even try to put used parts on the car. You should inspect the repaired vehicle upon return as if you were purchasing the car before accepting the work. You may also be entitled to damages for the difference between the pre-accident value of your car and the post-accident value after repair because vehicles lose value after being extensively repaired.
Of course, if the cost of repairs is greater than the value of your car, it will be totaled. Most insurance companies base reimbursements of vehicles on the NADA book listings. You will get the base price of your car regardless of any special features, mileage, or repair history on the car unless you know how to demand extra.
Personal Property Damage
If you have personal property destroyed in the accident, the insurance companies will usually replace this property if you can produce the proper documentation. Common items include glasses or contact lenses, clothing, wallets, purses, and property in the car at the time of the accident which disappears or is destroyed.
Most people do not know they may be entitled to a rental vehicle. If they do not ask about it, the insurance company certainly is not going to offer one. Likewise, most drivers do not know that they may be entitled to the difference in the "before and after" vehicle, that they can demand more than the NADA book value, or that they can recover for personal property at all. This is why it is important to obtain legal counsel.
Probably most important reason for consulting an attorney comes when its time to sign the property damage release. While personal injury settlements often drag on as the victims are treated for injuries, the property damage claims can be quickly settled. However, sometimes your endorsement of an insurance check for any type of property damage will authorize a release of all claims against the other driver and his insurer. You should always have an attorney look over any release or check before you sign the release or cash the check, or you may be signing away all rights to future compensation.
Since most property damage claims are straightforward and swift, many personal injury practitioners allow their clients to handle this aspect of the claim. The Beard Law Firm will aid in seeing that you get a rental vehicle, that you are satisfied with the condition of your repaired vehicle, and that you get any other recovery possible for your loss. Of course, all of your property damage recovery is yours.
