Obtaining Compensation for Your Injuries
Find out how the Dan Davis Law Firm can help you get the money you deserve
Personal injury law allows someone to recover monetarily for a loss due to the negligent or reckless acts of another party. The process of recovering compensation, or money, for an injury or loss through personal injury law is known as pursuing damages.
The types of loss considered to qualify as a personal injury can be:
- Physical injury
- Emotional trauma
- Damage to property
- A combination of these things
Accident victims often find themselves in disputes with insurance companies over the amount of compensation they are entitled to receive, based on the extent of their injury. An experienced attorney from the Dan Davis Law Firm may be able to help you get the full extent of compensation you are entitled to under law.
About Property Damage
If your car is totaled in an auto accident or semi truck accident and the operator of the other vehicle is responsible for your property loss, you may be able to pursue a property damage settlement. This settlement may be calculated not only by the replacement cost of the vehicle and other property, but also by the cost of having lost the use of that property until it could be replaced.
Lost property that may be considered when pursuing damages include:
- Personal effects destroyed as result of accident (cell phone, computer, etc.)
- Cost of rental vehicle
- Cost of vehicle repair
Common Questions About Expenses Related to Accidents
Who decides where my car is repaired?
You can decide where your vehicle is repaired. The insurance company decides how much will be paid for the repairs, and it may not be the same amount as the repair shop estimate.
Will the repair shop charge me for storage?
The insurance company of the person who caused the accident will pay towing and storage costs, according to what is reasonable in your area. If the vehicle is declared a total loss, the insurance company will pay to have it moved to a salvage or wrecking yard. If you do not allow the company to move your vehicle, you will be liable for any storage or towing fees.
Who decides if my vehicle is repairable or “totaled”?
The insurance company that is liable for payment can decide that your vehicle is not worth repairing, which means that it is totaled. If the cost of the labor and parts exceeds the market value of your vehicle, the company can declare it a “total loss” and pay you the market value for your car. Market value is determined by the fair market value of similar vehicles in your area, or from an independent source such as the Kelley Blue Book. If you want to keep the vehicle after it has been declared a total loss, you will have to pay the salvage value to the insurance company.
Who pays the bank loan if my vehicle is financed?
You are still liable for any loans on the vehicle. If the fair market value of your vehicle is less than the outstanding loan, you are still required to pay the entire amount of the loan.
Do I get a rental vehicle while my vehicle is being repaired?
You can always get a rental vehicle if you are willing to pay for it. If you want the insurance company to pay for it while your vehicle is being repaired or replaced, then payment depends on several factors. If you caused the accident, check to see if your own insurance coverage includes rental vehicles. Many policies do not include rental vehicles unless it is specifically stated. If the other driver caused the accident, then you can expect the liable person’s insurance company to pay the costs of providing you with a rental vehicle. The vehicle will be a substitute for your own vehicle, that is, a vehicle of similar quality. Be sure to check with your own insurance company about insurance coverage on the rental vehicle.
Should I talk to a car accident attorney about my accident?
Yes. You have nothing to lose and potentially so much to gain. Contact the Dan Davis Law Firm today for a free consultation. If you were injured in a car accident, you will need to have a legal professional working for you. That way, you can focus on your recovery and your family.