Your Automobile Insurance
Many people look first to the at-fault party’s insurance to settle their claim; but your own insurance policy may also provide you with benefits and coverage you should know about.
- Medical Payments Coverage
This coverage is for medical bills for you and your passengers that is available to you regardless of fault if you have selected this coverage. The coverage is typically $1,000 to $2,000, but it can be any amount you have selected.
- Uninsured/Underinsured Motorist Coverage
If you carry this type of insurance and the at-fault driver did not carry sufficient insurance to cover all of the injuries caused by this accident, your insurance will compensate you for your injury up to the amount of coverage you have contracted for.
- Your Health Insurance
Unpaid medical bills can adversely impact your credit rating. If possible, you should use your health insurance to pay your medical bills. The at-fault party’s auto insurance does not pay for medical care while you are being treated. If you fail to use your health insurance, the unpaid bills will have to be paid for out of your settlement. You may also want to contact an attorney to represent you to provide healthcare providers with a “letter of protection” stating that medical bills will be paid out of the settlement proceeds and all valid medical liens will be honored.
At-Fault Driver’s Liability Insurance
- Property Damage
Vehicle Repairs
The insurance company will pay for the repairs to your vehicle and provide you with a rental car for the time that you are without a car UNLESS your car is a total loss. (You may also be able to turn to your own coverage to obtain a rental vehicle.)
Total Loss
If your car is not able to be repaired, or when the costs of the repairs exceed 60-75% of the fair market value of your car, it is considered a total loss. (Depending on your particular situation, it may be beneficial to have another adjuster evaluate your vehicle if it is close to a total loss, but not deemed one.)
Fair Market Value
The fair market value is the amount of money your car would cost as of the date of the accident. While the insurance company may use their own evaluation process, you can make your own evaluation using Kelly Blue Book at www.kbb.com or North American Dealers Association at www.nada.com. If you owe the finance company more than the car is worth, the insurance company is required only to pay you the amount that the vehicle is worth or fair market value.
Loss Of Value
In certain situations following a repair of your vehicle, you may be entitled to a loss of value claim. (i.e. the difference in the value of your car before the accident and the value following repairs when there is a damage disclosure required.)
- Bodily Injuries
After you have been released by all medical providers at the maximum medical improvement, the insurance company will settle your case in one lump sum. You are entitled to recover for your Medical Bills, Lost Wages, Pain and Suffering, Mental Anguish, Disfiguring Scars and Permanent Physical Injury. It is important that you seek the appropriate medical care for your injuries because your testimony alone will not be sufficient to document your injuries. If you cannot prove your case in a court of law, then the insurance company will not pay for your injuries in settlement.
For further information see: Some Do’s And Don’ts Of Auto Injury Claims and Automobile, Truck, Boating And Motorcycle Accidents.
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Dallas, Texas Car Accident lawyers at Scott H. Palmer proudly serve Dallas and Fort Worth, TX with auto injury, truck, boat, motorcycle accident needs.
