Diminished Value and Other Car Crash Insurance Issues
After a car crash, most people deal with an insurance adjuster long before they https://eduardozobr230.moderncairn.com/posts/nhtsa-traffic-crash-statistics-on-speeding-and-drunk-driving think about a lawsuit. An adjuster evaluates the claim on behalf of the insurance company, and some common practices can reduce the value of a claim if they go unnoticed. Knowing these practices is one reason people speak with an auto accident lawyer before they sign anything.
Recorded statements and medical authorizations
An adjuster for the other driver may call within days to request a recorded statement. There is usually no obligation to give one to the other side's insurer, although a person's own policy may require cooperation with their own insurer. Comments made while hurting or medicated can later be used to dispute the claim. Adjusters sometimes send broad medical authorizations that open records unrelated to the crash. A car accident attorney usually limits what is shared to records related to the crash.
Early offers and disputed injuries
An early settlement offer can arrive before the full extent of an injury is known. Accepting usually means signing a release that ends the injury claim. Insurers may argue that light vehicle damage means no one could have been hurt, or they may point to preexisting conditions and gaps in treatment. Many also raise comparative negligence, assigning a share of the fault to the injured driver.
When the car is repaired or totaled
The property damage part of a claim usually resolves sooner than the injury part. If the car can be repaired, the insurer writes an estimate, and the shop may find more damage once the car is taken apart. Whether aftermarket parts may be used depends on the policy and state law. If repairs would cost more than a threshold set by state law or the insurer, the car is declared a total loss. The insurer then owes the actual cash value, meaning the market value just before the crash. Listings for comparable cars can support a higher number, and gap insurance, if purchased, may cover a remaining loan balance.
Rental cars and loss of use
The at-fault driver's insurer may owe the reasonable cost of a rental car, or payment for loss of use, while repairs are underway. The length of that period is often disputed, especially when parts are back-ordered or the inspection is delayed. Rental coverage under a person's own policy usually has a daily cap and a limit on the number of days. Receipts and a log of calls with the adjuster help support the claim.
Diminished value
A repaired car with a crash history often sells for less than one without. That difference is called diminished value. Whether it can be recovered depends on the state and the type of claim. Third-party claims against the at-fault driver's insurer are more often allowed than claims under a person's own policy, which may exclude it. An independent appraisal and the vehicle history report help document the loss. An automobile accident lawyer will know the rule in the state where the crash happened.
Complaints and general information
Each state has an insurance department that takes consumer complaints, and some states have bad faith laws for unreasonable claim handling. This article is general information, not legal advice, and no article can promise any result.