Types of Damages in Auto Accident Cases
There are two types of general damages in auto accident case: Property Damages and Personal Injury Damages.Property Damages
(Property Damage relates to the damages and costs to the following:)
- Damage to Personal Belongings resulting from the Accident
- Towing Costs
- Vehicle Storage Fees
- Appraisals, if necessary
- Public or Private Property Damaged by the Accident
- Body Shop Repairs
- Replacement Costs
Our law firm can and will evaluate your property damage claim. Property damage claims are usually resolved property damage claims swiftly. However, certain insurance companies can be notoriously slow in processing property damage claims, so your patience is sometimes necessary.
Many automobile owners have collision coverage on their vehicle. It is this collision coverage that pays for property damage to their own vehicle, whether the damage was caused by themselves or someone else who cannot be found or is unable to pay for the damages. Using collision coverage can speed the process of restoring your vehicle. If you do not have "Collision Coverage" you will need to rely on the negligent party's liability insurance coverage. Unfortunately, some insurance companies can move slowly since they may feel it is in their best interest to do so. It is at those times, we will see to it that your rights are protected and negotiate to get the justice you deserve.
We do not advise you to try and settle your property damage claim on your own. Unlike many law firms, we will assist you with the settlement of your property damage claim at no fee or expense to you.
Usually, automobile damage is classified into two areas - repairable or totaled.
Your vehicle will most likely be totaled by the insurance company if the cost to repair your automobile is more than the current fair market value. It is important to note that in some instances the fair market value of the totaled vehicle may be less than what is still owed to a bank or finance company. If this problem arises we will advise you of your rights.
You may qualify for the use of a rental vehicle from your own insurance company if your damaged, but repairable, vehicle is not drivable. Your declarations page of your vehicle’s insurance policy will indicate whether you contracted for this additional coverage.
(Personal Injury Damages are classified into the following areas:)
- Ambulance Services
- Emergency Room Supplies
- Physical Aids and Appliances
- Physical Therapy
- Staff and Doctors
- Loss of Wages
- Medical Specialists
- Pain and Suffering
- Permanent Injury or Disability
This list is only a partial list of the personal injury damages that you may have incurred as a result of an auto accident. We can recover Personal Injury Damages from different insurance coverage. The person at fault in the accident is principally responsible to pay for your injuries. However many drivers do not have enough insurance coverage to pay for damages caused by their negligence. We will assist in determining if there is insurance coverage and if so how much coverage is available to pay for your damages. If the coverage that is available is not sufficient we will look for additional coverage.
Several other insurance coverage may be available to compensate you for your injuries. Our staff will use its expertise to locate all possible insurance policies.
If you have Personal Injury Protection (PIP coverage), you may use that coverage to pay for your medical expenses and lost wages up to the limits of the PIP policy. The declarations page of your vehicle's insurance policy will verify which coverage you have purchased. If you find you do not have PIP coverage you may still be eligible for the coverage as long as you did not sign a form rejecting PIP at the time you purchased the insurance coverage. The law requires that the insurance company pay you as if you contracted for the coverage. If you believe you did not sign a PIP rejection of coverage, we can demand that your insurance company produce the signed rejection. If your insurance carrier does not produce the rejection form with your signature, they are obligated by law to honor your PIP claim as though you had contracted PIP coverage. PIP coverage in the state of Texas is $2,500.00 minimum.