Car Collisions and Property Damage Claims
If you were just in a serious car crash, you should be rightfully concerned about your health, medical condition and injuries. You will need a rental car and may have to shop for a new car if your car was totaled. But what about your child’s car seat? Car seat manufacturers and the NHTSA urge parents and child caregivers to dispose of car seats in vehicles at the time of a collision. Even if airbags did not deploy, using a damaged car seat is extremely dangerous. If the other driver was at fault, you may have a property damage claim for the car seat.
Property Damages Claim
If you were not at fault in the collision, you can file a demand letter with your insurance company or the at fault insurance company requesting reimbursement for property damage, including your vehicle, new parts, and contents of the vehicle, such as a car seat. As long as you can produce receipts, you should be reimbursed. More importantly, a car seat can single-handedly protect your child in the event of an accident. It is one safety item you simply cannot go without or skimp on. Using a car seat after a collision is dangerous, and it also voids the warranty issued by the manufacturer. These seats are expensive. You should not have to pay out of pocket for necessary personal property as a result of another driver’s negligence.
You are also entitled to the fair market value of your vehicle, costs for repairs if the vehicle is not declared a total loss, and rental car bills while your car is being fixed. If you recently made repairs before the accident, you might be entitled to damages for these items, such as a brand new tire or battery, or new windshield replacement, if you can produce receipts. Similarly, if you made custom modifications, installed an expensive radio or speakers for example, those items could be added to the total value of your vehicle. Adjusters determine if a vehicle is a total loss if the cost of repairs outweighs the value of the vehicle as a whole. In that case, they use fair market value to reimburse you. They determine this figure by comparing listings from similar vehicles (make, model, year and mileage) on the market. You can request other estimates from auto collision experts before you accept the insurance company’s offer.
Personal Injury Protection “PIP”
Personal injury protection is additional coverage you can elect when you choose a car insurance plan. This injury protection allows you to seek medical treatment immediately after an accident even if the other driver has not admitted fault yet. Most policies offer between $5,000 and $30,000 in independent PIP coverage paid out of annual deductibles. If you do not have PIP and the other driver has admitted fault, you can file a personal injury claim with the at fault party’s adjuster and their insurance company is required to pay for your medical bills. If the other party is disputing liability, do not give up and do not settle for less than you deserve. Contact our personal injury lawyers at Rocky Mountain Personal Injury Center as soon as possible. We will go to work for you and ensure you receive the care you deserve with little to no out of pocket costs.
Contact Rocky Mountain Personal Injury Center
If you or a loved one were recently in a collision with another vehicle or tractor trailer, it is important you do not delay. Notify your insurance company of the incident so that a claim can be opened. Even if the other driver is dodging phone calls or liability, their insurance company can unilaterally accept fault on their behalf. Remember though, that the insurer is not interested in ensuring all your needs are met. They may value your vehicle for less than it is worth, fail to honor your property damage claims or approve medical costs. Contact our attorneys at Rocky Mountain Personal Injury Center to schedule a consultation and review your options when it comes to Car Collisions and Property Damage Claims.
