Section 3
Types of Damages in Auto Accident Cases
There are two types of general damages in auto
accident cases: Property Damages and
Personal Injury Damages.
PROPERTY DAMAGES:
The Property Damages involve
the damages and costs relating to:
- Vehicles
- 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 swiftly. However, certain insurance
companies can be notoriously slow in processing property damage
claims, so your patience will be 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. You will need to rely on the negligent
parties’ liability coverage if you do not have collision coverage.
Unfortunately you may not be treated fairly by the negligent
parties’ insurance carrier 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 cannot, however force {short of litigation) the at-fault
insurance carrier to pay fairly for your damages. We will encourage
the insurance carrier, using the law and the facts in your case, to
pay fairly for your damages.
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 additional charge to you.
Usually, automobile damage is classified into
two areas - repairable or totaled. (See discussion
Section Ten,) 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 legally or physically drivable. Your declarations
page of your vehicle’s insurance policy will indicate whether you
contracted for this additional coverage.
The at-fault insurance carrier is not required
by law to furnish a replacement rental. However, at times the
at-fault carrier will agree to pay for a few days of a rental car
while your vehicle is being repaired. when it is in their overall
best interest to cooperate with us early on in the case.
PERSONAL INJURY DAMAGES:
Personal Injury
Damages are classified into the following areas:
- Ambulance Services
- Emergency Room Supplies
- Physical Aids and Appliances
- Physical Therapy
- Staff and Doctors
- Transportation
- Loss of Wages
- Medical
Specialists
- Hospital
- Pain and Suffering
- Permanent Injury or Disability
This is just a partial list of the personal injury
damages that you may have incurred as a result of an auto
accident. Because each and every case is different, we are unable to
make generalizations about the value of your case until all available
facts have been discovered and the case investigated.
We may recover Personal Injury Damages from
different coverages of both parties’ insurance policies, or in some
instances from third-party insurance policies. The person at fault in
the accident is principally responsible to pay for your injuries. As
many drivers do not have enough assets to pay for damages caused by
their negligence, we first determine if there is insurance coverage
available to pay for your damages. If the coverage is available your
lawyer then must convince the insurance company(s) that (1) the
insurance coverage includes your situation, (2) you are not at fault,
(3) you have actual damages for medical care, and (4) you have incurred
pain and suffering and/or other damages.
Your personal injury damages will be pursued
primarily from the at fault insurance carrier through the
at-fault parties' liability policy.
Several other insurance coverages may be available
to compensate you for your injuries. Our investigative personnel will
use its expertise to locate all possible insurance recoveries. You will
find some of these coverages explained in Section Nine of this website.
In some cases the at fault party has adequate
resources to pay your damages even if they are uninsured. This is
uncommon, as most people who have large sums of money also protect their
other personal assets from judgment with adequate insurance.
If you have contracted Personal Injury Protection
(PIP coverage) from your insurance carrier, you may use that coverage to
pay for your medical expenses up to the limits of your policy. The
declarations page of your vehicle's insurance policy will verify which
coverages you have contracted.
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.
Statutory Liens-Subrogation
It is important to be aware that any treatment you
receive from a hospital through Medicare or Medicaid, through worker's
compensation, or through certain other statutory protected entities,
particularly if any of these entities incurred cost for medical expenses
on injuries sustained in your auto accident, they have what is called a
statutory lien and right of subrogation on any personal injury award you
may receive. This means that they can demand payment for medical
treatment paid for by the protected entity(s), out of any settlement or
jury award that you may receive resulting from your accident. Please
understand this is a common occurrence and should this happen, you must
understand that our law firm has no control over this situation. You are
required to honor these Texas statutory laws and certain federal laws
which impose this lien and right of subrogation in personal injury
cases. As your lawyer, we are required to see that the liens are paid
out of any proceeds recovered on your case.
Subrogation by Contract
You also need to be aware of a certain contractual
obligation, known as subrogation by contract, contained in many group
health policies. What this means is that if some of the medical bills
from your accident are paid out of your group health insurance policy,
you may be responsible to repay some or all of the costs incurred for
reasonable and necessary treatment. If this applies, reimbursement will
be requested from your settlement or jury award. We will advise you if
the right of subrogation by contract applies to your case. You will need
to provide us a copy of your health insurance policy. It is necessary
for us to see the actual policy to determine your exact legal rights. If
you were never given a copy of the policy, please request a copy from
your employer. Your employer is required to provide a copy upon request.
You can request a copy from your health insurance provider, but this can
be a slow process resulting in long delays.
It is almost always advisable, even if you have
subrogation provisions, to attempt to get your health insurance carrier
to pay the cost of your medical treatment resulting from your accident.
The reason for this is that we are sometimes able to convince health
insurance providers to accept fewer subrogation funds from the final
settlement of your case. This results in a higher amount of net funds
that you will receive from your settlement.
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