In order to verify the worth of your accident claim, you should know first how the insurance companies appraise any claim. Most insurance providers assess an injury claim based on the type of accident, amount of damages and extent of mistake or liability. Hence, you may seek assistance from an accident lawyer for you to be properly guided and represented in pursuing a vehicle accident claim.
Usually, the insurance companies pay for the following damages:
Medical Bills These include cost of the victim’s medical treatment and rehabilitation like doctor’s fees, hospital billings, medicines, physical therapist, treatment apparatus and other things that are necessary for the his or her fast recovery. However, these expenses can only be recovered if they are connected with your incurred injury. The cost medical check up, which will be used as evidence in future filing of cases, is not recoverable. If you are able to figure out the entire amount of your medical treatment, then you can have an estimation of the total worth of your injury claim. Generally, the value of a claim can be guessed based on the cost of the medical expenditures.
Future Medical Expenses You can obtain this compensation if you were able to that your incurred injury requires a continuous medical treatment. The recommendation and judgment of your physician or medical treatment provider may establish the value of the said damage.
Lost Wages Since you have been unable to perform your job due to your injury or disability, you have also lost an opportunity to earn money. The law entitles an injury victim to acquire the amount that he or she has lost from the time of the accident to the time of the verdict. Nonetheless, if you happen to be jobless, you may still obtain this compensation if you are able to prove that you are capable of earning money efficiently for that period.
Damage in Property This will allow you to demand payments for the damages caused by the accident on your vehicle or any other property.
Loss of Capability to be Financially Productive These damages can be computed based on your past income or you possible earnings in the future. You may demand for this type of compensation if you believe that your sustained injury impedes you to earn money in the future.
Loss of Companionship Due to your injury or disability suffered from a vehicle accident, your capacity to provide affection, support and sexual affair to your spouse. The uninjured spouse may only acquire the claim if and only if the claim of the injured spouse has been approved.
Pain and Suffering These damages are awarded to cover your physical pain that resulted from the accident. The amount can be determined based on the severity of the suffering and the period it may possibly affect you.
Mental Distress You can get recompense from the defendant as regards to your sustained emotional and mental agony that happened after the accident. This includes payment for anxiety, loss of dignity and fright.
Has your vehicle lost value after an auto accident? How many of us would agree to pay the full fair market value for a car that we knew had received substantial property damage in an accident? One of the basic questions any buyer asks before purchasing a car is whether it's been damaged in an accident. Professional auto buyers are trained for the signs indicating body repair damage on a car. The average person knows they should always request a Carfax report on a vehicle before purchasing it. This is because we all recognize that vehicles lose their value after the vehicle sustains substantial damage in an accident. Vehicles simply are not worth as much as a vehicle that has never been damaged.
Florida recognizes the existence of a tort claim for diminished value of a vehicle against the tortfeaser (the party causing the accident). These claims do not exist in first-party cases, those in which your own insurance company has paid for the repairs under their contract of insurance with you. First-party claims are governed by the law of contracts and not by the law of tort actions. The claim for diminished value of your vehicle is just one of the claims for damages which may be pursued under Florida's tort laws, in addition to the more well known claims for bodily injury. Diminished value claims may also be called lost value, reduced value, or reduction in the value claims. It could be argued diminished value claims should apply to any vehicle including trucks, motorcycles, autos or automobiles, boats, trailers, and even wheelchairs.
The measure of damages has been addressed in at least two cases. Florida's Third District Court of Appeals in the case of McHale v. Farm Bureau Mutual Insurance Co. 409 So.2d 238 (1982) stated the proper measure of damages is the cost of repair, plus the reduction in the value of the vehicle. The burden of proving the reduction in the value of the vehicle is on the plaintiff bringing the claim.
Progressive Insurance Company, in Siegle v. Progressive Consumer's Insurance Company, 819 So.2d 732 (Fla. 2002), was sued by one of its own insureds for a diminished value of the vehicle which it had repaired for their insured. In Progressive's legal brief to the court, they argued that, while a diminished value claim would not exist in Florida against them by their own insured, third parties would be entitled to seek recovery on their claims for loss of value. Thus, while denying the existence of these claims in first party cases, Progressive acknowledged they do exist in tort for third-party claims.
We always recommend our clients obtain quality photographs of their vehicle showing the damage sustained, prior to repair. Once we obtain the repair records, an appropriate expert may be obtained to give an opinion on the loss of value of the vehicle after its repair. There is nothing in reported cases which requires that the vehicle must have been sold or traded in order to pursue this claim. The actual loss sustained, of course, must be proved and must be substantial enough to warrant the time and expense required to pursue these claims successfully.
Both Rainier Policarpio & James Dodson are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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