Auto Accidents

AUTO ACCIDENTS

Personal Injury Claims

Personal injury cases arise when someone is injured by the negligent action of another. The main purpose of an injury case is to obtain fair compensation for damages that the law allows. The most common type of personal injury case arises from auto accidents.

Remember that Indiana requires that all drivers carry automobile insurance coverage of at least $25,000 per person coverage for bodily injury. Most drivers carry at least $100,000 per person coverage for bodily injury. If a case ever goes to trial in Indiana, as with every state, the defendant in any auto accident case will be represented by an attorney hired by his or her insurance company and the damages awarded by any jury will be covered by that person’s insurance company.

Property Damage Claims

What should I do if my car has been damaged in an accident?

There two basic matters that you need to concern yourself with when you consider the resolution of automobile property damage claims.

#1 Is my car totaled or can it be repaired for less than what the car is worth?

#2 Does the other driver have insurance or will I need to go through my own insurer?

Whether you deal with the other driver’s insurance company or your own, the insurance companies generally have the choice to pay the cost to repair your car or consider it totaled and pay you the fair market value of your car.

My Car is Totaled

The insurance company says my car is totaled. What happens next? You should make sure that the insurance company is offering the fair market value of the car. Be careful because some insurance companies will only offer you the “dealer to dealer” cost of a used vehicle. This is usually less than fair market value. Fair market value in Indiana is the price that a willing buyer would pay a willing seller.

Additionally, feel free to demonstrate that you took exceptional care of your vehicle as well. If you have photographs of your vehicle showing its condition--even better. Make a list of all of the repairs and upgrades, if any, that have performed and the cost to perform them. Make a list of all of the added features on the car (i.e., CD player, tinted windows, power doors and locks, security system, alloy rims, sun or moon roof).

One tool you can use is the internet. Go to websites such as www.autotrader.com and www.cars.com that provide price listings for used cars that are for sale in your general geographical area. Some websites such www.kbb.com and www.edmunds.com have tools that will assist you in valuing the options on your vehicle and you should consider using them.

My Car Can Be Repaired

If your car is repairable, then an insurance company adjuster will likely inspect the vehicle and come up with an estimate for repair or the insurance company will send you to a body shop for an estimate. If you don’t agree with these estimates, have your own estimate done if possible.

Once you have agreed upon the estimate, then the repair process usually goes fairly smoothly. Keep in mind that it is difficult to get an accurate idea of the damage until repairs have begun and therefore the original estimate is not always accurate. If there need to additions to the estimate, most body shops and insurance adjusters will work well together to work out the differences. But to protect yourself, make sure you tell your body shop not to do any work without your approval if that work, for some reason, will not be paid for by the insurance company.

Additionally, if you are having mechanical repair work done, make sure that you notify the insurance company if the car continues to experience the same mechanical problems. Most insurance companies will try to work with you on these matters to try to get the mechanical problem corrected.