Where Will the Money Come From to Pay Me?
When someone is at fault for causing injury to you,
your claims are paid under the insurance policy of the
at fault person. Depending on the case, this could be
the car insurance policy or the homeowners insurance.
If a business caused your injury, then the business
general commercial liability policy and possibly the
business umbrella policy pays your claim.
Will my Case Have to go to Court?
The majority of the cases handled by John K. Rinehardt
are settled with out having to go to court. Settlements
occur when the insurance company is made to realize
that if it goes to court it is going to lose and
finally has to offer a sum large enough to provide a
fair recovery to the victim. Sometimes the insurance
company refuses to make any offer or refuses to make a
fair offer. When this happens we are lucky to have
access to the courts. Having to face a jury is what
keeps the insurance companies in line.
What if the There is not Enough Insurance?
Every driver on the road in Ohio is supposed to have
insurance. But the scary thing is that some of the most
dangerous drivers on the road, break the law and drive
without any insurance. Some of the most careless
drivers on the road have only the very minimum
insurance coverage. What happens if you are the victim
of a driver that has no insurance? Well the first place
to look is at your own policy to see if you have
uninsured or underinsured coverage.
Uninsured motorist coverage of your own policy will pay
for any damages that you suffer, if you are hit by a
driver that does not have insurance or only has a
minimal amount of coverage. It is important for you to
know that your insurance company is not permitted to
raise your rates if the at fault driver does not have
enough insurance and you have to make a claim under
your policy.
How will I get my car fixed?
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When the damages to the car can be fixed
If
your vehicle can be repaired for less than its fair
market value, the insurance company must pay the
costs of repair. Most insurance companies employ
claims adjusters who examine vehicles and estimate
repair costs. After they have made their estimate,
they will instruct you to take it to the body shop of
your choice. If the body shop agrees to repair your
vehicle for the estimated cost, you then authorize
them to perform the work. [Note: To document the
damage and preserve evidence, you should take photos
of your vehicle showing the extent of the damages.]
If the body shop feels the estimate isn’t
enough, they will contact the claims adjuster. It is
important to make sure the body shop and claims
adjuster discuss the cost estimate, with you present,
so that there are no disagreements later as to what
the insurance company has agreed to pay and what the
body shop will accept. Sometimes the body shop will
discover additional damages during the course of
repairs. Any additional damages must be documented by
the body shop and the body shop must get approval
from the claims adjuster before making the additional
repairs.
When the body shop calls you and tells you your
vehicle is ready, it’s very important that
you closely inspect the repairs to make sure it has
been repaired to your satisfaction. If you are not
satisfied, do not sign off on the check to the body
shop. Do not accept the vehicle until it is done
right.
If the check for repairs is sent directly to you,
do not cash it if it has any "release of all
claims" wording on it. You should only cash the
check if it states, “for property damage
only” or has no release statement printed on
it. If you have any question regarding cashing the
check, please call Attorney John K. Rinehardt, who
will advise you on this issue at no charge.
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What if my car is totaled?
If the cost to
repair your vehicle exceeds its fair market value, it
is considered totaled, and the insurance company is
obligated to pay you its fair market value. Problems
frequently arise though when you and the insurance
company disagree on what the fair market value is.
Let’s say you bought a new Grand Am and
financed it for five years. In the second year, you
are rear-ended and the vehicle is totaled. You still
owe $15,000 on your loan, but the at-fault
driver’s insurance company says your vehicle's
fair market value is only $12,000, which leaves you
"upside down" on your loan by $3,000! What can you
do?
This is a common scenario. If you are facing
this situation, consider the following options:
- Ask your own automobile insurance company to
have their claims adjuster estimate your
vehicle’s fair market value (if you have
collision coverage). Many times your own insurance
company's claims adjuster will appraise the value
of your vehicle higher than the at-fault company's.
If your insurance company pays the cost of repairs,
it will then recover from the at-fault
driver’s insurance company. When it does
this, you are entitled to get back your deductible
amount. In addition, because your company recovers
its money, your premium rates are not
affected.
- Try working a "collateral exchange." Your
wrecked vehicle was the collateral on the loan to
the finance company. The finance company shouldn't
care whether it has your vehicle as collateral or
another of equal value. Therefore, if your finance
company agrees, the insurance company can pay the
amount it determines your wrecked vehicle is worth
to the dealership. With that money, you go to the
dealership that sold you your original vehicle, and
buy another one, which is then added onto your
finance agreement as the new collateral. You
continue to make your payments as before. But for a
collateral exchange like this to work, everyone
must agree, including the finance company, which
can sometimes be an obstacle.
- Try buying another vehicle and financing the
$3,000 balance owed into the purchase price,
allowing you to pay over time, while enjoying your
new vehicle. For this to work, you will have to
deal with the same dealership that sold you the
original vehicle.
- If you had made any recent repairs to your
vehicle, you should provide copies of the receipts
to the claims adjuster. Your recent repair costs
can help you to show that your vehicle had a value
greater than the “average” vehicle of
that make and model.
- Did you purchase Credit Life Insurance or
Credit Disability Insurance with your vehicle? If
so, you are entitled to a rebate of that portion of
the premium that was “unearned.”
- If have an extended warranty on your vehicle,
you must contact the dealership to make sure that
you are refunded the unused portion of the premium
you paid for it.
DEPRECIATION: If your vehicle is repairable,
but the cost of repairs is more than 25% of the value of
your vehicle, and your vehicle is less than five years
old, you may be entitled to depreciation from the
at-fault driver's insurance company. This is a gray area
of the law in Ohio. Your entitlement to depreciation and
the amount of depreciation is a matter of negotiation.
Try to get a statement from the body shop or someone you
know at a dealership regarding the amount of
depreciation, and give a copy to the adjuster.
Do I get a RENTAL car?
If your vehicle is repairable, the insurance company is
obligated to provide you with a similar rental vehicle
during the time reasonably necessary for repairs to be
made. If your vehicle is totaled, the insurance company
must provide you with a rental vehicle for a reasonable
time to allow you to replace your vehicle. Generally,
once the insurance company makes an offer on the total
loss (even if you do not agree that it is the fair
market value), they will terminate your right to a
rental vehicle.
What is GAP INSURANCE?
This is coverage, offered by some insurance companies,
that pays any "gap" between your loan payoff and the
value of your vehicle if your vehicle is totaled. If
you don't have it now, and you have financed your
vehicle for three to five years, you might want to
purchase this coverage. Talk to your insurance agent.
It's cheap, and really comes in handy if you are in a
bad wreck.
If you have questions and would like to talk with an
attorney, John K. Rinehardt offers initial
consultations on accident claims without charge
Is a lawyer needed for every case?
Not everyone who is in an accident needs a lawyer. If
your medical bills are less than $1,000, and your
injuries have completely healed within thirty days or
so then you can probably handle your case on your own.
If you are going to handle it on your own you should
contact the insurance company for the at fault driver,
get the name and phone number of the adjuster. You can
then call the adjuster and discuss your claim. In your
discussion of your claim with the adjuster you are
entitled to have the insurance company pay you to make
up for your losses, including your pain and suffering.
What will I need to prove my case?
The most important thing you can do is get as much
evidence as possible.
To protect your right to be compensated for injuries
suffered in an a car wreck or any type of accident you
must document how the accident happened and what
injuries you suffered.
In every case, the goal should is gather evidence that
will prove: - that someone else was at fault for the
accident and - the nature and extent of the injuries
you suffered.
To preserve evidence showing that the car wreck was the
other driver’s fault:
- Photograph the accident scene.
- Measure the length of any skid marks or gouge marks
in the roadway.
- Photograph the interiors and exteriors of all
vehicles involved in the accident. [Note: If you
believe the injuries to you or your passengers were
caused by a defect in your vehicle, such as the failure
of an air bag to deploy or the collapse of your
seatback, it is crucial that your vehicle not even be
repaired or destroyed, until an automotive design
expert has inspected it.]
- Get the name, address and phone number of anyone
who witnessed the accident or who arrived at the scene
shortly after.
- Check all road signs and markings at the accident
scene to ensure that they meet Traffic Code
Standards.
It is very important to document the evidence as early
as possible. Getting this evidence is important in
every case and can be done by you or a friend or
relative. In serious injury accident cases, my
investigators arrive on the accident scene within 48
hours after I receive your call. They document as much
evidence as possible by photographing the scene,
locating and photographing all vehicles involved,
taking measurements, and contacting and obtaining
statements from all witnesses. It’s important to
act quickly because the marks on the roadway may
disappear, witnesses may move or their memories may
fade, and the vehicles may be destroyed. The police or
highway patrol will document some of the evidence in
their investigations, but they are often limited by
time and often want to get traffic flowing again as
soon as possible.
In addition to proving someone else was at fault, you
need to document evidence of the injuries sustained by
you and your passengers. To document damages you
should:
- Photograph all areas of visible injury as soon as
possible and take additional photographs during the
recovery process to show the stages of recovery.
- See your doctor as soon as possible after the
accident and describe every area where you are
experiencing pain or having other problems. This is
extremely important! For example, if you fractured your
leg in the accident, you may feel the most pain in your
leg, but also notice your back hurts. It’s very
important that you tell your doctors about your back
pain as well. It’s possible that your back is
injured and may continue to be a problem long after you
recover from your broken leg. If you don’t have
your doctor document your back pain, the insurance
company will try to claim that your back injury is not
a result of the accident.
- Keep receipts for all of your out of pocket
expenses resulting from the accident. For example, gas
spent traveling to and from the hospital and
doctor’s office, hotel and meal expenses, any
medical supplies, bandages, rental of hospital beds,
etc.
- Track all the time your family or friends spent
helping you, so that they can be reimbursed at the
successful conclusion of your claim. For example, a
family member takes off work to drive you to the
doctor, or if they help you with your household
chores.
Insurance Adjuster: Friend or Foe?
Remember,
the insurance company employs the claims adjusters.
They are professionals. It’s the insurance
adjuster’s job to pay as little as possible in
order to pad the insurance company’s profits. You
are not on a level playing field. You have no idea of
what a fair settlement would be, giving the adjuster an
unfair advantage. The insurance company will want to
record your statement by coming to your house or
recording your phone call. The insurance adjuster wants
to record your statement not to help you but to be able
to use your words against you later.
The insurance company’s adjuster may ask a
question like “Tell me about the things that you
could have done to prevent this accident?”
Beware! This question assumes that there was
something you could have done to avoid the crash.
Questions like this are not for your benefit. Actually,
insurance adjusters are trained to ask questions which
they may use to reduce the payment they have to make to
you. I recommend that you not give any statements until
you have met with an attorney who can inform you of
your legal rights.
The adjuster will try to force you to sign a medical
release that gives him access to all of your medical
records. If you sign the medical release this would
allow the insurance company to even those records that
have nothing to do with the injuries you suffered in
the crash.