Car Insurance Policies and the "Duty to Defend". In general, all car insurance policies contain language stating that the insurer will provide a lawyer for the policyholder if he or she gets into a car accident and is sued for damages resulting from the crash. This is part of the insurance's company's contractual "duty to defend," which is an ...
Aug 16, 2019 · In the case of auto accidents, it might not always be completely apparent if victims should just go through insurance or if they should hire a car accident lawyer. At Weinstein Legal, we understand that at the time of an accident, these decisions can be incredibly difficult to make. Likewise, placing your trust in a law firm can seem intimidating.
Information a lawyer might use to benefit your case may become unavailable or lost by the time you seek legal counsel. The insurance company is working on the case within days of the accident occurring. You should also have appropriate representation as soon as possible so that your interests are safeguarded.
Jul 24, 2020 · My car was parked and crashed into by someone driving reckless I was not aware in the car I filled the claim thru the at fault driver insurance company the adjuster totaled out my car but stated I have to wait to be compensated for my loss what does that mean for me to get a lawyer even though I wasn’t in the car but have the police report
The state of Florida operates under a "no-fault" system, which is enforced by Florida Statute 627.736.
If you've suffered minor injuries that your PIP benefits can cover, it is unlikely that you need the assistance of a personal injury lawyer. When you are clearly not injured, or are only concerned with the damage to your vehicle, you may not require a personal injury lawyer to represent you.
After you've filed a claim with the at-fault driver's insurance company, the responsibility lies with their insurer to determine the value of your damages. However, this can become a problem if the insurance company:
At Whitley Law Firm, our insurance lawyers work daily with numerous insurance companies and keep current with the specialized laws and regulations affecting accident cases. We have a substantial amount of experience and only handle cases like yours. And we also treat clients like people – not just another case file.
No. Most cases are settled without a trial. In fact, less than 5% of such cases actually end up in trial. Sometimes we also get cases resolved by arbitration or mediation – both of which are much faster and less stressful than a trial.
Yes. Even if a friend or family member caused your accident, you can usually be fully compensated. A claim can be made against the insurance company with nothing out of the pocket of your friend or family member, even though they caused the accident. In the past, my family has used a general practice attorney for wills and family law issues.
There are many types of insurance. Depending on the circumstances, you might be entitled to benefits from more than one policy. But be careful. The insurance adjuster who calls you probably represents only the liability insurance for the other driver. If you sign the release he gives you, you might lose your rights to get benefits ...
If you decide to fight the at-fault driver's insurer on your own you'll need a lawyer — especially if you've been seriously injured. An attorney can help you navigate the sometimes-murky laws that govern insurance. But keep in mind that if you hire an attorney, he will take a cut of any settlement he helps you get.
The at-fault driver's insurer may tell you to seek payment from your own insurer because it has no evidence of its policyholder's fault. Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts, or to deny claims when its liability is reasonably clear, you may not want to fight the other person's insurance company.
It’s vital to get complete information on the other party at the accident scene. Collect the following: 1 Other driver's name and address 2 Other driver's insurance company name and policy information 3 Statements and contact information from witnesses 4 Take pictures of the accident scene -- most smartphone cameras are suitable. If you can take pictures of the cars as they sit right after the accident it is best. If you had to move due to safety concerns, then take photos of the damage to each vehicle.
What is a third-party claim? Here are some tips to ensure you maintain your cool — and your sanity — when making a claim with someone else’s auto insurance company, known as a third-party claim. (Making a claim with your own insurer is a first-party claim).
First, inform the other person's insurer that you have been involved in a crash with one of its policyholders. Relay only the facts of the accident, even if you believe the other driver to be at fault, it’s not smart to just say that. Instead, give the insurer the facts to show their driver is at fault and liable for your damages.
Even if you're not at fault, you can make a claim with your insurance company for payment of damages and injuries -- if you have the right coverages . If you have collision insurance, file a claim with your own carrier. It will pay for the cost of repairs or total loss of your vehicle.
Replacement cost is the amount of money it would take to replace your vehicle with a similar one. Depreciation is the amount of money your car has devalued over time. The insurer also should pay for the sales tax on the new vehicle that you purchase with the insurance money.
Insurance companies always have a financial interest in protecting the interests of their client. And of course, they have an interest in protecting their own financial interests. They represent both interests by doing two things as much as they can: 1 Denying the maximum number of car accident claims outright. 2 Negotiating the lowest possible settlement possible on other car accident claims.
June 30, 2020 at 11:25 am. In most cases, the at-fault driver is responsible for all the economic and non-economic damages that stem from the accident. This includes physical injuries, property damage, and lost wages. It sounds like your insurance company paid some bills and was reimbursed from the other insurer.
First, let's explain what a "PIP settlement offer" is, in case readers aren't familiar with the term. "PIP" stands for "personal injury protection, " and this is a type of insurance coverage that almost always kicks in when someone is injured in a car accident, and they live in one of the dozen or so no-fault car insurance states.
PIP insurance protection (which is mandatory for most drivers in no fault states) will pay your medical bills and your lost earnings stemming from the accident and your injuries, usually up to the amount of your claim -- or up to your state's no fault limit, whichever is lower .
If the other driver is at fault, get the other driver's contact and insurance information and call their insurance company directly to file a claim. Ideally, the insurance company will claim liability and provide a rental car promptly. However, delays often occur.
Generally, fault may be determined through the testimony given by the drivers and witnesses, documented evidence, and, largely, by the police report filed on scene. We recommend photographing the scene and damage and recording witness contact information in order to defend your case.
If your car is deemed a total loss, rental coverage typically ends as soon as a settlement is offered.
Reasonable expenses also imply an appropriate duration for the rental period. If your car repairs are delayed because the insurance company, or the other driver, is slow to respond, you should be covered until your own car is available.
If it does, your insurance company may cover your rental fees and seek reimbursement from the other insurance company on your behalf. If your policy doesn't include rental reimbursement, you'll need to pay for the rental and seek reimbursement from the at-fault driver's insurance company yourself. Be sure to select a rental vehicle ...
If you need your rental immediately, you may need to front the rental costs yourself or rent through your own insurance company, then seek reimbursement from the other driver's insurer later. If you're at fault for an accident, or if your car was damaged in a non-collision event, your rental fees will only be covered if you added ...
In those circumstances, if you don't speak with the other driver's car insurance company, it will be a long time before you get a settlement check from the other insurance company , if at all. Ideally, your attorney or a representative from your own car insurance company will talk to the other driver's insurer, but this isn't always possible ...
After a car accident, you may receive a call from the other driver's insurance company, regardless of how clear it may be that the other driver was at fault for the crash. Even in situations where you're at fault, the other driver's insurance company could still contact you. Either way, you need to be careful with the information you provide to ...
The purpose of a recorded or written statement is to lock you into a certain version of events, including the extent of your injuries or property damage. However, what you know or feel can easily change just days after the accident. Fourth, do not guess or speculate as to what happened. If you don't know, it's okay to tell ...
The company does not have your interests in mind. It wants to find evidence that you were at fault for the accident, and that your damages or injuries are minor (or nonexistent). So, you shouldn't tell the insurer that you feel fine or that your injuries are minor.
Emily Delbridge is an authority on car insurance and loans who contributed to The Balance for nine years. Delbridge is a licensed Personal Lines Insurance Agent who has been in the insurance business since 2005. Since joining the industry, she has significantly contributed to the book of business for independent agency, Great Michigan Insurance.
Black Americans pay much more than White Americans for car insurance, which is required by law in nearly every state. A 2015 study found that good drivers who live in Black neighborhoods are charged more than good drivers who live in White communities—a lot more. As more research is done on the issue, more public pressure will likely lead ...