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Article Directory :: Legal Articles
If you have been in an accident and are working with your insurance company or the at fault party's insurance company, it is important to have knowledge of the process to avoid an unfair settlement. The following tips will help you receive a fair settlement for your vehicle.
1. Should I have my own insurance company handle the property damage? Even though the accident was not your fault, your own insurance company may offer to handle the property damage claim. This has pros and cons. Typically your own insurance company can handle the claim much faster than the at fault driver's insurance company. While the at fault driver's insurance company will not provide you with a rental car or work on the body damage until they've spoken with their insured or obtained a copy of the full police report, your own insurance company is able to move forward without this information. However, your own insurance company will require you to pay your deductible. This will be deducted from your check. This can be a financial hardship for some people. Rest assured that once the at fault driver's insurance company accepts responsibility for the accident, they will reimburse your insurance company for the property damage claim and your deductible.
2. If you choose to have your own insurance company handle the property damage claim, you can only receive a rental car for the amount permitted in your insurance contract. If your contract allows for 20 days of rental car coverage and it takes 30 days to repair the car, you will be responsible for the extra 10 days in rental fees.
3. What can I do when the insurance company wants to repair my vehicle with used parts? Since your car was not new at the time of the accident, the insurance company has a right to repair the vehicle with used parts. However, the used parts must be comparable in quality and age. Even though the part is used, the repair shop will use a part from the same manufacturer, same year and of the same quality as the original part. Used parts come from a nationally based locating system and can arrive in 1-2 business days. Whereas, new parts come from the manufacturer or dealerships and typically take weeks before delivery.
4. Many times throughout the repair process, the body shop will discover additional damage that was not initially approved by the insurance company. When this happens the body shop will document the additional damage by taking photographs or asking the insurance adjuster to com to the body shop and inspect the damage. Unless the insurance company can prove that the additional damage is not accident related, they will be obligated to repair it. This will be handled by the body shop repairing your car.
5. If you are unhappy with the repair work done on the vehicle, it is best to return to the original body shop and explain why you are unhappy. Most body shops will do everything in their power to make the customer happy. If the body shop refuses to address your concerns, take the vehicle to other local body shops and have them document what should have been done by the shop, but was not. You can then provide the insurance company with this information.
I hope these tips have helped inform the consumer of some of the things they may expect if they find themselves in the midst of a property damage claim.
About The Author
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".
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