When two cars collide, there may be damage on both of them. An insurance adjuster inspects the damaged vehicles, in order to determine the extent of the damage. The method used to obtain payment for the damage differs from state to state.
In a no-fault state, the driver’s insurance company pays for the damage, regardless of who was at fault. Yet that does not always keep the same driver from pursuing a claim against the driver that had caused the appearance of that same damage. In some states, that second driver can be sued, with the help of a personal injury lawyer in Lindsay even though the insurer has paid for damage to the car.
Procedure for claiming damages
The insurance company of an injured driver will pay for damages, if the injured driver has paid for collision coverage. The limit established for that coverage determines how extensively any damage will get covered by the insurer. The policy holder can expect to be covered up to the limit stated in the policy with the collision coverage.
It could be that the insurer feels that there is no good way to repair the damaged vehicle. In that case, the insurer will declare the car a total loss. Once a car has been declared a total loss, the insurance company has the right to seize it.
Possible actions that can be taken by the policy holder with the damaged automobile
Dispute the valuation made by the insurer. Strengthen the argument that forms the basis for the dispute. Present two different pieces of evidence: evidence of the car’s worth and evidence of the car’s value. Pictures can serve as proof of the car’s condition; an appraiser can attest to its value.
Speak with the insurer and seek to gain permission to keep the damaged vehicle. It does not hurt to ask, although it can become difficult to gain permission to keep an automobile that has been totaled. Insurers expect to negotiate with a policy holder, regarding the size of the compensation for a given accident; they do not anticipate a challenge to the insurance company’s right to take possession of a totaled car.
Some family members may assume an unusual role. Sometimes someone that has hesitated to question the soundness of the insurer’s offer in the past suddenly disputes the demand for possession of the damaged vehicle.
The loudest protest is sure to come from anyone that has to keep making car payments, even though such payments will no longer guarantee access to ready transportation. By the same token, anyone that has paid in full for the damaged vehicle will feel at least a twinge of remorse. Still, those protests seldom change the course of the damage claim process.