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LAST UPDATED: 2007

Avoid bringing your car to the insurance company shop or the drive-through service. It provides the insurance company with an opportunity to take photographs of you and observe you getting in and out of the car. Insurance claims representatives are very skilled. In dealing with your property damage, they frequently take the opportunity to evaluate you as a person, your injuries and your lifestyle. The information could later be used against you if you decide to make a claim for bodily injury. Have a friend take your car in for the damage appraisal or request the insurance company go to the location of the parked car. Obtain your own damage estimates. Please provide us with copies. Even if your car is a "total loss," it is still important to obtain an estimate to prove it was a "total loss."

Typically in a car crash case, you will be concerned with, initially, the payment of your car damage repair. We sometimes handle this for clients as a professional courtesy, although often times your property damage may be resolved by the time you obtain an attorney. Otherwise, some of the things you need to be aware of in handling property damage claims are as follows:

You may have the right to have your car repaired at the body shop of your choice. You need not accept the insurance company's property damage appraisal of the actual repair costs. Take your car to your selected body shop, and present a written estimate to the insurance company. Make sure you retain 2 or 3 written estimates from different body shops. Do not rely solely on an insurance company's estimate.

Be satisfied that your car is returned to pre-collision condition before signing any insurance company check or property damage release. Otherwise, you may waive your right to further repairs.

Total loss means that the cost of repair exceeds the reasonable retail market value for your car in the condition it was in at the time of the accident.

When your car is a total loss, the insurance company is obligated to pay you for the market value of your car in the condition it was in before the collision. Market value can be determined by looking in classified ads for similar cars with similar mileage as yours. Ask car dealers what a similar car sells for in their lot. Obtain written estimates for retail values of your car from a salesperson.

In negotiating the value of your car, let the insurance company know of any recent repairs, any special accessories and the value of any damaged contents. Show the company recent receipts of all service and maintenance records.

An insurance company is not responsible for an outstanding loan or lease balance in excess of market value. So, if you bought a car and were making monthly payments, you may unfortunately owe more than what the car is actually worth. You will not be entitled to recover compensation for the loan balance if the car is worthless unless you have what is called �gap� insurance on your vehicle. Please contact your agent to determine if you have this coverage.

You are also entitled to recover pro-rated licensing fees on the balance remaining on the annual license and sales tax on the total loss value. If an accident is another's fault, that person's insurance company should provide you with a rental car while your car is in the repair shop or until the insurer makes a reasonable offer to settle a "total loss" on your vehicle. If the at-fault driver is uninsured, your right to a rental car is subject to the terms of your own insurance policy.

You may have the right to either a rental car or loss of use compensation for each day you are unable to use your car until your car is declared a total loss or until your car is repaired.

Contact the insurance company for pre-authorization of all rentals. They will direct you to local car rental companies.

If there is a delay in obtaining a rental car, you may be entitled to compensation for the "loss of use" of your vehicle for each day you have been deprived of its "use."

If you have collision coverage on your vehicle, you may not need additional rental car property damage insurance. Please check with your agent. If you do not have collision coverage you probably will be required to pay for insurance coverage on the rental car. This rental car insurance is not compensable. You will not be reimbursed for insurance on a rental car.

Most car rental companies want your business and most will have a drop-off and pick-up service if you request it, at no additional charge. It seems many times that after a car accident, once the property damage is resolved and the car damage is resolved, people start focusing on their injuries unless their injuries are so serious that they are hospitalized initially following the accident. In serious cases like this, we like to get involved immediately at the start. Photographs need to be taken of the injured party in the hospital. Photographs need to be taken out at the accident scene. Witness statements need to be taken immediately. All this information is necessary to secure before the evidence changes or is lost and the memories of witnesses suddenly change after speaking with insurance adjusters. An attorney should be hired while the evidence is fresh, immediately. Photographs and video tape evidence of the scene, property damage photos and of your injuries are critical. Photograph and video tape all observable injuries, fractures and hospitalizations as soon as possible.