Tuesday, September 27, 2011

Help for the Injured: Your Legal Rights

RENTING A CAR AFTER AN ACCIDENT, WHO PAYS?
One of the major issues after an automobile collision is the renting of a substitute
vehicle while one’s car is being repaired. There are two ways to obtain rental coverage after an automobile collision.

The first thing in the event of a car accident is through one’s own automobile insurance policy. When a person buys automobile insurance, one of the coverages that can be purchased is “rental coverage”. Usually the rental coverage on one’s own policy will state a certain allowance per day for the rental
coverage for a limited amount of time. It is important that a person be aware of the limits
in coverage before renting a vehicle, and to try to obtain a rental vehicle within the
coverage limits in order to avoid paying any additional costs.

The second possibility is to obtain a rental vehicle through the at-fault driver’s policy. If a
person is in a motor vehicle collision which was not their fault, and the person that
caused the accident has property damage liability coverage, then the victim of the crash
is entitled to both payment for the repairs of their car and a rental vehicle.
When pursuing a claim for rental coverage against the at-fault driver’s insurance, the
victim of the crash is entitled to rent a vehicle “similar” to the vehicle that they own. This
means the at-fault driver’s insurance company will not pay for the rental of a Cadillac
Escalade, when the victim was driving a Toyota Corolla.

It is important that the victim contact the insurance company of the at-fault driver to
confirm that they accepted responsibility for paying the property damage claim and that
they are aware that the victim is renting a vehicle. Also, the victim should request that
the at-fault driver’s insurance company set up a “direct bill” with the rental car company.
This will allow the rental car company to submit the rental charges directly to the
insurance company of the at fault driver. Therefore, the renter will not have to pay first
and then wait to be reimbursed.

Another issue with reference to renting a vehicle is whether or not to purchase the extra
insurance offered by the rental car company. Please be advised that a person’s own
insurance company, in most situations, will cover the rental vehicle while the person’s
car is being repaired. Therefore, most of the time, a person who is renting a car does
not have to pay for the extra insurance if you already have automobile insurance for
your own car.

Please review your own automobile insurance company policy to confirm if your
personal automobile insurance covers you while you are driving a rental car. Also,
please be advised that, if you do decide to purchase the extra insurance with the rental
car company, the liability insurance company paying for the rental vehicle will not pay
for this extra expense, and you would be responsible for this additional cost.

Tuesday, September 6, 2011

IMPORTANT TO CONTACT ATTORNEY AFTER ACCIDENT

In Florida, if you are injured due to the negligence of another, you are entitled to collect monetary compensation for your injuries. If you have been injured in any type of accident, it is important that you speak with an attorney immediately after the accident to obtain information regarding your legal rights.
In Florida, if you are injured due to the negligence of another, you are entitled to collect monetary compensation for your injuries. If you have been injured in any type of accident, it is important that you speak with an attorney immediately after the accident to obtain information regarding your legal rights.

Another reason to speak to an attorney as soon as possible is for the attorney handling the case to begin to investigate the incident and obtain evidence to prove your case. As the person bringing the case against the negligent party, you have the burden of proving that the other person did something wrong to cause your injuries.
 


If you cannot prove it, you may no have a case. The longer you wait to call an attorney the greater the opportunity for evidence to begin to disappear, whether it be a surveillance tape from a department store which taped your fall, or a dangerous parking lot area with a cracked surface, that caused you to trip and hurt yourself. Within a reasonable amount of time after signing up a client, the attorney should go out to the scene of the accident and obtain the appropriate pictures of the dangerous condition. The more time passes, the greater the opportunity for the negligent person or company to fix the danger.

For example, an investigation associated with an automobile accident involves several steps. To help prove your case, your attorney’s office should take photographs of your vehicle if the damage is significant, obtain a copy of the police report, contact the witness and request their written sworn statements as to what occurred in the collision and obtain the insurance information from the at fault driver. After the initial investigation, medical records should be requested to document your injuries.

After you have been finalized from the doctor, a settlement demand package will be sent to the at fault driver’s insurance company, and the settlement negotiations for your case should begin. As the settlement negotiations continue, you should be kept informed of any offers. Your attorney should advise you of how much money to accept from the insurance based upon all the facts of the loss, but ultimately it is your decision of whether to accept an offer or not. An attorney cannot accept any offers without the authority of the client.