Auto Insurance Settlements: What's Covered And What's Not

If you've been in a car accident, you may be able to claim a settlement from your insurance company or the insurer of the at-fault party. A settlement is a compromise between the parties involved in a dispute, typically negotiated by car accident lawyers. The settlement amount will depend on the severity of the injuries and the extent of the damage, and may include compensation for vehicle repair costs, lost wages, pain and suffering, and loss of enjoyment of life. It's important to have a good understanding of how accident claims and settlements are resolved, as most cases don't go to trial.

Rental car costs

If your car was damaged due to another driver's negligence, their insurance company should cover your rental car costs for a reasonable repair time. This is because the at-fault party typically bears the cost of the consequences of their actions. However, it is always good to confirm with the insurance company, as policies can vary.

If you are at fault for the accident, your ability to get a rental car covered by insurance depends on your insurance coverage. If you have rental reimbursement coverage in your policy, your insurer should cover the rental car costs. It is important to note that this is an optional coverage and not automatically included in all auto insurance policies.

When dealing with the at-fault driver's insurance company, they may offer a specific amount per day or week for a rental car. You can negotiate with the insurance adjuster for a rental car that is reasonably comparable in size and features to your vehicle. If they won't compromise, you can pay the difference between their offer and the cost of a reasonable rental and claim this amount from their insured.

If you have rental reimbursement coverage as part of your auto insurance, you can make a claim under your policy for a rental car. The coverage usually includes a specific amount of daily coverage, limited to a certain number of days. For example, you may be entitled to $45 per day up to a maximum of 30 days.

If you were at fault for the accident and do not have rental reimbursement insurance, you will have to pay for the rental car yourself.

In the case of a total loss, the insurance company typically pays the actual cash value (ACV) of your car before it was destroyed. You can research the value of your totaled car and negotiate with the insurance company to ensure you receive a fair settlement.

Additionally, if your vehicle was not drivable after the accident or needed to be stored while awaiting repairs or a settlement, you may also be able to include towing and storage charges in your claim.

Repair costs

An auto insurance settlement should cover the cost of repairing your vehicle after an accident. This can include the cost of a rental car while your car is being repaired, or if your car has been written off, the value of your car.

If your car has been damaged or destroyed in an accident that was the fault of another driver, their insurance company is responsible for compensating you for your losses. However, they may try to save money by offering you less than you are entitled to.

You can get a repair estimate from a qualified, bona fide repair shop and send a written statement to the insurance company demanding revisions to their settlement offer. You can also include repair quotes from several local dealerships. If you are approaching the other driver's insurance company, it is a good idea to have a lawyer write this statement on your behalf.

Your insurance company will refer you to a claims adjuster, who will verify the loss and make an initial determination of the repair cost. The adjuster's estimate is a benchmark rather than a total claim payment, and you are not expected to accept it until you are satisfied that it will cover the cost of the repair. You can get your own estimate from a mechanic, garage, or car dealer to compare with theirs.

If your car is fairly new, you should insist that all repairs be done by a factory-authorized dealer. You should also insist on the use of factory-authorized replacement parts, if available. If repairs are being paid for by the other driver's insurance, you should insist that any estimate quotes only those authentic parts.

If you have a lease or loan on your car, you may find that the claim check has both your name and the name of your loan company on it. In this case, you will need the finance company to sign off on the insurance check before you can cash it.

Vehicle value

When a vehicle is damaged in an accident, the insurance company of the at-fault driver is responsible for compensating the other party for their losses. This may include the cost of a rental car, the cost to repair the car, or the value of the car if it is deemed a total loss.

A vehicle is considered a total loss when the cost of repairing it exceeds a certain percentage of its value, typically between 75% and 85%. In this case, the insurance company will pay the actual cash value (ACV) of the car before it was destroyed. The ACV is calculated based on the replacement cost minus depreciation and may be determined using third-party value estimates or price information from companies hired by the insurance company.

If you believe your vehicle is worth more than the insurance company's offer, you can negotiate a higher settlement. Here are some steps you can take:

• Determine the value of your vehicle: Use online tools, such as the National Automobile Dealers Association's (NADA) website, or refer to reputable sources like Kelley Blue Book or Edmunds. Consider the year of manufacturing, mileage, and any aftermarket upgrades.
• Get a written estimate: Obtain a written estimate of your vehicle's value from a trusted professional body shop or mechanic.
• Ask for the Certified Collateral Corporation (CCC) report: Review the CCC report used by the insurance adjuster to estimate your car's value. Ensure that all relevant details, such as the trim level, are included.
• Research local listings: Look for similar vehicles with the same make, model, year, mileage, and condition in your area to get a sense of the local market value.
• Negotiate with the insurance adjuster: Present your research and evidence to support your claim for a higher settlement. Be prepared to counter their arguments and have a desired settlement amount in mind.
• Obtain a written settlement agreement: Once you reach a settlement, confirm the terms in writing to protect both parties and set clear expectations.

It is important to note that you have the option to invoke the appraisal clause in your insurance policy if you and the insurance company cannot agree on the vehicle's value. This involves each party selecting an appraiser to evaluate the vehicle's ACV, and then having the two appraisers choose an umpire to make the final decision.

Personal property damage

Understanding Personal Property Damage

Items Included in Personal Property Damage Claims

When it comes to personal property damage claims, several items are typically included:

• Cost of repairing or replacing personal property: This covers the expenses incurred to repair any damaged personal items or to replace them if they are beyond repair.
• Rental car costs: If your vehicle is being repaired or you are negotiating the settlement for your totalled car, you may need a rental car. The at-fault driver's insurance company usually covers these costs, but you may need to negotiate to ensure you get a rental car that meets your needs.
• Towing and storage charges: If your vehicle is not drivable after the accident or needs to be stored while awaiting repairs or a settlement, towing and storage fees can add up. These charges are typically included in personal property damage claims.
• Diminished value of the vehicle: Even after repairs, a vehicle's value may be diminished due to its accident history. A diminished value claim seeks to compensate for the difference between the car's pre-accident fair market value and its value after repairs.

Dealing with Insurance Companies

When dealing with insurance companies, whether the at-fault driver's insurer or your own, it's important to understand your rights and options. Here are some key points to consider:

• Negotiating rental cars: Don't be afraid to negotiate with the at-fault driver's insurance company for a rental car that meets your needs, especially if you have specific requirements due to work or family obligations.
• Repair estimates: Be cautious when presented with repair estimates. Ensure they are realistic, thorough, and itemized. It's best to get estimates from qualified repair shops rather than relying solely on the insurance company's estimate.
• Total loss of vehicle: If your vehicle is declared a total loss, the insurance company will typically pay you the actual cash value (ACV) of your car before the accident. Research the value of comparable vehicles to negotiate a fair settlement.
• Coverage limits: Understand the coverage limits of your policy and the at-fault driver's policy, as these can impact your settlement. If your damages exceed their policy limits, explore other sources of compensation, such as umbrella insurance or your underinsured motorist policy.
• Disputing settlement offers: If you disagree with the settlement offer, you have the right to dispute it. Research comparable vehicles, consult state insurance laws, and consider hiring an appraiser or attorney to support your claim for a higher settlement amount.

Seeking Fair Compensation

It's important to remember that the goal of a settlement is to make you "whole" again and compensate you for your losses. Don't hesitate to negotiate and provide supporting evidence to ensure you receive a fair settlement for your personal property damage. Remember, you can always seek legal assistance if needed.

Medical bills

Past medical bills can add up quickly, especially if the injuries are serious. Hospital stays, surgeries, follow-up procedures, medications, physical therapy, and other treatments needed immediately after an accident can accumulate huge totals very rapidly.

Future medical expenses must also be anticipated. Some injuries may require prolonged, repeated, or lifetime management. An independent medical exam can estimate future costs like years of doctor's visits, prescriptions, or ongoing therapies that must be covered.

When calculating settlement offers, insurance companies look at necessary past and anticipated future medical bills as hard costs they are typically required to cover.

In the case of a total loss car insurance settlement, the settlement amount is based on the value of the vehicle and does not include medical expenses. However, if you have health insurance, they may pay your medical costs after an accident and then place a medical lien against any settlement you receive. If you receive a settlement from the at-fault driver's insurance, the medical lien must be paid from the settlement.

In some states, such as New York, there is a no-fault car insurance system, where each party involved in an auto accident seeks reimbursement for medical bills and property damages from their own insurance company, regardless of fault. In these cases, the settlement check is typically issued to the victim, who is then responsible for providing the hospital with insurance information and paying off medical bills.

Frequently asked questions