How Do I Pursue a Claim for Vehicle Damages After an Accident with a Tractor Trailer Truck?

Following an auto accident, there are different ways to cover damages to your vehicle. If you carry Collision Coverage you have the option of going through your own insurance company to repair or replace your vehicle. If you do not carry Collision Coverage you will have to pursue a claim against the at-fault party’s Property Damage Liability Coverage (PDL). Whether you have been in an accident or simply have questions about property damage, Florida truck accident attorney Dan Newlin is here to help assist you!

What is Collision Coverage?

Collision Coverage is not required in Florida but it is highly recommended. It comes in handy when you are involved in a truck accident in which the at-fault driver is uninsured or underinsured. Collision Coverage is an elective coverage that will allow a client to be compensated for the damaged property by going through their own insurance if need be. How do I know if I have Collision Coverage? Call Dan Newlin Injury Attorneys at 800-257-1822: We offer free consultation and evaluation on your policy. We will gladly advise you on how to better protect yourself.

What is Property Damage Liability Coverage (PDL)?

In the state of Florida, this coverage is mandatory for every insured driver to carry at least $10,000 in property damage liability coverage. When you are involved in an auto accident where a tractor-trailer driver is at fault, you have the option to pursue a damage claim against their commercial PDL. Your Property Damage Liability coverage pays for damages you or members of your family cause (and are liable for) to other people’s property in a crash involving a motor vehicle.

Who decides whether my car is repaired or replaced?

Insurance companies have the power to decide whether the damaged car is going to be repaired, replaced or reimbursed. If the insurance company decides to reimburse the driver they will compensate the driver for its actual cash value or ACV. ACV is generally known as “fair market value” and is determined based on how much the car would have sold for prior to the accident. The insurance company will base its decision on what is most cost efficient for them. In many instances, an insurance company will total a vehicle if the appraised damages equal 80% of the vehicle’s ACV because often, once repairs are begun, additional damages or “hidden damages” are found which would render the vehicle a total loss by definition.

How do you calculate Fair Market Value?

Fair market value is normally calculated by examining what your vehicle or a similar vehicle is currently selling for in the local retail market. Occasionally, an expert vehicle appraiser is used to help calculate the value of your vehicle. You are entitled to recover the “fair market value” or the “actual cash value” of your vehicle immediately before the auto accident. Keep in mind; fair market value will sometimes be below Blue Book pricing. It you have taken out a loan in order to purchase your vehicle, it is possible to find yourself upside down on your loan or owing more on your car than you are reimbursed for. Unfortunately, the insurance companies will not help with this.

Can the insurance company repair my vehicle with used parts?

The insurance company is obligated to restore your vehicle to the same condition as it was in previously. Because your car was probably not new, the mechanic may use refurbished or reconditioned parts. Aftermarket parts are parts made by a manufacturer other than the original manufacturer. If your vehicle is being repaired with newer parts, your insurance company does not have to pay for the difference in cost. For example, if your vehicle’s transmission is five years old and is damaged due to a covered loss, your insurer would only have to replace it with a five-year-old transmission. If a five-year-old transmission can’t be found the repair shop can replace the transmission with a new one, but you would have to pay the difference in cost.

Can I choose the auto repair shop where the vehicle will be repaired?

You always have the right to choose which auto repair shop to use as long as the shop is licensed. Many insurance companies will evaluate the cost of repairs independently and will work with the repair shop of your choosing.

Who pays for a rental car while my car is being repaired?

The at-fault party is required to pay for the rental car while your car is in the shop. Occasionally you will have to pay for the rental up front, but will be reimbursed by the at-fault driver’s insurance company.

Car Accident Attorney

Call Dan Newlin Injury Attorneys at 800-257-1822. At no additional cost to you, our office will answer any questions you may have about truck accidents and how to navigate the process of filing a claim and getting your car repaired. The insurance companies are very experienced with handling these situations and do everything in their power to pay out as little money as possible. Call us today to get the benefits you need. Normally, you have many options concerning repairing or replacing your vehicle. These are options that the insurance companies will not always present to you. Before making any decisions, call Dan Newlin Injury Attorneys today for free legal advice as to how best to handle your property damage claim.