Auto-Accident Damages
Serge Semirog
Most people when they file an auto claim with at-fault insurance company just ask to be compensated for the accident in whatever fashion the insurance company sees fit.
Naively, most expect that insurance company will treat them fairly and pay them all they deserve.
What they need to understand is that damages come in a variety of types and you have the right to recover all damages applicable to your situation. Damages can be divided into two main categories: property damage (PD) and bodily or personal injury (BI).
Property Damage
Diminished Value: If your car lost value as a result of the accident, the insurance company must pay you the difference. This is calculated by finding the difference between the fair market value before the accident and what it would sell for afterwards.
Loss of Use of Vehicle: The insurance company must pay back the driver for every day he/she can't use their vehicle unless insurance provides a rental. You loose the use of your vehicle while its not drivable or in a repair shop and therefore entitled to recover for such loss of use.
Personal Injury
Medical Expenses: This includes all bills from medical facilities, hospital physicians, chiropractors - any medical practitioner that treated you for your injuries.
Pain and Suffering: Normally included in the lump sum settlement payment, this compensates you for the pain and suffering both physical and emotional caused by the accident.
Loss of Business Income or Earnings: If you were employed at the time of the accident, you can recover the wages or business income lost because you were unable to go to work or partially disabled or incapable of performing the normal work duties.
Scarring and Disfigurement: As a result of the accident you could sustained and therefore can be entitled to financial compensation for the cost of a scar revision surgery.
Permanent Injury: Sometimes, passengers in a car during a motor vehicle accident may continue to feel the side effects of the injuries for the rest of his or her life. As a result, the insurance company must compensate you for any future medical treatment you may require.
Future Worth in Present Value: Finally, if the aggrieved believes he or she will continue to incur various expenses as a result of the accident, he or she must be compensated.
However, the courts have will generally awarded the present (discounted) value of any future payments.
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