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Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you - one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

Frequently Asked Questions – Consulting a Personal Injury Attorney

Frequently Asked Questions in Regards to Personal Injury Cases

Here is a list of some frequently asked questions that those seeking the help of a personal injury attorney may have. Please note that these are just for information purposes as they offer a wide scope scenario and are not meant to be taken as legal advice. Due to the fact that every type of case is different, we do advise you to consult an attorney in regard to your particular situation. At the Miami-based Law Firm of Joshua J. Hertz P.A., we are committed to providing personal injury clients with a no- stress, no-hassle intake process, and to delivering justice to all injury victims. With Joshua Hertz, you don't pay until you win! So call us today for a FREE, no obligation consultation!

Can I control whether my car is repaired or replaced?

This can be a difficult issue. For most people, getting back into their own vehicle as soon as possible is a priority. Normally, the insurance company has the option to either repair or replace your vehicle, depending on whether it costs less to replace your vehicle than to repair it. If this is the case, the insurance company will declare your vehicle a "total loss" and take action to replace your vehicle. If your car is declared a "total loss", the insurance company buys your car for its market value (see below), which can be difficult to determine. If you wish to keep the wrecked car, you may purchase it back from the insurance company for its salvage value. The insurance adjuster can deduct the salvage value from the settlement and you can keep the car.

Often the situation is reversed, and the insurance company chooses to repair a vehicle rather than replace it. In this case, if you are concerned about the safety of the repaired vehicle, you should contact our office to discuss your options.

How is the market value of my car determined?

You are entitled to recover the "fair market value" or the "actual cash value" of your vehicle immediately before the accident. One common source used to estimate fair market value is the Kelley Blue Book. Other sources of information are the local newspaper or the Auto Trader, which may list the for-sale price of cars of the same make, model, and year as yours. Occasionally, an expert vehicle appraiser is used to help prove the value of your vehicle.

What if I am "upside down" on the loan for my car?

If you owe more money on the loan for the car than the fair market value of the car, or you are "upside down" on the loan. Unfortunately, if your vehicle is a total loss, the insurance company is not required to pay more money to you simply because you are "upside down" with your car loan. They are only obligated to pay the "fair market value" of your car. You will still be responsible for paying off the balance of your car loan.

Can I choose my own repair shop?

Yes. You always have the right to decide who will repair your vehicle; however the cost of the repair is not always determined by the estimate given by the repair facility of your choosing.

What kind of parts will be used in the repair?

You have the right to demand that only original manufacturer parts be used in the repair. For instance, if your car is a Pontiac, you should receive genuine Pontiac (GM) parts. If your car was not new at the time of the accident, however, the mechanic may use refurbished or reconditioned parts.

What if my car already had some damage before the accident?

If your vehicle had damage to it prior to the accident, it can be difficult to determine exactly what portion of the damage was caused by the accident itself. For example, if your car has a mechanical problem, the insurance company may claim that it existed prior to the accident if some evidence indicates that there was substantial pre-accident wear and tear to your vehicle. Therefore, it is important that you prove the connection between the auto accident and the damage you are claiming. Ordinarily, mechanics and collision repair personnel can help to prove the age of body damage or the cause of a mechanical failure. They can assist to convince the insurance company that the auto accident caused the damage you are claiming.

Will I have to pay the towing and storage costs?

In most cases, unless there is a dispute as to who was at fault in the accident, the insurance company for the driver who caused the accident will pay the reasonable towing and storage costs (if necessary) of your car. After evaluating the vehicle, if the insurance company declares the car a total loss, it will have the car moved to a wrecking yard or a free storage area. If you refuse to allow the insurance company to move your car, however, you will have to pay the storage costs from the day of your refusal forward, or you can pay to have it towed to your home.

What about license and registration fees I already paid?

In order to drive your vehicle, you had to pay a tag fee and registration fees. You may be entitled to reimbursement for the prorated amount of these costs that are unused. The insurance company should also reimburse you for tag transfer fees and, in some cases, a prorated amount of sales tax on the actual cash value of the car at the time of the accident. Contact an experienced Georgia auto accident attorney to learn whether license and registration fees are recoverable in your case

What if I need a rental car? Do I have to pay for it while my car is being repaired?

If you caused the accident, or if there is a dispute over who is to blame, then you must either pay for the rental car yourself or seek coverage under your own insurance policy if rental coverage is available. Many insurance contracts do not provide for rental coverage for their own customers, so you need to contact your insurance agent to determine what coverage exists. If the other driver is at fault, then we will demand that the insurance company for the person who caused the accident provide you with a rental car for the time needed to repair your vehicle. Sometimes, you must pay the rental car bill first, with reimbursement coming from the insurance company later.

What kind of rental car am I entitled to?

The insurance company has to pay for the reasonably incurred rental cost of a substitute vehicle. Often, there are disputes as to what qualifies as a "substitute" vehicle. Essentially, it should be a vehicle of similar quality, within the confines of what is available for rental.

Should I purchase any extra insurance on the rental car provided?

Your own insurance policy should cover you while driving the rental car, but you should call your insurance agent to be sure that you are covered. The other driver's insurance company is not required to pay for additional insurance if you choose to purchase it from the car rental company.