INJURY CASES: PROPERTY LOSS AND INJURY CLAIMS





I have decided to use my blog space to educate the general public on matters known to lawyers but generally not known to members of the general public.  As I am a trial lawyer, and one who enjoys practicing in both personal injury and criminal defense, I will focus on those two areas.
I start by acknowledging there are few attorneys in Idaho who are proficient in both areas.  There are beginners who have not yet "found their niche," and there are older attorneys who have, in the course of their careers, focused on a particular area of specialization.  I have chosen two areas of focus, because I have extensive experience in both arenas and because I believe I have a lot to offer people who need help in those two areas.

Historically, there have been outstanding attorneys who have made a name for themselves in the areas of criminal defense and plaintiffs' personal injury representation, Abraham Lincoln and Gerry Spence come readily to mind.  I am not equating myself to either of these men, but I admire both of them and emulate them in my own practice.  They have set the standard; they have set a high bar for the rest of us.

 I am going to begin this series with a discussion of what an insurance company does when a claim is made that someone is injured in an automobile accident.

 The insurance company will immediately divide the claim into two parts: the property loss and the injury claim.

 The property loss concerns how an insurance company handles the claim for damage to your vehicle damaged by a person responsible for the wreck, the "liable party." The value of your vehicle as of the date of the wreck is, in general terms, the maximum exposure of the insurance company.  In the common case of a vehicle that is worth $4,000, but the damage is so extensive it would cost $6,000 to fix it, the insurance company will be expected to write you a check for $4,000.  It is said that your car has been "totaled." However, if it would cost $2,000 to fix your car, the insurance company should write you a check for that amount.

This settlement of the property damage claim does not happen immediately.  Because you may be sitting around waiting for your car to be fixed, or waiting for a check to arrive for the value of your totaled car, the insurance company has an obligation to pay you for the cost of a rental car.  This only occurs if you actually rent a car awaiting a final property settlement.  You can't forego renting a car and then expect the insurance company to pay for the cost of an unrented car.  

To find the value of your used car, people generally use an online version of Kelley Blue Book.

When your car is damaged, it is helpful to call the insurance company for the liable party and tell them you would like them to get your car fixed, and to agree in advance to pay for the rental vehicle.  Under Idaho law, you are entitled to have the liable party pay the actual cost of renting a similar vehicle.  For example, if you have a 2015 RAV IV, and the rental company has a 2022 RAV IV, you are entitled to have the insurance company pay the cost of renting that newer version of your car (because rental car companies will not be renting anyone old cars).  

When you have been paid for the cost of your car repair and the cost of renting the vehicle while your car was damaged, then the insurance company will have a different person handling the value of the injuries everyone in your car suffered.  Do not deal with this second adjuster on your own; if anyone in your vehicle was injured, you absolutely need a personal injury attorney to help you with this portion of your claim.  

Personal injury damages are potentially far more complicated than property damage issues.  They may involve:
a.    physical and mental pain and suffering;
b.    impairment of the ability to perform usual activities;
c.    disfigurement and scarring caused by the injuries;
d.    any aggravation of pre-existing injuries;
e.    the cost of all medical care, past and present, made necessary by the accident;
f.    the value of lost past earnings;
g.    the value of lost future earning capacity as a result of the accident;
h.    and other losses as well.

In many cases, experts must be hired to accurately assess these losses. An experienced personal injury trial lawyer will help assess whether the cost of these experts is a worthwhile investment; and generally the attorney will hire the expert up front, and pay that cost out of proceeds of a settlement.

When I say that you should hire an attorney to recover your personal injury losses, that is based on experience and research.  It is common for certain insurance companies to attempt to "steal" a case from an injured party by offering a settlement almost immediately, or by offering to pay the injured party's medical bills to settle the case if he/she signs an agreement to that effect.  Once the injured party signs an agreement to settle the injury portion of the case, it is done and cannot be undone.  Before that happens, you need to have an attorney handling all discussions with the insurance company.  The sooner, the better.

Statistically, settlements are about 3-4 times higher for injured persons when they are represented by an attorney.

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