We understand this may be a difficult time for you. Often times there is a lot going on and there are so many questions. It can be tough to know even where to start. Remember we are here to help. Our job is to look after you and your best interests. If we don’t win your settlement, you don’t pay. It’s that simple.
A few years ago a friend of ours was driving home and as he approached an intersection, was broadsided by another driver who failed to notice a stop sign. The impact spun his car around a full 360 degrees. In an unbelievably lucky turn of events, a police officer traveling on the same road witnessed the entire accident and before the car had even stopped spinning, the officer had his lights on, and had radioed for an ambulance and backup. Immediately he was at the driver’s side door with clipboard in hand ready to get all of the information required for the formal police report.
To be sure, having an on-duty police officer witness and be at the scene of a crash within seconds is unlikely. Usually after a crash, there is a period of time (hopefully brief) that the parties involved must wait for emergency responders. We hope you or someone you care about are never in a car accident, but if you are, we offer a free Accident Survival Kit to help you.
Free Accident Survival Kit At our office we’re aware that being in an accident is nerve-wracking and frustrating. For this reason we introduce a new Free Accident Survival Kit available for you to pick up at our office. This kit contains the very most important things you will need in the first few minutes after an accident including a disposable camera so you can take pictures of the scene.
The kit contains:
The purpose of this kit is to be a resource for you and your family in the event of an automobile accident. It is free and available for each of your vehicles. We have them in our cars, too.
If you have new teenage drivers, this is an especially crucial time to teach them what to do if they’re involved in an accident. Show them where this Accident Survival Kit is located and practice what to do should they need to use it.
Get one for each vehicle you own and teach the other drivers in your family where it is and what’s inside. We hope you never have to use it, but if you do, it is meant to help you or someone you know in the event of an accident.
The Accident Survival Kit is free. Just come to our office to pick one up. We are located at:
McMullin Injury Law
1240 E. 100 So. ,Suite 6
St. George, Utah 84790
Or call us at:
(435) 673-9990
At McMullin Injury Law we are In Your Community and…On Your Side.
Because we are a personal injury law firm, we see a lot of pictures of wrecked cars with damage that ranges from minor to severe. Interestingly, more than once we have had clients tell us that an at-fault driver has declined to report an accident to his or her own insurance company. If the damage appears to be minimal, the at-fault driver sometimes offers to pay for the repair out of his or her own pocket. Later, however, when the person is presented with the repair estimate, he or she refuses to pay and then reluctantly calls the insurance company. Obviously valuable time is wasted because the accident should have been reported immediately to begin with.
At McMullin Injury Law, we understand the frustrations of getting a car repaired after an accident. We can guide you or someone you know if have questions about trying to figure out how to get your car repaired. To that end, we want to help you understand what your rights are when it comes to vehicle property damage after an accident.
First of all, after an accident, be sure to contact your own insurance company to inform them about the crash whether or not you were at fault. See our post about the five things to do after a crash. Next, a determination must be made as to whether or not the car can be repaired or is a total loss. If items in the car are damaged or destroyed, it is necessary to find out if the driver will be compensated for the loss of those items. Finally, in some cases, it will be necessary to have a rental car until the vehicle repair or total loss determination has been made.
Vehicle Repair When it comes to getting your car repaired, you have specific rights. Your insurance company or the at-fault driver’s insurance company cannot require you as the claimant to travel unreasonable distances to obtain a repair estimate or to have your vehicle repaired at a specific shop. If, however, the insurance company designates a specific shop and it is one you are comfortable using, the insurance company must see that the damaged vehicle is restored to its prior condition at no additional cost to you. Further, the work must be completed within a reasonable amount of time.
If Your Vehicle is Deemed a Total Loss In most cases an adjuster from the at-fault party’s insurance company will evaluate the damage to the vehicle and make the determination if it is repairable or a total loss. For example, if the costs to repair the damage will exceed the vehicle’s value, it is likely that it will be declared a total loss; in that situation, the insurance company for the at-fault party may be on the hook to settle your claim. Any settlement made must be on the basis of the market value or actual cost of a comparable vehicle at the time of the accident. The insurance company may determine the value of your vehicle by using one of the following methods:
Property Damage According to the Utah Insurance Department, “the property damage liability portion of the at-fault driver’s policy will most likely cover damage to personal property in your vehicle.” For example, if a child’s car seat is involved in a crash, the at-fault driver’s insurance company will be required to pay for the cost of a comparable car seat. In any case where property damage is involved, it is helpful to prove the cost of an item with a receipt showing the date of purchase and the amount. If you don’t have a receipt available, then the insurance company will guesstimate the value based on average costs for the same item. If items are damaged and there is a question as to whether or not you will be reimbursed for their loss, it is best to state everything that was damaged and request compensation. It will be up to the insurance company as to whether or not they will compensate for all property damage. Such negotiations generally happen on a case-by case-basis.
Car Rental According to the Utah Insurance Department, “Utah insurance regulations require an at-fault driver’s insurance company to provide payment for the ‘reasonably incurred cost of transportation’ or for the ‘reasonably incurred rental cost of a substitute vehicle’ during the time your damaged vehicle is being repaired. The insurer is obligated to pay for loss of use only if they accept liability. If your vehicle is a total loss, that payment would be from the date of the accident, which has been timely reported, until the time a reasonable settlement offer is made by the insurance company.”
Our experience is that most insurance companies currently allow about $20 per day for a rental vehicle and there are no laws specifying what type of vehicle you may rent. However, if special circumstances require a vehicle similar to your damaged vehicle, be sure to let the insurance company know right away to find out if they will cover those costs.
If you have questions about property damage—whether it’s about your own situation or someone you care about—you are welcome to call our office at (435) 673-9990. There is no charge for this call. We are experienced in property damage issues and are happy to help get your questions answered.
At McMullin Injury Law we are…In Your Community and On Your Side.
At McMullin Injury Law, we help our clients get the maximum compensation available to them after an accident. If you have been involved in an accident and have a personal injury claim, you have likely heard legal terms that are new to you. Two terms that we often get asked to explain the difference between are Special Damages and General Damages. To begin with, let’s get a basic idea of what damages are.
What are “Damages”? In reference to the personal injury law that we practice at McMullin Injury Law, damages are the costs incurred directly and indirectly as a result of the negligence of someone else. That is, if another party causes an accident and injuries occur because of it, the costs associated with those injuries are considered damages. Such costs may include charges for the ambulance, hospital, surgery, and physical therapy just to name a few. In most cases there are two types of damages that we deal with after an accident: Special Damages and General Damages.
What are Special Damages? If you have been involved in an accident and you are seeking medical treatment, every time you go to a medical provider for accident-related injuries, the provider’s office generates a medical record and a medical bill. Those records and bills are the documentation we use to determine your Special Damages. An easy way to remember this is to know that Special Damages can be specially proven with a copy of a record and a receipt. So what is the difference between Special and General Damages?
What are General Damages? General Damages are damages incurred that cannot be proven with a receipt. Some people refer to these types of damages as “pain and suffering.” One example of a General Damage is when someone who has been injured in an accident cannot lift his or her children because of injuries sustained in the accident. Because no record or bill is generated, it is considered a General Damage.
Although there is no accompanying receipt for General Damages, they are no less important than Special Damages, and we present both types of damages to the at-fault party’s insurance company when it is time to settle our clients’ claims. Check back soon to learn more about how we document General Damages.
Contact our office at (435) 673-9990 to set up a free consultation. We are happy to meet with you to discuss with you the details of what happened and tell you if you have a case.
At McMullin Injury Law we are… In Your Community and On Your Side.
A common question we get from people who have been in a car accident is, “How do I set up an insurance claim after a car accident?”
Let your insurance company know. Even if you didn’t cause the accident, it is necessary to inform your own insurance carrier that you’ve been in a car accident. One of the main reasons to let them know is that if injuries are involved, your No-Fault benefits will apply to you and your passenger(s). Setting up a claim is simple and involves the following three steps:
Call your insurance company. The number for accidents is usually listed on the insurance card that you keep in your car or wallet. After you tell them that you’ve been involved in an accident, your call will be transferred to an insurance adjuster.
Talk to the adjuster. The adjuster will ask you specific questions about the crash like the date, time of day it happened, how many cars were involved, extent of injuries (if any), and more. Be sure to provide factual, honest information.
Write down the claim number that you are given. In all subsequent phone calls, emails, and letters regarding your crash, the adjuster will use the claim number to access all of the documents related to your crash.
Now that the claim with your own insurance company has been set up, a separate insurance claim needs to be established with the at-fault driver’s insurance company. Although it is likely that the at-fault driver has already contacted his or her own insurance carrier about the crash, that is not always the case. We have seen instances when, for whatever reason, the at-fault driver does not contact his or her own insurance company to report an accident. When that happens, some of our clients are not comfortable contacting the “other guy’s” insurance company to set up a claim. We will do that for our clients.
At McMullin Injury Law, we represent people who have been injured due to someone else’s negligence. When it comes to setting up insurance claims, we contact all of the insurance companies involved and establish claims for the accident. This is especially helpful in accidents involving multiple drivers, vehicles, and injuries.
Contact McMullin Injury Law at (435) 673-9990 for a free consultation.
McMullin Injury Law is…In your community and on your side!
