Nothing is more important to you in your day to day life than your car . It is our primary mode of transportation . When you are involved in a car accident there are many things you need to know .
[ By : Anthony J . Gonzalez , Jr ., Esq .]
Ask el Abogado
Nothing is more important to you in your day to day life than your car . It is our primary mode of transportation . When you are involved in a car accident there are many things you need to know .
Despite what you hear in the insurance company commercials , an insurance company representative does not show up at the accident scene with a check .
To help you understand how car damage claims are handled in Florida . There are typically two types of insurance coverages which come into play . Every driver of a car is required to have property damage coverage . This coverage covers a driver of a car who causes a car accident , and damages another person ’ s car . The second type of coverage is called collision coverage . Collision coverage covers you if your car is damaged because of your own fault , or if you have an accident with an uninsured driver . There is no requirement that you carry collision coverage , however , if your car is not paid for , then the finance company or bank will likely require you to carry collision coverage .
It is important that you also understand , that the insurance policy is a contract . Because you are not a party to the contract between the at fault driver , and his or her insurance company , you cannot force the at fault party ’ s insurance company to repair your car . What typically happens is that when an accident occurs , the insurance policy conditions require the drivers to contact their own insurance companies , and let them know that an accident has occurred . Notification is required and failure to notify your insurance company can result in a denial of coverage , meaning the insurance company will not pay benefits under the policy . You are required to call your insurance company , whether you are at fault or not .
When you call your insurance company , you will speak with a representative who will take information from you about the accident , and give a claim number . The claim number is used to identify your case throughout the claims handling process . You will subsequently be called to give a recorded statement . It is likely you will get a call back from an insurance adjuster within 24 hours who will want to take a recorded statement from you . If you have been injured in the accident , I recommend you do not give the recorded statement without contacting us first .
12 LATIN TIMES MAGAZINE | February - april 2008
In most cases , the insurance company for the fault driver will take responsibility for repairing the car of the driver who was not at fault . In some cases , the at fault driver may not contact their insurance company . If this happens the process becomes more complicated . Keep in mind that the insurance company of the at fault driver , will not take any action , until contact has been made with their driver , and they confirm the facts of the accident . Additionally , they may not take any action until the police report has been obtained . Ordinarily , the police report is ready for viewing within 7 to 10 days after the accident .
The adjuster may come to you or you will have to go to a claims office or body shop for the estimate . The adjuster will contact you directly to discuss where the vehicle is located , to arrange a time to inspect your car , and to arrange to have your car repaired . If the at fault party insurance company agrees to repair your car , then they will likely agree to pay for a rental car while your car is repaired . In order to obtain a rental car , you will need to be 21 years of age , and have a major credit card . The credit card will not be billed , but is required to protect the interest of the rental car company should something happen to their rental car . In most cases , the rental car company will bill the insurance company directly . Many insurance companies require you to pay the cost of the rental car up front , and then they will reimburse you .
Florida law gives the insurance company two options , it must either repair your car to the condition it was prior to the accident , or if the cost of repairs exceeds the fair market value of your car , it must declare the car a “ total loss ”. Fair market value is not the same as the retail price . Retail price is the price you paid for the car . Fair market value is defined as the highest price your car would receive in the open market . You may have paid more for your car that the fair market value of your car .
If your car is declared a “ total loss ”, there is a possibility that you may owe more on your car than the fair market value of your car , this is sometimes referred to as being “ upside down ” or “ backwards ”. The law only requires that the fair market value
The hiring of a lawyer is an important decision that should not be based solely upon advertisements . Before you decide , ask us to send you written information about our qualifications and experience .
Anthony J . Gonzalez , Jr ., Esq . Board Certified Civil Trial Lawyer
price be paid . If you have gap insurance , the insurance company will pay the difference between what is owed , and the fair market value . If you do not have gap insurance , then you will be responsible to the financing company for the difference . Gap insurance is not part of your automobile insurance policy , it would have been purchased at the time you financed your car .
If the at fault driver ’ s insurance company will not voluntarily agree to repair your car , or pay the total loss , you can go through your own insurance if you have collision coverage . In some cases , it is advisable for you to allow your own insurance to inspect your car , and prepare an estimate , just in case the at fault insurance company takes the position their driver was not at fault . If the at fault driver ’ s insurance company does not believe their driver was at fault , then you will have to see if you have rental car coverage . Rental car coverage is not mandatory , and is not included in every policy unless you requested it .
At Byrd & Gonzalez , P . A , we are experienced in handling personal injury and property damage claims resulting from an accident . If you are injured in an accident , call and speak with us for a free consultation , before speaking with an insurance company .
Anthony J . Gonzalez , Jr ., Esq . Board Certified Civil Trial Lawyer Byrd & Gonzalez , P . A . 217 N Lois Ave . Tampa , FL 33609 Phone 813-281-8801 AskElAbogado @ thelatinvillage . com www . byrdandgonzalezlaw . com