Car Accident FAQs
Our Car Accident Lawyers Answer Frequently Asked Questions
After a traffic collision, you may have many questions about what happened and what you should do. In these situations, it helps to talk to people who have answers. Below, our lawyers provide some of these answers. Read through our frequently asked questions to become more informed before you are in an accident or to get some of the answers you are looking for after a crash. The car accident lawyers of James McKiernan Lawyers are here for you. Give us a call today for help with the motor vehicle accident claims process.
General
Most insurance companies will offer a minimum 15-day grace period to pay your premium before they cancel your policy.
Depreciation is how much the value of your car decreases over time because of wear and tear.
You will be subject to penalties according to the particular laws in your state if you are caught driving without proper car insurance or you are involved in a car wreck without any insurance. The penalties could include a loss of driving privileges or fines.
A declarations page is a report your insurance provider must issue to you. It indicates your coverage, limits, drivers insured, cost of coverage and vehicles covered.
This depends on your particular insurance provider. However, most auto insurance companies allow a grace period of 15 to 30 days for adding a new vehicle. If your policy was cancelled or has expired, you may not quality for coverage.
Yes, you can choose to insure someone else’s property if you have authorization to do so or you have an insurable interest in that property.
Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah, as well as Puerto Rico, all offer some form of no-fault insurance. You should inquire with your particular insurance provider regarding details.
You will most likely lose your auto insurance coverage if you face drinking and driving charges. However, you should inquire with your particular insurance company as the policy varies.
This depends on the particular insurance company. They take into account factors such as the horsepower, stock and modifications made to a vehicle.
You should contact your state department of insurance to inquire about their specific disclosure laws.
Yes, you can purchase auto insurance for any type of license, including a foreign or conditional one.
Yes. In fact, you must purchase auto insurance regardless of the current status of your license.
There are many factors to consider regarding whether to declare a vehicle a complete loss or repair it. These include the age of your vehicle, the laws in your state, as well as the type and extent of the damage. If the estimated cost of repairs is higher than the worth of your vehicle, your insurance provider will pay you the actual cash value of your vehicle up to the amount specified in your policy, minus your deductible.
Your insurance provider may attempt to recover your deductible from the driver responsible for your car accident. The length of time required depends on several factors including whether a collection agency or attorney is necessary, the person responsible has insurance and everyone agrees on the facts concerning the automobile accident.
Because there are so many used vehicles on the road, every auto policy is written for actual cash value or ACV. This means that the values of your auto settlement are determined by similar vehicles currently on the market. ACV is based on the cost to replace your vehicle with similar new one, minus the depreciation based on the age of your vehicle.
Your provider will verify all your claims and driving records before issuing your policy. The insurance company also bases their quotes on the information you submitted. If you notify your provider of the omission, your insurance premium will be adjusted to reflect your actual driving record.
A deductible is the partial amount of a loss you have to pay before your insurance company is responsible for paying any claim filed under your policy. For example, if your covered claim is $4000 and your deductible is $1000, you will pay $1000 and your insurance provider will pay the remaining $3000.
The yearly fee that you pay for your insurance policy is called a premium.
Auto insurance provides drivers with peace of mind, as well as financial security if they are ever involved in a motor vehicle accident.
If you drive a vehicle in the USA or Canada, the law requires you to have auto insurance coverage.
Drivers purchase auto insurance for vehicles such as trucks or cars to protect them from losses such as car accidents, personal liability, car accident medical bills, car theft, and property damage.
Claim
This depends on your particular insurance company. Some agents merely service as a resource to refer to you to a claims representative, whereas others may complete the initial paperwork for your claim.
You can challenge the estimate by advising your company adjuster immediately that the damage estimate is incomplete.
This depends on the company. Some companies require 3 estimates, but others use estimates provided by internal claims adjusters.
You should check with your insurance company and file a claim as if the other party was from your state.
You can contact a local salvage yard to get an estimate of the value. A reasonable estimate is usually 15 to 20% of the retail value of your vehicle at the time of the motor vehicle accident.
Different claims representatives specialize in different types of claims, so they will be assigned to your case based on the facts of your particular situation.
The length of time required to complete each claim depends on many different factors including the number of parties involved in a car crash and the severity of the damage. You can contact your claims representative to get a better idea of the approximate timeframe you face.
Yes, your insurance company will attempt to identify and address any possible fraudulent claims. Therefore, you should contact your company immediately if you suspect fraud.
This is required by certain states, so you need to check with your insurance provider to see if it’s required in your area.
You should always file a police report if your vehicle is ever stolen or damaged.
If you are found at fault in a motor vehicle accident, you will most likely lose your safe driving discount.
Yes, your insurance company can refuse you if you have made as little as one claim, regardless of the dollar amount. However, your insurance provider is required to give you 30-days’ notice and an exact reason why there are refusing to renew your policy.
Yes, your auto insurance company records every claim.
Coverage
Yes, your insurance provider will pay you less if you are driving an older car with a lot of mileage that is totaled in a car crash.
Gap insurance provides coverage if your car is a total loss, and it pays for the gap between the actual cash value of your car at the time of the accident and the amount due under the lease.
Yes, bodily injury liability will pay for any losses resulting from another driver. If someone hits you with their vehicle, their bodily liability insurance will pay for your expenses.
You may be able to save money by eliminating collision coverage from your insurance policy if you own an older vehicle that is not worth much. You should check with your insurance provider to find out how you can save.
Single-limit liability car coverage gives only 1 number that is the maximum coverage for property damage and bodily injury together.
Split-limit coverage uses 3 different numbers to specify the limits for bodily injury liability for each person, property damage liability and bodily injury liability for a single accident.
Unfortunately, the driving record of any licensed driver who lives in your household will affect your ability to receive car insurance. You may be turned down for coverage or be required to pay high-risk insurance premiums.
This depends on your insurance provider. The cost may be covered, but any spider cracks will definitely be covered if you have chosen to purchase complete glass coverage.
Lost wage reimbursement varies depending on your particular state and the type of coverage you purchased. Therefore, you should contact your claims representative.
Your insurance company will pay the actual cash value of your vehicle for any covered losses up to the limit specified in your policy, minus your deductible. You will most likely be responsible for the remainder of the loan in excess of the amount of your claim settlement.
This depends on exactly what was stolen from your vehicle and whether you chose to purchase optional coverage. Certain items such as sports equipment may be covered under your homeowner’s or renter’s insurance, rather than your car insurance.
This type of insurance generally covers any damages caused to you or your property by another driver who does not have any auto insurance or does not have sufficient insurance to cover the damages.
Personal injury protection or PIP covers you or any covered passengers or family members for bodily injury resulting from an auto accident, regardless of who is responsible. PIP covers necessary expenses such as child care, funeral, medical and hospital. You should always consult your insurance provider, since PIP coverage is not available in every state
This type of insurance protects you from any liability claims resulting from car accidents that were caused by you and injure another individual. Your policy will cover you and any family members listed on your policy who are driving your vehicle or another person’s vehicle with their permission.
This type of insurance protects you, any covered family members and covered passengers. It will pay for required medical treatments relating to any bodily injuries caused by an auto accident, regardless of who was responsible.
No-fault insurance will pay for the injuries and property damage caused to yourself, up to a specified limit indicated in your policy. This type of insurance varies according to each state, so you should check with your insurance company for details.
Replacement cost coverage equals the cost of a new vehicle with no depreciation.
Uninsured motorist coverage will protect you from hit-and-run drivers, and it will cover you for any injuries you sustain while driving or as a pedestrian. It applies to bodily injury only and will not cover any damage to your vehicle.
The first thing you should do is to contact the Department of Revenue in your particular state. They enforce the local liability laws, and they will perform an investigation of the car accident.
No, since the only type of insurance that is mandatory in most states is liability, there is no minimum for comprehensive or collision coverage.
You may have many insurance options above your minimum required policy. These include collision insurance, family protection coverage, transportation replacement, etc.
Although all drivers require a minimum amount of liability insurance, the amount varies from state to state. Therefore, you need to contact the Department of Motor Vehicles or your insurance provider to find out the exact amount in your area.
Almost every state requires drivers to have a minimum amount of liability insurance, though the limits differ according to where you live. This type of insurance covers any losses that you might cause to an individual or to someone’s property.
This type of insurance covers any physical damage to your vehicle that occurs as a result of a collision including hitting another vehicle or an object such as a light post.
This type of car insurance covers any damages to your car that are not the result of the actions of other drivers. This may include damage from fire, storms, floods, hail, theft, collision with an animal and/or vandalism.
Your insurance company will cover you up to the amount specified in your liability insurance if you or another individual driving your car ends up injuring someone or causing property damage.
Out of State
You should check with your insurance provider because traffic laws in Mexico are very different from those in Canada and the US. You may require specific Mexican coverage.
Most American auto insurance policies will provide coverage if you drive in Canada, as long as you bring proof of insurance with you.
Your insurance policy will cover them if you choose to add them to your auto insurance policy when they visit and drive your car.
Your insurance provider will usually be able to handle your claim in the state where the car accident occurred. If it is not convenient to have your vehicle inspected in that state, your insurance provider can arrange for a local inspection.
Policy
Yes, your insurance company can cancel your policy any time as long as they provide you with sufficient notice and a valid reason.
Yes, all insurance companies must advise their clients of the specific reasons regarding cancellation or non-renewal
You will be entitled to a refund of the unused portion of your premium if your auto insurance policy is cancelled before expiration of the time you have paid premiums.
This means that you can be charged or assessed an additional amount if your particular insurance company experiences a bad year with many expensive motor vehicle accidents. Most auto insurance policies are non-assessable.
Most insurance companies require that the name of the registered car owner is on the policy. However, certain companies may issue policies to someone who does own the vehicle.
If the police contact you to advise you that that recovered your vehicle, request a brief description of any damage to your vehicle and then contact your claims representative immediately.
Unfortunately, the driving record of any licensed driver who lives in your household will affect your ability to receive car insurance. You may be turned down for coverage or be required to pay high-risk insurance premiums.
You do not need to list any roommates who are not family members and do not drive your vehicle or any non-family household residents who do not drive your vehicle.
In this case, we suggest you contact your state insurance department to discuss the issue.
If your insurance provider never provided a reason for the cancellation or you disagree with the reasons indicated, you should contact the consumer affairs division of your insurance company.
Yes, if you fail to pay your premium or if your license has been revoked or suspended during the term of the policy, your company can cancel your policy.
Rates
Your insurance company can only perform a credit check if you have signed an authorization form permitting them to do so.
Most companies charge an administrative fee to pay your premiums quarterly or monthly, rather than annually. You should check with your particular insurance provider.
You should check with your auto insurance provider because many companies offer discounts for insuring multiple vehicles, low mileage, anti-lock brakes, non-smokers, accident free driving records, security and safety devices or driver education courses.
You can lower your premiums by keeping a clean driving record, maintaining consistent coverage and taking a defensive driving or driver improvement course.
The amount of insurance you must have depends on many different factors, including the state you live in, your claims history, your credit score and your driving record.
The 10 least expensive cars to insure are a Buick LeSabre, Oldsmobile Silhouette, Honda Odyssey, Buick Park Avenue, Pontiac Montana, Mercury Grand Marquis, Buick Century, Chevrolet Venture, GMC Safari and Oldsmobile Bravada.
Your first claim will not necessarily affect your claim. This depends on many factors including the laws and regulations in your state, the length of time you have had insurance and your particular policy. You should inquire about details with your auto insurance provider.
They compile statistical history to determine the current rates for auto insurance. The rates are based on the amount of money necessary to pay for all company business expenses and claims.
Many difference factors can affect your rate, including the age, make and model of your vehicle, the purpose of your vehicle, where you drive it, your credit rating and your driving record.
Rent/Leased/Shared
Yes, your auto insurance policy will cover you if you operate a non-profit-making car pool where drivers take turns driving and receive reimbursement for their expenses from the other drivers.
Many insurance companies will not insure you or will not offer you a preferred rate if you live with a family member with a poor driving record. However, some companies will exclude this person from your insurance policy, so you should check with your insurance provider.
The rates differ because of many factors including the varying costs of doing business for each particular company and the different claims experience. Companies base current information on their experience dealing with past claims in your area.
Your car insurance policy may cover you if the vehicle is a pickup or van. However, you will need to purchase additional coverage from the rental company if you wish to rent a truck.
The car owner’s auto insurance policy should cover your damages in these circumstances. Therefore, he/she should contact the insurance company to file a claim.
Your auto insurance policy will cover the cost of renting a vehicle up to the limit specified in your policy if you chose to purchase rental reimbursement coverage.
Generally, rental car coverage is only offered if you rent a car while you are on vacation. You should always contact your insurance company to specify the details of rental coverage.
Generally, for car insurance purposes, “family members” include any extended or immediate family members who are of legal driving age, including parents, children, grandparents, aunts, uncles, siblings, cousins, foster children, in-laws and step family members. You should check with your particular insurance provider for an exact list.
You must list all residents of your household who are old enough to drive in order to protect you and your insurance provider.
Your insurance policy generally covers any person who has permission to drive your car. This is why you should list any individuals who regularly drive your vehicle on your policy.
Yes, you must purchase liability insurance if you lease a car. Your lender or auto dealer will also require that you purchase collision and comprehensive coverage.
Risk
Most states have an assigned risk plan established to ensure that all drivers will be able to receive coverage. Insurance companies must still insure high risk drivers, but the company may charge these drivers a much higher rate.
A high risk driver is one who has received many tickets, been involved in multiple auto accidents or who was charged with driving under the influence. Young, inexperienced drivers may also be classified as high risk.
Yes, your insurance company may decide to cancel or non-renew your policy if you are considered a high-risk driver. This depends on the laws in your particular state.
High-risk drivers are ones who file numerous claims within a short period of time, take intentional risks such as car racing or speeding or who cause an accident while driving under the influence of alcohol or illegal substances
Property & Vehicle Damage
Where you go to get your car fixed after you have been in an automobile accident will depend on your policy and who will be paying for your repairs. If you want to submit a claim to your own insurance, your policy will usually dictate whether you can use any shop or if there are certain garages covered by your insurance.
If you are in an accident where the other driver is at fault, you will need to get accurate and thorough documentation of the repairs. It is best to work with a well-known company and ask beforehand whether they will be able to provide accurate documentation.
At James McKiernan Lawyers, we will help you throughout the entire process. Contact us first at 805-476-4304.
In most cases, the person who pays the deductible in a car accident is the person who was at-fault for the accident. However, finding someone at-fault for an automobile accident can take some time, so it is likely that you will have to pay the deductible first and then be reimbursed if you are found to be “not at-fault.”
If the other driver is found to be at-fault for the accident, you can request additional compensation later as part of the settlement
This will depend heavily on whether or not you were at-fault for the accident, the circumstances surrounding the accident, and ultimately, what the judge deems appropriate.
The James McKiernan Lawyers can help you get the compensation you deserve!
It depends largely on who was found to be at-fault in the accident. If you were the person who caused the accident, then you will likely be responsible for paying all of the towing and storage fees. If the other party caused the accident, then they (or more likely, their insurance company) will have to pay for these fees.
Keep in mind it is likely that you will have to pay these towing and storage fees up front and then you will get reimbursed as part of the settlement you are awarded.
It is generally considered best practice to call your insurance company and file a claim with them after you have been involved in a car accident. However, you should first consider contacting an experienced personal injury lawyer. They will handle the insurance company so you can focus on recovering.
If the other party is at-fault for the accident and they are uninsured, they are still legally responsible for the fees associated with that accident.
However, it is important to carry uninsured motorist coverage with your own insurance company to protect you in case you are in an accident with an uninsured party. Sometimes abbreviated as “UIM,” this type of supplementary insurance will protect you if you are involved in an accident with a driver who does not have car insurance and who is found to be at-fault for the accident.
James McKiernan Lawyers will handle your property damage claim at no charge.
The short answer here is yes. If you are involved in an accident, it is highly suggested that you use the body shop recommended by your insurance company. This will help you to get everything covered and ensure that the body shop knows what they are doing and follows all the necessary procedures and protocols. Not all body shops will have the same accountability and provide the proper documentation that you will need in order to get everything covered.
If you are interested in using aftermarket parts, there are some things that you need to know. Most people prefer to use original equipment manufacturer (OEM) parts instead of using aftermarket parts. This is because OEM parts usually fit your car better and are typically guaranteed.
However, many insurance carriers will attempt to only cover the use of aftermarket parts and not original parts. In order to avoid this, you will need to read the fine print of your insurance coverage and see exactly what your coverage allows. There are a few ways you can do this:
Request OEM parts in advance
Talk to your insurance agent
Turn down insurance coverage regarding certain parts of your repair
You can legally seek damages and compensation from the company that worked on your car to recover some of your costs. This will be a separate claim from the initial accident claim.
When you work with a personal injury lawyer, they will guide you through this process and help you find what legal avenues work best for your individual case.
In the end, who receives the property damage check depends heavily on your agreement. Once your claim is settled and everything has been finalized, the insurance company may send you the check to pay for your vehicle repair or replacement, or they may send the payment directly to a third party, such as the repair facility or body shop. You will want to get the answer to this question before you settle your claim.
While this happens often, the best way to dispute an insurance claim is to work with your lawyer to write a formal letter to the claims adjuster that explains why you believe their total settlement is not enough to cover the damages your vehicle has sustained. It should be a thorough, well-written letter that explains your position in a very calm, professional manner.
If you work with a lawyer, you will have a much better chance of a positive outcome. James McKiernan Lawyers is happy to handle all insurance adjuster matters on your behalf.
In most cases, you will have to wait for your claim to be settled before you will see any money from the insurance company. You should expect to receive a check about 14 days after you have filed all of the necessary paperwork, so it is best to be prepared to pay for your damages out of pocket first and then wait for reimbursement.
After an accident, you will likely have to submit the claim to the insurance company for it to get paid. The at-fault party pays for the damages eventually, but you may have to pay for some of the fees up front and then wait for reimbursement from the insurance company.
Before you pay anything, you should talk to a lawyer about the damages and what your insurance covers. It is best to know all your legal rights before giving out any money for deductibles, towing, storage, etc.
Before you sign anything, it is best to consult with a lawyer to ensure that you are legally protected and that what you are signing is in your best interests. In general, there are three different types of releases:
The Medical Authorization Release – This allows insurance companies to look into your medical records.
The Release of All Liability and Claims – Do not sign this, as it allows insurance companies to not pay for damages and compensation that you may need.
The Property Damage Release (Check) – This usually states how you will receive funds after an accident.
Eventually, following an accident, you may have to sign some release forms, but it is best to wait until you have gone over them thoroughly with your lawyer to ensure you are only signing what is necessary and legally beneficial to you.
