Car Accident Questions? Call James McKiernan Lawyers | Central Coast, CA & San Luis Obispo

FAQOur 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

Will I receive a grace period for payment of my premium?

Most insurance companies will offer a minimum 15-day grace period to pay your premium before they cancel your policy.

What is depreciation?

Depreciation is how much the value of your car decreases over time because of wear and tear.

What will happen to me if I choose to drive without car insurance?

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.

What is a declarations page?

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.

Who is responsible for a mistake on my insurance forms?

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.

Can I insure another person’s car?

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.

Which states are no-fault states?

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.

What happens to my auto insurance if I am charged with a DUI offence?

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.

How does an insurance company define a sports car?

This depends on the particular insurance company. They take into account factors such as the horsepower, stock and modifications made to a vehicle.

How can I find the insurance records for the previous owner of a car?

You should contact your state department of insurance to inquire about their specific disclosure laws.

Can I purchase auto insurance if I have a foreign or conditional license?

Yes, you can purchase auto insurance for any type of license, including a foreign or conditional one.

Can I purchase auto insurance if I have a learner’s permit?

Yes. In fact, you must purchase auto insurance regardless of the current status of your license.

What should I do if my vehicle is totaled?

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.

How long will it take to recover my 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.

What does actual cash value mean?

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.

What happens if I forget to include some information on my driving record?

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.

What is a deductible?

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.

What is a premium?

The yearly fee that you pay for your insurance policy is called a premium.

What is the main reason for requiring auto insurance?

Auto insurance provides drivers with peace of mind, as well as financial security if they are ever involved in a motor vehicle accident.

Do I have to purchase auto insurance if I own a vehicle?

If you drive a vehicle in the USA or Canada, the law requires you to have auto insurance coverage.

What is auto insurance?

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

What is the responsibility of my insurance agent in the claims process?

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.

What should I do if my company adjuster misses some information on my repair estimate?

You can challenge the estimate by advising your company adjuster immediately that the damage estimate is incomplete.

How many estimates does an insurance company require?

This depends on the company. Some companies require 3 estimates, but others use estimates provided by internal claims adjusters.

If I am in an accident with a driver who has out-of-state insurance, where do I file a claim?

You should check with your insurance company and file a claim as if the other party was from your state.

How will I know the actual salvage value if my car is totaled?

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.

How do I know which representative will handle my claim?

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.

How long will my claim take to process?

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.

Will my insurance provider investigate any cases of potential fraud?

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.

Do I have to file a state motor vehicle report?

This is required by certain states, so you need to check with your insurance provider to see if it’s required in your area.

Do I have to file a police report if my vehicle is stolen?

You should always file a police report if your vehicle is ever stolen or damaged.

Will I lose my safe driving discount if I file a claim?

If you are found at fault in a motor vehicle accident, you will most likely lose your safe driving discount.

Can my company refuse to renew my policy if I have too many claims?

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.

If I contact my insurance company to verify whether my policy covers a loss, can they record this as a claim, even if I do not receive any money from the insurer?

Yes, your auto insurance company records every claim.

Coverage

Will the amount of depreciation of my vehicle affect my 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.

What is gap insurance?

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.

If I sustain injuries in an auto accident as a pedestrian, will bodily injury liability still apply?

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.

Should I bother purchasing collision coverage if I own an older vehicle?

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.

What is single-limit liability car coverage?

Single-limit liability car coverage gives only 1 number that is the maximum coverage for property damage and bodily injury together.

What is split-limit liability car coverage?

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.

Will my insurance cover the cost to replace a cloudy and pitted windshield if I purchased complete glass coverage?

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.

Who is responsible for any lost wages if I cannot continue working?

Lost wage reimbursement varies depending on your particular state and the type of coverage you purchased. Therefore, you should contact your claims representative.

Who will pay the remainder of my loan if my vehicle is totaled?

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.

Will my policy cover any property stolen from my vehicle?

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.

What is uninsured/underinsured motorist coverage?

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.

What is personal injury protection?

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.

What is bodily injury liability coverage?

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.

What is medical payments coverage?

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.

What is no-fault insurance?

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.

What does replacement cost coverage mean?

Replacement cost coverage equals the cost of a new vehicle with no depreciation.

What will uninsured motorist coverage cover?

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.

What should I do if I have an accident with an uninsured motorist?

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.

Do I have to pay a minimum amount of comprehensive or collision coverage?

No, since the only type of insurance that is mandatory in most states is liability, there is no minimum for comprehensive or collision coverage.

What kind of optional coverage can I choose?

You may have many insurance options above your minimum required policy. These include collision insurance, family protection coverage, transportation replacement, etc.

How do I know the minimum amount of liability insurance required?

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.

What is liability coverage?

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.

What is collision coverage?

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.

What is comprehensive coverage?

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.

Will my insurance company cover me if someone else sues me?

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

Will my auto insurance policy be valid if I drive in Mexico?

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.

Will my auto insurance policy be valid if I drive in Canada?

Most American auto insurance policies will provide coverage if you drive in Canada, as long as you bring proof of insurance with you.

Will my auto insurance cover my relatives who have international driver’s permits?

Your insurance policy will cover them if you choose to add them to your auto insurance policy when they visit and drive your car.

What happens if I am in an accident in another state?

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

Can my insurance company cancel my policy in the middle of a term?

Yes, your insurance company can cancel your policy any time as long as they provide you with sufficient notice and a valid reason.

Does my insurance company have to advise me why they have cancelled or refused to renew my policy?

Yes, all insurance companies must advise their clients of the specific reasons regarding cancellation or non-renewal

Will I receive a refund if the insurance company cancels my policy?

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.

What does an assessable policy mean?

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.

Does my auto insurance policy have to contain the same name as my car loan?

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.

What should I do if law enforcement recovers my stolen 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.

Will my spouse’s or children’s accident records affect my ability to purchase car insurance?

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.

Which household members do not need to be included on my policy?

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.

What should I do if I do not receive a satisfactory response about the unfair cancellation of my policy from the consumer affairs division?

In this case, we suggest you contact your state insurance department to discuss the issue.

What should I do if feel my insurance company has cancelled my policy unfairly?

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.

Can my insurance company cancel my auto policy

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

Can my insurance company perform a credit check on me?

Your insurance company can only perform a credit check if you have signed an authorization form permitting them to do so.

Will it cost more if I choose to pay my premiums on a quarterly or monthly basis?

Most companies charge an administrative fee to pay your premiums quarterly or monthly, rather than annually. You should check with your particular insurance provider.

Am I eligible for any kind of discount on my insurance policy?

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.

How can I lower my insurance premiums?

You can lower your premiums by keeping a clean driving record, maintaining consistent coverage and taking a defensive driving or driver improvement course.

How much will the cheapest car insurance cost?

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.

What are the most inexpensive cars to insure?

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.

Will my policy automatically increase after I file a claim?

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.

How do companies determine auto insurance rates?

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.

What factors affect my auto insurance rates?

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

Will my auto insurance policy cover me if I use my car in a car pool?

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.

Why do I have a harder time obtaining auto insurance if drivers in my household have a bad driving record?

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.

Why are the rates so different for different insurance providers?

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.

Will my auto insurance policy cover a rental truck that I use to move my personal property?

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.

What happens if I am in an accident while driving someone else’s car?

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.

Will my policy cover the cost of renting a vehicle while my vehicle is getting repairs?

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.

Will my auto policy cover me if I rent a car?

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.

Which individuals are considered family members?

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.

Why do I have to list all household members, even if they do not ever drive my car?

You must list all residents of your household who are old enough to drive in order to protect you and your insurance provider.

Will my insurance policy cover other people if they drive my car?

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.

Do I have to purchase auto insurance if I lease a car?

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

What does assigned risk mean?

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.

What is a high risk driver?

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.

Can my insurance provider cancel my policy if I am a high-risk driver?

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.

What is a high-risk driver?

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

Who Fixes My Car?

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) 254-7596.

Who Pays My Deductible?

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.

Will I Get Top Dollar for My Totaled Car?

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!

Who Pays for Towing and Storage Charges?

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.

Do I Use My Insurance or the Other Party’s Insurance?

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.

What If the Other Side Is Uninsured?

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.

Do I Have to Use the Insurance’s Body Shop?

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.

New, Used, Or After-Market Parts for My Car?

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

What About Faulty Workmanship on My Car?

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.

Who Gets the Property Damage Check?

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.

What If I Disagree with the Insurance Company?

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.

When Can I Get Paid?

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.

Who Pays What?

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.

Do I Sign A Release?

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.

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