Frank Kirsh Law Firm Practices Personal Injury, Medical Malpractice, and Auto Accident Cases in Rockville, Maryland

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Driver Information Handbook
Your legal rights in collision

 

Fixing Your Vehicle

Following an investigation by the police at the accident scene, your vehicle may be towed if it is disabled or rendered unsafe to drive. If you have any reservations about operating your car, heed them and arrange alternative transportation through family, friends, a cab or the police officer. When your car is towed, it will typically be taken to a storage facility pending a decision concerning repairs. Your insurance carrier is responsible for the costs of towing and storage.

The insurance carriers -- both yours and the insurer of the other car -- are entitled to inspect your vehicle. You should provide them with the location of your vehicle without discussing the facts of the accident . If it is not convenient for you to transport your car to an inspection site, demand that the insurance carrier go directly to the location of your car. Before the insurance carriers appraise your vehicle, you should have color photographs taken of your car. Sign and date the back of the photographs.

Choosing a Mechanic

You have complete authority to select the mechanic who repairs your vehicle. If you do not have a trusted mechanic, consult with friends and your attorney before a final selection. Your insurance carrier may recommend a shop but be aware that your insurer's mechanic give you a low estimate for the repair. A lower estimate will often overlook details such as proper alignment, headlight adjustment, correct matching of paint colors, etc.

Your mechanic and/or body shop is required to provide you with an estimate of the expected costs. The estimate should be submitted to the insurance carrier. Ask your insurance carrier to authorize your mechanic to replace any parts from the original manufacturer. Recent studies have concluded that other grades of materials do not perform at the recommended levels of safety.

Using an Attorney for Maximum Reimbursement

Do not sign any releases until you are sure the insurance company will cover the cost of all repairs to your satisfaction and that they will give a check to the repair shop in a timely manner so that you can get your car back as soon as possible with no out-of-pocket expenses to you. An experienced personal injury attorney should review any release before you sign it.

If the cost of repairs is greater than the value of the car, the insurance company will offer to reimburse you only for what they consider to be the "fair market value" of the car. This figure will often be much lower than the purchase price of the vehicle because the insurance company (1) will deduct for depreciation of the automobile, (2) will not reimburse for your finance or preparation charges, and (3) may use a schedule which does not reflect the current fair and equitable value of the car.

You may lose money when the insurance company assesses the value of your vehicle, and controls how it will reimburse you. In these instances, an experienced and skillful negotiator can save you money by arguing for the true worth of the car to you, and demanding the most generous mode of reimbursement. A good attorney will manage your property damage quickly with the assurance of obtaining the maximum value of benefits.

The Law Office of Frank A. Kirsh, L.L.C. assists clients in negotiating property damage settlements and does not charge a fee or a percentage for this service. All of the money recovered for your damaged vehicle goes directly to you.

If You Need A Rental Car

The anxiety and frustration of an automobile accident is quite often compounded by the inconvenience of losing the use of your vehicle. You have the right to the use of a rental car while your vehicle is out of commission. All expenses relating to the rental of this vehicle should be paid by whichever insurance company is liable for this coverage. Before you rent a car, you should contact your insurance agent to determine if your insurance coverage will transfer to the rental vehicle. Upon completion of the repairs to your car, the rental car must immediately be returned or you will be personally liable for late charges.

 

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