Dan Newlin
Attorney Dan Newlin Florida
Repair or Replacement of Vehicle Following an Automobile Crash
Automobiles are a part of EVERYONE’s daily lives. Whether you are a vehicle owner, a passenger, or a pedestrian you will likely interact with or at least encounter an automobile every day of your life. In Florida, vehicles are relied upon heavily for personal use, commercial transportation and even recreation. To a family, a vehicle could be a vital ingredient in the daily routine of taking kids to school, commuting to work, running errands, attending church and transportation to leisure activities such as a day at the beach. When a vehicle owner gets involved in an accident, many times there is not only injury to vehicle’s occupants, but severe damage to the vehicle itself.
Losing the use of a vehicle, even for a short period of time can be crippling to the function of a person’s daily life. Although some auto insurance carriers provide for a rental car, the sad fact is that most do not. Potentially, an accident victim is left literally stranded with no transportation to work, to a doctor’s office, or even to pick up kids at school. If you have been involved in an accident where there was serious damage to your vehicle, there are many important things you should know concerning how to have your vehicle repaired or replaced.
There are two types of insurance policies that cover damage to vehicles: Property Damage Liability Coverage, which is required in the state of Florida, and Collision Coverage, which is not required. Property Damage Liability Coverage, known as PDL, is required by all insured drivers. This coverage will at a minimum provide $10,000 to repair or replace vehicles that are damaged in an accident that is THE INSURED PARTY’S FAULT. Essentially this means that this coverage is not available to repair or replace your own vehicle. If you are involved in an automobile accident, you can pursue a claim against the at-fault party’s Property Damage Liability Coverage. Although this sounds simple, there are many factors that can make the process very difficult indeed.
For one thing, who is at fault in an accident is often in dispute. The insurance company will likely conduct their own independent investigation and weigh such factors as the damage to both vehicles, statements from the driver’s involved, police reports, citations issued and even witness statements. This investigation can take several weeks to be completed all the while your vehicle is accruing towing and storage costs and you are without transportation. Another problem may arise if the damage to your vehicle exceeds $10,000 or if there are multiple vehicles damaged in the accident all pursing the same coverage. For that reason, it is advisable to carry Collision Coverage.
Collision Coverage is not mandatory by Florida Law. This type of coverage, unlike Property Damage Liability Coverage, covers the insured’s vehicle for damages caused by an accident. This coverage is typically available regardless of fault and therefore is usually easier to file a claim through for repair or replacement of the damaged vehicle. However, most Collision Coverage policies require the insured to pay a deductible towards repairs or replacement. If you are involved in an auto accident and you carry Collision Coverage, you have the option of pursing a claim for damage to the vehicle through your own insurance (Collision Coverage) or through the at-fault party’s insurance (Property Damage Liability Coverage). Collision Coverage is important to carry as it can protect you from having your vehicle damaged by an uninsured driver.
A vehicle damaged in an automobile accident will either be repaired or replaced. The insurance company usually control where the vehicle will be repaired and depending on the policy, could authorize the use of used parts for repairs. Furthermore, the vehicle owner will typically have to come up with the deductible amount before repairs can commence. If you vehicle is being replaced, an adjuster will inspect the vehicle and gauge its fair market value (FMV). The vehicle owner will be entitled to that amount deemed to be the FMV or essentially the cost to purchase a like vehicle in the available market.
Property Damage claims can often be very complex and involve different insurance carriers and different policies. It is important that you consult with an experienced attorney concerning loss to your vehicle and the manners in which you can have your vehicle repaired or replaced. The Law Office of Dan Newlin offers FREE CONSULTATIONS to accident victims in need of assistance in filing a claim for damage to their vehicle.
Mr. Newlin can be reached at www.NewlinLaw.com