Property Damage Issues After a motor vehicle accident, not only do you have to deal with any injuries that you suffered, but you also have to deal with a motor vehicle that has been damaged because of the accident.
The property damage caused in a motor vehicle accident is inconvenient because you have to go without your car while it is getting repaired.
Also, the defendant's insurance company only authorizes certain repairs which can fall well below your expectations.
As such, you have a situation of paint not matching or the vehicle not working like it worked before.
Also, the defendant's insurance company could simply declare your vehicle a total loss and give you a check for the fair market value of the vehicle, which generally does not reflect the true value of your vehicle.
The defendant's insurance company can be difficult when you are trying to get your vehicle fixed.
You are entitled to a rental vehicle while your car is being fixed, but the defendant's insurance company can limit how many days you get a rental vehicle.
Often times, it is almost better to call your own insurance company to get the property damage fixed, but, again, then you have to pay your deductible and you may not get a rental vehicle unless you have rental coverage on your policy.
Hopefully, you will get back your deductible in the future since your insurance company will go after the other insurance company for this money.
If you do not have rental coverage on your car insurance policy, then you have no vehicle while your car is getting fixed.
The law in Virginia is very difficult when it comes to the property damage issues and, generally speaking, the best way is to try to resolve this as quickly as possible and simply realize the laws in Virginia do not benefit the person who has the property damage.
The defendant's insurance company generally does not go out of its way to properly fix the car or to properly estimate the true value of your car.
Lost Wages Besides dealing with the property damage of your car, you lose time from work because of your injuries.
Unfortunately, these lost wages generally are not repaid until a much later date.
There is no good solution to this problem other than looking to your own car insurance policy to see if you may have coverage to help with the loss of wages because of a car accident.
Generally speaking, most people do not have this coverage on their policy.
The defendant's insurance company generally will not pay you for lost wages unless you sign some type of release which could greatly affect the value of your case.
Your healthcare provider must provide a note to keep you out of work if you want the defendant's insurance company to consider your lost wages.
The bottom line is that when you are injured and miss time from work, there is no good solution and that this can greatly hamper paying the family bills and putting food on the table.
Severe injuries cause not only past lost wages but future lost wages.
In order to be compensated for these future loss of wages and wage earning capacity, proper experts are needed, such as a qualified physical therapist that will provide a Functional Capacity Evaluation and a Vocational Rehabilitation Counselor that will determine what work restrictions you have because of your injuries.
At some point, you may need an Economist to determine the present value of these future lost wages.
Injuries: Pain and Inconvenience Besides being faced with the property damage of your vehicle and the loss of wages because of your injury, the greatest inconvenience to you is the pain and inconvenience that is a result of these injuries received from the motor vehicle accident.
Your pain will probably cause you difficulty getting out of bed in the morning, problems with your daily activities, and problems with sleeping.
Unfortunately, you generally cannot be compensated for your pain and inconvenience until you have totally finished your medical treatment.
The defendant's insurance company will try to pay you before you are done with your treatment and, if you accept this money, you may sign away any rights you have in the future.
The only thing that can help you get through this pain and inconvenience is making sure you have the proper medical treatment and then realizing that you have legal rights to protect you.
Most people do not realize the staggering amount of inconvenience a motor vehicle accident causes because of the damage to the vehicle as well as the injuries that resulted from the accident.
Basically, your whole life is disrupted and if you can be prepared for the difficulty at the beginning, it makes this challenging process a little easier.