Author: robertedenslaadmin

If you have been in an auto accident and your car suffered extensive damage, there is a chance that your insurance company may say that it is a “total loss”. Consider you are driving in a 60 speed limit street when suddenly a dog runs past your car, followed by a kid chasing it. Your topmost priority would naturally be to save the kid. However, you may end up crashing your car in a tree or a utility pole. While you may be happy that the dog and kid is safe, your car is completely totaled. What would you do in such a situation?

What is meant by a Total Loss?

After the accident, you have to call your insurance company. The insurance provider will assess whether the damages sustained are repairable or your car is a total loss. A vehicle is declared a total loss when the cost of repairs exceeds the car’s value, or when the car cannot be restored to a condition where driving it can be considered safe.

If your car is a total loss, your insurer will evaluate its market value, i.e. the worth of your car before the accident took place. On the other hand, if the damages are less than the car’s values, the insurance provider will pay for the repairs up to your policy limit.

In case you have been in an accident with another driver where the other party was at-fault, you can make a claim on their insurance company to get compensation for the damages. You may also make a claim for the diminished value after your car has been repaired.

What if the Total Loss Payment is not enough to cover your Car Loan?

Since the insurer will only pay the market value of your destroyed property, you may end up with less money to cover your outstanding car loan. Consider you owe $12,000 on your car loan, but at the time of the accident, the market value of your car was $9,000. After declaring your car is a total loss, the insurance company will only pay you $9,000, leaving you with $3,000 in excess on your loan, even though you do not have a car anymore.

Moreover, your insurer has the right to sell the remains of your car on the secondary market after it has been proclaimed to be a total loss. This is done so that it can recover some of its losses. You may try and convince the insurance company to allow you to keep the car, but that is highly unlikely to happen.

There are many complications and intricacies involved in total loss and diminished value claims. If you have been involved in an accident where the at-fault driver totaled your car, you should talk to an experienced and reliable auto accident attorney before making a claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

The claims for auto accidents are carefully interrogated and assessed. The police and jury will not only keep a check on the reports but they will also compare your statements with your actions. Your negligent behavior or constantly changing statements may put you in serious trouble. Here are the three most important psychological aspects that can strongly influence the success of your claim.

Consistency of the Incident Explanation

During interrogations, your opponent would have given statements that are somewhat or entirely different from your statements. Sometimes, more than one or two vehicles and persons are present on the spot. The interrogators will repeatedly ask you about a vehicle coming from the left side or the vehicle following you. You may need to describe the incident from different angles. The interrogators mostly ask about the following elements present on the incident site.

• First responders – these may include police, medical service, Mayday, or someone else
• Other drivers or passengers present in your vehicle
• Other drivers or passengers present in the vehicle of the other person
• Other vehicles or passerby on the incident site

The interrogators will collect your statements given to other relevant institutions. These include:

• The insurer’s adjuster of the defender
• Nurses and doctors, who attended you right after the auto accident
• Your insurance company
• The jury
• Your physician

The interrogations will continue if the statements, given to similar or different institutions, conflict. Otherwise, the interrogators will submit the statement to the jury.

Doctor’s Opinion in Respect to Your Medical Conditions

Medical claim is the easiest to submit and settle for. However, it is also the most carefully observed unit in a claim. The defense attorneys will carefully compare your medical bills with the doctor’s opinion. The attorneys will inquire the doctors about your pain, suffering, and damage. Sometimes, the attorneys inquire about the medical history of the victim, especially if the victim files claim after many days or months past the incident.

Comparison of Complains and Actions/Lifestyle

The defense attorney will compare your medical conditions and complaints with your lifestyle. Your actions would be carefully watched, even when you are unaware of it. For example, if the doctor says that the victim should not lift more than 20 pounds of weight, but the victim conveniently lifts 20+ pounds, then the action will surely be caught by the defense attorney. Defense attorney may also submit a video of that person lifting heavy weights. Sometimes, the defense attorney compares the actions and statements in the court also. Similarly, if the person claims fracture in an arm but easily lifts an object, the claimer may lose thousands of dollars in settlement.

It is important to be honest and fair with your attorney. Inconsistency in statements and actions occurs when the victim is unfair.

Contact Robert T. Edens, P.C. at 847-395-2200 or online today for scheduling a free consultation or discussing your auto accident settlement needs.