How Much Can I Get For Damage To My Car?
There is no pain and suffering associated with damage to a car; all you’re entitled to receive is the cost to repair that car. The insurance company will pay whatever they feel is the reasonable amount for repairing the car. If the car is totaled (meaning that the damage exceeds the value of the car), then the insurance company can elect to pay for the value of the car rather than the repair. That means that if you have a $2,000 car that will cost $5,000 to fix, then they can simply give you $2,000 for the car.
If they do pay for the car, then they will usually require you to transfer the title to them. Sometimes they will subtract the salvage value of the car if you decide to keep the car, because they would just sell the car for usable parts. If the car is totaled, you’re entitled to sales tax and the registration fee associated with the transfer. They will usually pay that, and you may get some money for loss of use. In other words, people look at it in terms of the vehicle. They may give you a rental car for two weeks, but not much longer than that. If you decide that you want to look around for a car and it’s going to take you three months, the insurance company will not pay for you to have a rental car for that amount of time because that would be considered unreasonable.
Can I Use My Health Insurance To Pay My Medical Expenses In The Accident?
If your personal injury protection (PIP) insurance benefits have been exhausted, you can use your health insurance to pay for medical expenses. The idea behind PIP was to cover everyone, and we start with the owner of the vehicle. However, the problem is that not everyone owns a motor vehicle. So, what do we do?
There is a hierarchy in terms of the levels of priority, whereby we keep asking questions to find out who will be responsible to pay PIP. If you are the owner of a motor vehicle, then your auto insurance company will pay. If you do not own a motor vehicle, then the next question we consider is whether you live with a relative who does. If you do, then that relative’s auto insurance company would pay.
For instance, if you don’t own a car but you are living with your brother, sister, mother, daughter, son etc. who does own a car and has auto insurance, then that insurance company would pay the PIP benefits. It makes no difference that your relative’s car was not even involved in the accident. If you do not own a car and do not live with a relative who owns a car, then we have to consider whose car you were in at the time of the accident. Under Florida law, the auto insurance company attached to that person’s vehicle would pay.
If a pedestrian who does not own a vehicle and does not live with a relative who owns a vehicle gets hit by a vehicle, then that driver’s auto insurance company would pay for the pedestrian’s PIP benefits. People who do not own cars but live with relatives who do will often say that the relatives are furious and do not want their insurance rates to increase. However, it should not really affect their insurance rates because they were not responsible for the accident. It is by operation of law; their auto insurance company needs to pay.
Why Can’t I Go After The Other Driver If He Doesn’t Have Proper Insurance?
The reason why most lawyers will not take a case if the at-fault driver does not have auto insurance is that there are many ways to protect assets in Florida. When I say protected assets, I am primarily referring to a home protected by the “Homestead Exemption” law and a car that may be leased or financed, which is owned by another entity. To file a lawsuit and expend money in a lawsuit only to find out that the judgment is not collectible, would not be financially feasible, for an accident lawyer or yourself. However, there is the option of having collision auto insurance or uninsured motorist coverage. If you have uninsured motorist coverage or you are in a car of a driver or owner who has uninsured motorist coverage, then a lawyer would consider taking your case.
For more information on what happens When You Are Hurt or Injured In An Automobile Accident, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 903-8892 today.
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