My wife was in an auto accident w/the other party at fault. Had questions about her injuries & insurance?

Question

The other party failed to yield the right of way entering an intersection. She was issued a citation for the accident and has current auto insurance. My wife suffered first degree burns on her arms and also back and neck pain. Her vehicle looked totaled with the front end completley caved in. Her vehicle is a 2004 Nissan Exterra with 40000 miles and it was almost paid off. We live in TX. My questions are... How much would she recieve to replace her car? Will she get a rental car to drive in the mean time? How long till this gets resolved? Should we expect a settlement for her injuries, lost wages, hospital bills? and should we look into hiring a personal injury lawyer or just let the insurance company handle it? I'd appreciate any insight thank you.

Answer 1

This all boils down to what is covered in the insurance policy. Most policy do not have car rental, it’s and option on the insurance. Injury wise, most states have a minimum coverage of 25000 per person. This often only covers 2 nights in the hospital. If your medical bills get out of control (they most likely will) then you would want to seek the advice of a lawyer. Also have your insurance agency work with the responsible parties insurance, they speak the same language. But make sure you completely understand what is being offered before you sign anything. Again the advice of a lawyer will help you with this.

Answer 2

She will receive fair market value for her car.  (If you don't like their offer, tell them and try to get more) Have your insurance Ask for a rental for you.  Let your insurance company handle everything unless you want to sue.  If you do hire a lawyer and let him handle everything.

Answer 3

I assume you are filing a third party claim for the damage to your vehicle.  If the vehicle is totaled, you will receive the Actual Cash Value(Replacement minus depriciation).  You should be offered a comparable rental vehicle while the property damage claim is pending.  Usually, the insurance company will let you keep a rental for a few days after the check is issued.  The insurance company will also pay for any storage, towing etc.

No need to get an attorney.  Work with the adjuster.  If you feel that he/she is not being fair, then you consider retaining counsel.

Regarding her injuries and expenses,  TX has "add-on"  PIP coverage which pays for the medicals and of lost wages.  You would have had to purchased this insurance.  You may not have it.  If you do, call your insurance company and file a No-Fault claim.  They will pay for her medical expenses and lost wages(usually just a percentage).  Once your wife reaches a medical end result,  your insurance company will subrogate for the damages they paid out.  

If you do not have this coverage, the medicals and lost wages will be included in the settlement, assuming there is no threshold requirement in TX.  They will not "pay as you go".  However, in an effort to maintain the direct deal relationship with your wife, they may consider offering her lost wages.  This amount would be deducted from the final settlement.  It pretty much depends on the insurance company if they will pay for her wages while the settlement is pending.  They are not required to do so.

You will likely be asked to sign a HIPPA medical release so the adjuster can secure the medical reports related to the injuries.  You can decline, but you will have to do all of the leg work.  

Once your wife stops treating and the adjuster has all of the medical records, lost wage info etc., the claim will be evaluated.  

The evaluation is based on the nature and extent of her injury, disability and treatment.   Any outstanding medicals will be added in addition to her lost wages, if she was not already paid.

Answer 4

if the car is totaled they will pay you ACV for it.  they will pay for all her medical bills, any lost wages if she works due to the accident, & a rental car.  How long it takes depends on what they offer you for her pain and suffering and if you decide to take their offer or take it to court.  keep in touch with the adjuster and be NICE to him.  you will get a lot farther with him by not losing your cool.  if you are not happy with what they offer you, then you may want to seek legal advice.  rememeber that hiring an atny takes a LOT of your settlement away from you so its best to try and settle yourself if possible.  don't look to get rich off insurance and you should be ok.

Answer 5

First, File a claim with the at fault drivers insurance company.

Second, Make them aware that your wife was injured. They will explain their procedures to handle the medical part of the claim.  If your wife has to go for anymore treatment for her injuries, other than the hospital visit she already had, the ins co will wait til she is done w/ all treatment before even reviewing the medical claim. Once she's done the ins co will review all the medical bills and records and evaluate the claim for an offer.

Third, let them know that your vehicle is not driveable, and ask how you should go about getting a rental car. They may refer you somewhere with a direct billing. Or they could tell you that you have to pay on your own and they will reimburse you.

Also, if your vehicle is sitting a tow yard, make sure its moved to a body shop, even if you think its totalled. If the location of your car is charging you storage fees, the insurance company might not pick up those charges.

Ok I think I've answered all your ?'s. Hope this helps