Category Archives: Insurance

Have you been injured? Has it been difficult to deal with your insurance company? Watch our blog for items of interest.

After a wreck, how does insurance work if your car value decreases after being repaired?

‘Diminished value’ is a term used to describe the loss in value of your vehicle after an accident, even with a quality repair. With services such as AutoCheck and CarFax, it is a matter of public record when a vehicle has been wrecked and repaired. This will negatively affect resale and trade-in values. When a late model vehicle sustains a large amount of property damage, you are eligible to demand compensation from the negligent driver’s insurance company for ‘diminished value.’ Insurance companies don’t like to pay these claims, but they are legitimate elements of loss. The loss dates from the time of the accident, not from some uncertain time down the road when you later try to sell or trade-in your repaired vehicle. (Usually, language within your personal auto policy may prohibit you from filing a diminished value claim against your own insurance carrier, but you should examine your policy to see if this applies.)

Whether or not you succeed in proving the loss in value will greatly depend on what kind of supporting documents you’re able to obtain. Letters from reputable car dealerships (noting how much they would pay for your repaired car as compared to an untouched car) are generally taken into consideration by the third party carrier. Most later model vehicles should qualify for a diminished value claim.

If you’ve been in a car wreck and have experienced some type of injury, contact the auto injury attorneys at Craig Swapp & Associates. We’ll examine your case and then advise you how to protect your rights. Call for a free consultation at 1-800-404-9000 or contact us online.

How do I determine the loss in value on my vehicle after an accident?

When the estimated damage or repair cost to your vehicle exceeds the market value of your vehicle, your vehicle is considered a total loss. Rather than repair a ‘total loss’ vehicle, an insurance company should pay you the fair market value of your vehicle. They should also pay you tax and title expenses.

Two options are typically presented once this is determined.

Option 1: You retain the salvage/damaged vehicle. (Fair market value less ‘salvage quote’ and any applicable deductible) The presence of a lien holder may eliminate this option. Please consult your lien holder for details. Also, if you opt to retain the salvage, you will be required to obtain a salvage title for the involved vehicle through your local DMV.

Option 2: The insurance company pays fair market value of your vehicle, takes possession of the wreck, and disposes of the damaged vehicle as they see fit.

Total loss payment should be issued upon delivery of the signed/released title. Certain companies prefer that you don’t sign the title but ask that you fill out documents such as a limited power of attorney instead.

If you’ve been injured in a car accident, call the car wreck lawyers at Craig Swapp & Associates. During our free consultation, we can usually tell you whether you have a good case. Call 1-800-404-9000 or submit details online.

If my automobile is totaled in an accident, who pays for the storage fees?

This may vary from state to state, but generally the automobile owner involved in a car accident should look to reduce any costs or fees associated with the accident and damages. You should do everything in your power to mitigate your damages, which may include the time your damaged vehicle sits at a tow yard. The insurance company may try and stick you with costs it feels are excessive or could have been avoided. Generally, you should immediately authorize the negligent driver’s insurance company to move the vehicle to a no-fee storage lot controlled by the insurance company. If there is a liability dispute and you have collision coverage, make a claim with your own company and allow them to move the vehicle to a no-fee storage lot. Most insurance companies have no-cost storage capabilities and will move the vehicle as soon as possible to one of these lots. When you notify the insurance adjustor of the location of the vehicle, make sure the insurance company is arranging for the removal of the vehicle to cost-free storage. Because each situation is unique, a thorough review of your policy & case is recommended.

If you have questions, please feel free to contact us and help you ensure you have your rights protected and get a full and fair settlement. It’s important you contact us immediately following your accident. Call us at 1-800-404-9000 or fill out our webform for one of our representatives to contact you.

What if My Vehicle is a Total Loss?

Repairing a total loss

Some insurance adjustors insist on fixing vehicles that are obviously demolished and should be totaled. It is often cheaper for an insurance company to repair a newer vehicle using its preferred body shops than to write it off as totaled. Insurance carriers control and manipulate the repairs performed at shops to which they promise to continue sending work. Many of these “preferred” shops quickly fix the car just as the adjuster directs, skimping on cosmetic fit-and-finish procedures and sometimes compromising safety with substandard repair. The insurance carrier gets a cheaper repair, and the car owner remains unaware of problems still lurking under the shiny new paint.

To combat this situation, you should move the wrecked vehicle to a body shop that the insurance company cannot manipulate. This neutral shop’s comprehensive repair estimate will reflect the true nature of the collision damage. Once you’ve moved the car to another repair shop, the insurance adjustor may suddenly reconsider and find the car a total loss.

Keeping the wrecked vehicle

If your vehicle is a total loss, the insurance company will not only pay for the fair market value of the vehicle, but they will also reimburse you for the tax and licensing fees you have paid of which you will not get the benefit. They will also pay for the salvage value of the vehicle, which is the amount of money they will get when they sell the wrecked vehicle to a salvage yard for scrap.

If you want to keep the damaged vehicle, please understand that the insurance company will deduct from the settlement offer the salvage value because in essence, you will be keeping the value in the wrecked vehicle. Also, understand that the insurance company is obligated by law to report the total loss to the State Department of Motor Vehicles. The DMV will make a notation on the title to your vehicle, rendering it a “branded” title. The reason for this is to put all future buyers of this vehicle that is has been deemed a total loss. This will significantly diminish the value of this vehicle, even if it is repaired sometime in the future.

How can I get compensation if the other driver has no insurance?

The odds are increasing that the person who causes an accident has little or no insurance. If this is the case, you still have an important option. Many states have laws requiring vehicle owners to purchase Uninsured Motorist (UM) or Under-insured Motorist (UIM) coverage. Check your policy and see if you have UM coverage. If so, your insurance company is obligated by law to pay your medical costs, lost income and pain and suffering when injured by an uninsured motorist.

If the driver at-fault does not have enough insurance to cover the costs of the accident, your UIM coverage should pick up the remaining amount.

Craig Swapp & Associates routinely works with UM and UIM claims and can help by getting you fair compensation from your insurance company. Call us today to find our how we can help you – there’s no obligation.

How Much Auto Insurance Coverage Should I Buy?

Most states have minimum requirements for liability insurance and too many drivers assume that the minimum coverage is sufficient. We recommend at least 100/300 for bodily injury liability, which means that you are covered up to $100,000 per person/$300,000 per occurrence for injuries you may cause to someone else.

Having good liability coverage is certainly a good idea. However, it is probably more important that you protect yourself. We recommend that you also purchase 100/300 or more in uninsured motorist (UM) coverage and 100/300 or more in underinsured motorist (UIM) coverage. UM and UIM coverage protects you, your family members and occupants of your vehicle for bodily injuries when the at-fault party has no liability coverage or has the minimum liability coverage required by law. Often, the minimum coverage required by law is insufficient.

For example, if you or a family member are seriously injured in an automobile accident and your past and future medical expenses, income loss and general damages amount to more than the $25,000 minimum required by most states, your UIM coverage will step in and make up the difference between the value of your damages and the amount you are able to collect from the at-fault party.

Check with your insurance company — you will be pleasantly surprised how inexpensive UM/UIM coverage can be. And if you have questions about your particular insurance coverage and whether it is sufficient, give us a call. Our lawyers are happy to give you advice about your coverage before an accident happens and its too late.

KSL Highlights Utah Office of Personal Injury Attorneys Craig Swapp & Associates

KSL recently sat down with Craig Swapp in our Utah office to see what we do and asked Craig what’s the number 1 thing we recommend to people when they call us.

Utah personal injury attorneys Craig Swapp & Associates also have offices in Spokane, Washington and Boise, Idaho, and are licensed to practice in several other Western states.

Pending Legislation to Prevent Insurance Companies from Dropping Coverage

The Washington Post (9/8, Vick) reports, “Rescission — the technical term for canceling coverage on grounds that the company was misled — is often considered among the most offensive practices in an insurance industry that already suffers from a distinct lack of popularity among the American public. Tales of cancellations have fueled outrage among regulators, analysts, doctors and, not least, plaintiffs’ lawyers, who describe insurers as too eager to shed patients to widen profits.” According to the Post, “Those sentiments have become central to the healthcare debate. … Each of the bills pending in Congress would prevent insurers from rejecting clients because of preexisting conditions.”

CNN Exposes Insurance Plot to Deny Claims, Boost Profits

ATLANTA, Georgia (CNN) – If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur – even if the accident was no fault of your own.

That’s what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.

Since the mid-1990s, most of the major insurance companies – led by the two largest, Allstate and State Farm – have adopted a tough take-it-or-leave-it strategy when dealing with such cases.

The result has been billions in profits for insurance companies and little, if anything, for the public.