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"Upside Down" on Car Loan After an Accident??
Let's examine some important issues that greatly impact car accident victims and, in turn, their personal injury attorney.
The insurance company that will be settling the property damage claim to the damaged car has the right to choose whether to fix the car or to pay it off. After a car accident the insurance company will inspect the damaged vehicle to estimate the property damage done to the car. Once they have an estimate they will make a final decision on whether or not it pays to have the car fixed, or simply pay out the value of the car.
Unfortunately in some instances, i.e. typically when the car has been financed and has a balance owed, the value of the car is lower than the amount that is still owed on the car. This puts the damaged car owner in the unenviable, and unfair, position of having to come up with money out of pocket to pay off the car and/or having to come up with additional funds to put down on another vehicle. It's unfair, but it's perfectly legal. The insurance company for the defendant driver is only responsible to pay either the cost of repairs to the vehicle, or the value of the car, period.
Occasionally, usually in the event of a new car loan, the car owner will have purchased "GAP" (Guaranteed Auto Protection) insurance. Gap insurance coverage will pay off the difference between the assigned value of the car and the amount still owed on it in the event the car is totaled in an accident. Well worth having I'm sure you would agree.
Most personal injury cases arise out of car accidents. Consequently, an experienced personal injury lawyer is an expert at handling and resolving your property damage claims and the myriad of issues that go along with them. Your personal injury attorney can insure that you, the car accident victim will get top dollar for your car. An experienced personal injury lawyer can also insure that the damaged car owner is justly compensated for their accident related fees. This can include rental car fees or, in the event no rental car is used, a sum of money to compensate them for loss of use of their vehicle. Also included are accident related expenses, such as the cost of towing the car from an accident scene and the storage fees accrued while the car damage claim is settled.
At our law firm we represent all issues related to the property damage to your car arising from an accident without charging additional attorneys fees. Our attorney fees are based on the personal injury portion of the case only. Our representation on your behalf in the property damage claim is a free service we provide to all of our personal injury clients.
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