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If you have been injured in an auto accident, you may be entitled to financial compensation for your injuries and the damage to your vehicle. While seeking the compensation you deserve will most likely involve dealing with the insurance companies, in this scenario, there are two separate types of insurance claims that we can help you file. Due to the challenges involved in seeking the full compensation you deserve, it is important to have an experienced Fort Myers personal injury attorney on your side.

When you are dealing with the aftermath of a serious auto accident, the claim you need to file to recover your injury-related losses is called a personal injury claim. The claim you need to get your vehicle repaired or replaced is called a property damage claim. While personal injury and property damage claims often go hand-in-hand, each presents its own unique set of challenges.

Understanding the Differences Between Personal Injury and Property Damage Claims After an Auto Accident

There is a significant difference between personal injury and property damage claims. While insurance companies are often eager to settle property damage claims, people who have been injured in an accident should not attempt to settle their personal injury claim without consulting an experienced Fort Myers personal injury attorney.

Why?

Simply put, individuals who attempt to settle their own personal injury claim without an attorney can make devastating mistakes. When dealing with unrepresented claimants, insurance companies will typically try to pay a very small “nuisance” sum, which allows them to close their file while requiring the victim to sign a full and complete release of all claims. In general, this release means that the claimant gives up all of their rights in the future if their injuries get worse or turn out to be different or more severe than they originally thought. In other words, the release you sign will forever preclude you from filing any additional claims against the insurance company arising out of the accident.

Why is this an issue? After an accident, if someone goes to the emergency room, they will get evaluated for serious and life-threatening injuries. However, it is difficult for a doctor in an emergency room setting to diagnose whether an injury is likely to have permanent effects.

This risk of settling before you know if you will experience permanent effects is one of the main reasons why going to an experienced Fort Myers personal injury attorney is so important. Your attorney will be able to help you navigate through all of this—including helping you find a qualified physician who can diagnose the full extent of your injuries. Your attorney will also help guide you on the value of the case, helping to ensure that your claim includes full compensation for your present and future medical bills, lost wages, pain and suffering, disability, impairment, mental anguish, and loss of capacity for the enjoyment of life.

In contrast, property damage claims are typically settled by auto accident victims dealing directly with either of the insurance companies involved. If your car is totaled, the insurance company owes you the reasonable value of the vehicle, and it must also pay for towing, storage, and loss of use. If your vehicle is not totaled and needs to be repaired, the insurance company must pay not only for all necessary repairs but for towing, storage, and loss of use as well. In addition, if your vehicle is repaired, the insurance company should pay you for its diminished value. This is the amount that the value of your vehicle has been reduced as a result of being in an accident. Accidents will oftentimes show up on Carfax reports and negatively impact the value of crash-damaged vehicles in the future.  If you are injured in an accident, it is best to let the Fort Myers Personal Injury Attorneys at Spivey Law Firm guide you on both the personal injury claim and the property damage claim.

Hiring an Attorney to Help You with Your Insurance Claim After an Auto Accident in Florida

With all of this in mind, when should you hire a Fort Myers personal injury attorney to help you after an auto accident? The simple answer is that you should hire an attorney as soon after your accident as possible. Not only will you want to have an experienced attorney deal with the insurance companies on your behalf, but there are also several important steps that need to be taken before you can make an informed decision about when (and if) to accept a settlement and waive your right to seek additional compensation.

Here are just some of the ways an experienced Fort Myers personal injury attorney will be able to help:

• Investigating Your Accident – Filing a personal injury claim requires proof that someone else (i.e., the other driver) was at fault in the accident. This requires evidence, and this means that you need to hire an attorney to conduct a thorough investigation as soon as possible.
• Determining the Long-Term Costs of Your Injuries – From helping you find a qualified physician to calculating proper compensation for your pain, suffering, and other non-financial losses, your attorney can help ensure that you understand the total long-term costs of your injuries.
• Helping You Make Informed Decisions – Your attorney can also help you make informed decisions throughout the insurance claims process. While accident victims will often handle their property damage claims directly, this includes helping you decide whether to accept the insurance company’s decision to repair (rather than replace) your vehicle if necessary.
• Negotiating Your Personal Injury Claim – Resolving a personal injury claim often involves negotiating a settlement. Your attorney can negotiate with the insurance companies on your behalf and then help you decide whether to accept any offers that are on the table.
• Taking the Insurance Companies to Court if Necessary – Finally, your attorney can take the insurance companies to court if necessary. While most successful auto accident claims settle, it is important to show the insurance companies that you are prepared to take your claim to court if this is what it takes to hold them accountable.

Schedule a Free Consultation with a Fort Myers Personal Injury Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.

Would you like help dealing with the insurance companies after an auto accident in Florida? If so, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A., promptly. To schedule a free consultation with Fort Myers personal injury attorney Randall L. Spivey, call us at (239) 337-7483, toll-free at 888-477-4839, or contact us online at SpiveyLaw.com today.