Good Fences And Not So Good Neighbors: Property Law 101

What Can You Do When Your Car Is Totaled & the Insurance Company Won't Pay?

2 November 2016 by Hunter Moore

Insurance companies are reasonable about paying out on car accident claims. However, there is always a sour apple in every bunch. If you find yourself in the midst of a really bad car accident, one which you barely escape with your life and your car is totaled, your insurance company definitely should pay out. If they do not, here is what you need to do.

Take Tons of Pictures

Before you send the remnants of your vehicle to the salvage yard, get as many pictures as possible. If you are in the hospital for some time, you can take pictures when you go home, or you can have a friend or family member take the pictures. Make sure every possible angle, every missing piece, or damaged part of your vehicle is identified in the pictures. Also, get pictures of where you were sitting in the vehicle (usually the driver's seat), and ANY areas inside the vehicle where there is a significant amount of blood present. While this may seem very gory and gruesome now, these interior pictures will work to your advantage in the courtroom.

Police and Medical Reports

The police, fire, rescue, and medical reports add the gory details of your accident to the pictures. No one can contest what is written in these reports, and your auto accident attorney will need every last description. If the fire department had to use the "jaws of life" to get you out of the car, or if the EMTs had to revive you three times en route to the hospital, your lawyer will want to know. You need to hit the insurance company with everything you can get and everything you got. It is the only way you can make a "bad apple" insurance company cough up what it should have given you in the first place.

File a Lawsuit

Okay, so you do not have to do this—your lawyer does. However, he or she has to file it in a timely manner and file all the correct paperwork and documentation. As soon as your claim is denied, you need to hire a lawyer and hand him/her all of the above so that he/she can get started on your case. With any luck, the insurance company will settle out of court (as is often the case) and then you do not have to go through the trauma of your accident all over again. 

For more information or assistance, be sure to contact resources like Loughlin Fitzgerald P C. 

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