Lawyers Blog
How Can A Lawyer Help With A Property Damage Insurance Claim?
Many people think a property damage insurance claim is a simple matter. Take your car to a body shop or automobile dealership, get an estimate, submit it to the insurance company, and receive a check in the amount of the estimate. In some cases that might be true. However, in many situations it is far more complicated. There are many problems that arise. Those problems can be helped by a lawyer. An attorney can provide valuable assistance is resolving your claim.
Pre-existing conditions is one area that insurance companies raise as a defense to paying a claim in full. A lawyer can be of great value in refuting this matter. An example will illustrate the problem. Your car is struck on the passenger side front door. The other driver is at fault and their insurance company accepts liability. The repair estimate notes that there were dents in the door prior to the accident. The insurance adjuster examines your car in person and determines that 25% of the repairs are related to the pre-existing damage. The repair shop states that it is virtually impossible to repair the damage caused by the other driver without also fixing the pre-existing damages.
This is where a lawyer will help. He or she will point out to the insurance adjuster that the pre-existing dents are irrelevant to the damage estimate. The cost to fix the damage inflicted by their insured would be the same even if the door was brand new. Repairing the old dents is just a necessary part of fixing the damage caused by the other driver. A good lawyer will drive this point home and convince the insurance company to pay the total estimate.
Another situation that can arise involves an older vehicle you own that receives serious damage. An insurance company will want to total the vehicle and pay what they consider to be the fair market value of the automobile. This happens when they believe the cost to repair the damage is more than the value of the car. Sometimes this may work out for you. Many times, though, you will not be able to take the money offered and purchase another vehicle. You will have to come up with extra money which does not seem right since you were not at fault. Again a lawyer can be of great help.
Anytime you have a lawyer on your side there is always the unspoken alternative you have of filing a lawsuit against the person who was at fault. For relatively small damages there may be the possibility of an action in small claims court. A lawyer can prepare a lawsuit on short notice since the issues are not that complicated. Insurance companies know this and they do not want to hire an attorney and incur legal fees. Paying you the extra money to settle will most likely be less expensive than attorney fees. An attorney will take advantage of this angle and get you what you deserve for your damages.
Next time you have a property damage claim, talk to a lawyer before settling and get a legal opinion. You may be surprised by what the attorney can do for you.