When you have been involved in a car accident caused by the negligence of another driver, you are entitled to recover for your losses. The losses an individual suffers varies from accident to accident and no two people have the same case.
Property Damage
The first loss that is generally dealt with following a car accident is that related to property damage. If you were involved in a car accident your car was either damaged or will be determined to be a total loss. You will have an opportunity to be compensated for the fair market value of your vehicle or to have your car repaired depending on whether or not it is determined to be a total loss. You may choose to go through your own insurance company or you may choose to deal directly with the insurance company of the driver who caused the car accident. Be mindful of the fact that if you go through your own insurance company you will have to pay a deductible which may be $500, $1000 etc. Don’t let this scare you away from using your own insurance, it is important to know that you are entitled to recover that deductible if you choose to have your car repaired through your own insurance company. Clients commonly express their concern that their insurance rates will go up if they use their own insurance – this will not happen if you were not at fault for the accident. If you go through your own insurance company, they will make a subrogation claim against the at fault driver’s insurance company to seek reimbursement for the money they paid for the repairs of your car or to compensate you for the loss of your vehicle, at this time you are entitled to ask for reimbursement of your deductible. Included within this property damage reimbursement will often be tow truck bills and storage bills which you are entitled to be reimbursed for.
Rental Car or Loss of Use
Following a car accident, whether your car is damaged or determined to be a total loss, you will be temporarily without a car. You will either have to rent a car or you will be using another personal or family vehicle. No matter the case, you are entitled to be reimbursed for the cost of a rental vehicle for the reasonable amount of time to repair or replace your vehicle. Even if you choose to use another family vehicle, you are still entitled to be compensated for the rental value of a vehicle for the time your damaged vehicle is not in your possession; this is compensation for the “loss of use” of that vehicle. For example, if your car is in the repair shop for 10 days following the accident and you do not rent a replacement car but rather choose to use your families second or third car for those 10 days, you are entitled to the value of a rental car (for example approximately $30/day I suggest looking up in your zip code on websites such as Hertz; Enterprise; Alamo). If the rental would have been $30/day for 10 days you may be entitled to $300 for the 10 days you were without your car.
Past and Future Medical Expenses
When you are involved in an automobile accident not only does the vehicle sustain damage but oftentimes the occupants of the vehicle are injured. The injuries require medical treatment. As we all know, medical treatment can be expensive. You are entitled to be compensated for your medical bills. In some cases, you may suffer permanent injuries that require treatment and care for the remainder of your life; you are entitled to be compensated for the treatment and care that lies ahead of you.
Past and Future Loss of Earnings or Loss of Earning Capacity
If you are injured in a car accident you may have been left in a physical state that prevents you from returning to work. If you are not able to work you are losing wages. You are entitled to recover the wages you have already lost due to time missed from work because of your injuries. Additionally, you are entitled to recover for time that you will miss in the future. If your injuries will require you to have a surgery in the future that will cause you to miss time from work, you shall be compensated for the future lost wages. Finally, if your injuries have impaired you such that you are not capable of earning as much and you will not earn as much in the future then you are entitled to those lost wages.
Pain and Suffering
The most valuable part of most individuals’ cases is the past and future pain and suffering caused by their injuries. This is also perhaps the most undervalued and underappreciated aspect of a given case by the insurance companies and their claims evaluators or adjusters. The insurance companies do not want to pay you for this loss. However, the law clearly provides that an injured person is entitled to past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress among other things. These are the things injured people have to live with day in and day out. Eventually the medical bills get paid, but these things cannot be paid off – this does not mean you aren’t entitled to compensation for these losses.
Punitive Damages
The purposes of punitive damages are to punish a wrongdoer for the conduct that harmed another person and to discourage similar conduct in the future. Punitive damages will only be awarded if the injured person proves by clear and convincing evidence that the wrongdoer engaged in that conduct with malice, oppression, or fraud. In car accident cases, the act of operating a motor vehicle while intoxicated may constitute an act of “malice” if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences. Taylor v. Superior Court (1979) 24 Cal.3d 890. Therefore, in certain cases involving a drunk driver who causes the accident, punitive damages may be awarded.
If you have been involved in a car accident and have questions please contact our Carlsbad car accident lawyer to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.