PROPERTY DAMAGE TO YOUR CAR OR MOTORCYCLE IN AN ACCIDENT?

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

Annoying, indeed, is trying to get your car or motorcycle fixed post-accident or replacing a hopelessly damaged car or motorcycle that has been labeled a total loss.

Generally speaking, you may recover the cost of repairs after a crash if the other vehicle was negligent. "Total loss" occurs when the cost of repairs is greater than your automobile or motorcycle's fair market value.

In a total loss situation where you are permitted to keep the wreck, than the value of the car or motorcycle right before accident may be given to you, minus the salvage value - what a junk dealer will pay for your vehicle after the crash.

If your car or motorcycle is a total loss, you may be disappointed at the amount that the other insurance company is claiming that your vehicle was worth. Your best way to fight back is to find out the value of your used vehicle. You can check the websites for the National Automobile Dealers Association or Kelly's Blue Book for starters. If you recently purchased custom accessories for your vehicle, such as a top of the line audio or video system, show the adverse insurance company the receipt for your purchase; you may get a higher settlement offer.

If you think the insurance carrier's property damage settlement offer is unfair, you may want to make a complaint to the New York State Insurance Department.

If you have collision coverage, than just report the claim to your own insurance company. You may have to pay the deductible out of pocket, but your company should try to recover your deductible for you from the other insurance company, assuming the other driver is at fault. Under the New York State Administrative Code (Title 11, Section 216.7), your own insurance carrier has six days to inspect your vehicle after it is notified of the loss, or else you can go ahead and have it repaired. Also the New York State regulation mentioned above also obligates your insurance company to negotiate your collision damage claim with you "in good faith."

Most important is that you report all accidents to your insurance company promptly. I've gotten too many telephone calls from people that delayed reporting an accident to their own insurance carrier while they tried to work it out with the other side. Then they may face a problem with what is known as "late notice." Their insurance company may even disclaim and refuse to pay for the loss. This can be especially devastating if someone in the other vehicle who, perhaps, seemed fine when the accident occurred, now claims to be hurt or suffer from a serious injury. Don't make that mistake. I repeat, report all accidents to your insurance company promptly.