Auto Insurance Claims: Auto Insurance Co. accepted 100% liability, what kind of damages can I get


Question
I was hit from behind at a red light by a driver who just wasn't paying attention. My SUV needs entire exhaust system, driver side window and seat belt replaced (at-fault driver's car basically hit the car at high speed and went up under my SUV). I also have some back injuries. I've had a rental car for over 3 weeks and my SUV has been sitting in the tow company lot awaiting the claim to be resolved). I was just advised that the at-fault driver's insurance company has accepted 100% liability. Am I entitled to a settlement that covers my SUV repair, tow/storage fees, car rental reimbursement (been paying out of pocket) and pain and suffering (in a compact car, had to postpone some planned events, missed some work, still experiencing back pain after physical therapy and much financial and mental stress)?

Answer
Age,

  Indeed you are entitled to recover any damages you can prove that you suffered as a result of the accident and the negligence of the other driver.  Here is a small list of commonly claimed damages. . .

1.  The actual cash value of your vehicle, or the actual repair costs.
2.  Reasonable cost of a temporary replacement vehicle or loss of use (loss of use is a cash out settlement option).
3.  Medically necessary and reasonable medical costs incurred due to the accident.
4.  Non-economic damages (pain and suffering includes a lot of sub-categories like. . .loss of the enjoyment of life, inability to perform daily functions, working under duress / pain, and so forth)
5.  Future medical.
6.  Lost wages.
7.  Loss of earning capacity.
8.  Diminished vehicle value (if the vehicle is repairable, then after the repair it is likely to have a lesser market value because of the damage history which will most likely be reflected on the title).
9.  The towing and storage should be paid, especially if your vehicle is not drivable.  If your vehicle is deemed a total loss, then you should immediately move the vehicle to a storage free facility or get in writing that there is no storage accruing either from the insurance company or the facility where the vehicle is located.


   These are just a few, but you are entitled to be put back in a position as close as possible to the position you were in prior to the accident, financially, physically, and emotionally.  I am almost always personally available to speak with individuals for free about their insurance claims.  It is a free service I offer at my company.  It is just the right thing to do.  Information is always free at Petty Details, LLC!

   I hope this helps!