If you are in a car accident, regardless of who is at fault, you may use the “medical payments” coverage on your car insurance policy to pay medical expenses for treatment related to the accident. However, your car insurance company will only pay up to the amount of your “medical expenses coverage. You can find out the amount of your “medical payments” coverage by looking at your policy or contacting your insurance agent. Typically the coverage offered is $1,000, $2000, $5,000, $10,000 or $25,000. The amount of coverage you should have depends ofcourse on how much you can afford along with the protection you want. The cost of this coverage is relatively small compared to the overall cost of the policy. Your insurance agent would be able to quote you the premioum differences.

If you have car insurance but are also covered by a private or government sponsored health plan, both plans are generally available to pay your medical bills that arise out of an automobile accident. Some group plans state that the auto “medical payments” plan is primary meaning that insurance must be used first. However, if possible, it is generally better to procees your medical bills through your group health insurance first. This is because the group health plans will almost always have co-pays and deductables. Once the bills are processed by your group health plan, the health care provider will send you a bill for the balance, that is, a bill for your co-pay or deductable. This relatively small bill can then be sent to your car insurance and they will pay it out of your”medical payments” coverage. This method of payment will allow you to extend the life of your “medical payments” coverage and relieve you of having to pay medical co-pays and dedutables out of your own pocket.

This all may sound a little complicated. If you retain our law firms services for your accident claim we will manage the payment of your bills through our office as a service to you.

If  you’ve been in an automobile accident, you likely have a claim for the damage to your car.

We frequently get this question:

“How do I figure out the value of my property damage claim?”

In Wisconsin, the answer to that question is simple, your claim is valued at the cost of repairs or the pre-accident value of your vehicle.  Nothing more, nothing less.  It doesn’t matter when you purchased the car.  It doesn’t even matter what you owe on the car.  You need to figure out how much it will cost to fix it and what the value was before the accident.  Once you get those two numbers, the value of the claim is the lower of those two amounts.

In order to determine the cost of repairs, you need to have your car inspected by someone who knows what they are doing.  the insurance company will send an adjuster to look at the car.  They may bring the car to a repair shop for an estimate.  You can do the same.  Bring the car to someone you trust.  Make sure they look it over thoroughly.  If the insurance company’s estimate seems low, ensure they have a shop who is willing to do the work for that amount.  If not, you’re free to reject that valuation.

In order to determine the pre-accident fair market value of your car, you need to do a little research.  there are two common online sources for car values.  www.kbb.com and www.nadaguides.com.  Follow the instructions and enter accurate information.  These pages should give you a good idea of your car’s value.  the insurance company may use a private valuation company.  If they do, and the value is significantly lower than the amount you find on the do-it-yourself, you should shop for “comparables”.  Go online, look in the newspaper, visit local dealerships, to find a car like yours.  Make sure it is the same year, and close in miles.  Check the options and make sure they are similar to your car.  Call the dealer up and ask what they would sell it for.  Have the insurance company to verify the cost with the dealership.

If it is determined that the value of your vehicle is less than the cost of repairs, your vehicle will “totaled”, meaning it is a total loss.  If your vehicle is considered a total loss, they will take the vehicle and pay you the fair market value plus title and registration fees, plus sales tax for your old vehicle.  Alternatively, you may keep the vehicle.  If you choose to do this, the insurance company will pay you less money for your vehicle.  They will not pay tax, title or registration.  They will also take a few hundred dollars off of the value to cover what they will lose in not being able to sell it for scrap.

Once you understand how your property damage claim is calculated, you are more capable to discuss your claim with the insurance company.

Please feel free to submit your case for a FREE EVALUATION by our attorneys.