My car was totaled and it wasn’t my fault. Now what?
When You Need a Car Accident lawyer New York, NY Motorists Recommend
To speak with a lawyer right now about your car accident, call Okun, Oddo & Babat, P.C.
A car accident lawyer in New York, NY knows you may be a very attentive driver. You use your blinker, adhere to the speed limits, and never drive while texting. Despite your caution, you might still have an accident with another driver who is not as mindful. As a result, your injuries could be substantial enough to need a car accident lawyer in New York, NY to recover your damages from the other driver. Though your medical bills from the accident will be your first priority, you may also need to recover damages for your vehicle.
Call us at Okun, Oddo & Babat, P.C. to speak with a car accident lawyer in New York, New York who can handle your personal injury claim. Depending on the circumstances of your accident, we may also be able to help you recover damages for your vehicle. To help you understand how the process works when determining the value of a totalled vehicle, the following information may be of interest to you.
Determining the Value of Your Vehicle Loss
After an accident you will need to file a claim with your insurance company or the driver’s insurance company depending on the state in which you live. This claim should be very detailed, accurate, and truthful.
Keep in mind that the Kelley Blue Book is not always going to be an accurate estimate of what your vehicle is worth. If you’ve made any modifications to your car such as a custom stereo system, paint job, detailing, new tires, and so forth, the value could be more than indicated by the Kelley Blue Book.
The insurance adjuster may take this information and determine a fair value of the car prior to the accident. This number will then be compared to the cost of what it would be to repair the vehicle. When the repair amounts to a certain percentage of the value of the vehicle it is considered to be a loss. The actual percentage varies by state. In general, when the damages are around 70 percent of the total value, the vehicle is considered a total loss.
After the Loss Value Has Been Determined
After the adjuster determines the car is totaled, they may be obligated to compensate you. The insurance company may not do one or more of the following:
- Replace your car.
- Pay you enough to buy a replacement vehicle.
You may also not be able to keep the totaled car to drive or sell for parts. The insurance company will likely possess the car upon your acceptance of the settlement.
Issues that Could Arise
There are common problems that arise when a person’s car is completely totaled and they’re not at fault. These include:
- Underestimating the value of the car – If the insurance company is unwilling to value your vehicle properly, you may have to take the insurance company to court.
- You purchased the car on a loan and the adjustors’ value is below what you owe – In this case you would be required to pay off a loan for a car that is totaled. The only option here may be to argue with the insurance company about their estimated value and try to negotiate a value that equates the loan amount.
When You Need a Car Accident Lawyer in New York, NY
When you are looking for a car accident lawyer New York, NY has a broad range of options to choose from. Okun, Oddo & Babat, P.C. offers a free consultation to victims who have been injured in a collision. With years of experience and a unique results-proven approach to getting justice, we confidently navigate the legal system to get the justice our clients deserve.
The Advantages of a New York Car Accident Lawyer
Anyone can file a legal claim against an insurance company; however, without any legal knowledge, you risk losing your case or getting significantly less than what you may deserve. If you’re unsure about filing a claim or don’t understand the benefits of a car accident lawyer in New York, NY, please consider the following:
There are time limits: A car accident claim, or any other claim for that matter, will have to adhere to a strict deadline to pursue compensation. This deadline is known as the statute of limitations. If you miss this date, you may give up the right to seek damages. Ultimately, the sooner you contact a car accident lawyer New York, NY offers, the better.
A lawyer is familiar with the legal system: Car accident claims may require you to file a police report or make other formal notices. Should this process be ignored, disruption and delays might ensue. A car accident lawyer New York, NY trusts understand the legalities, local jurisdiction laws, rules, loopholes, and other formalities associated with collisions. Using this skill set, a lawyer may build a solid, evidence-backed claim to get you maximum damages.
A lawyer may take care of all relevant communications: Shortly after a collision, the insurance carriers of any party involved in the crash may try to contact you for a statement and/or settlement offer. You may also have to communicate with medical professionals, bill collectors, claims adjusters, and repair services while trying to recover. A lawyer might help to manage all communications with these individuals and protect you from being caught off guard and saying something you do not mean.
Evidence might be established: Okun, Oddo & Babat, P.C. is prepared to conduct extensive research and gathering of evidence to prove a claim. Expert witnesses, private investigators, or medical doctors may be called upon to provide a second opinion on the cause of the collision and extent of the victim’s injuries.
You can get the support you’re looking for: A car accident lawyer New York, NY provides may offer more than basic legal counsel. A skilled lawyer may offer thoughtful support to help you and your family get through this turbulent time.
Brain Injuries That Result From Car Accidents
There are approximately 50 million victims of car crashes every year. One of the most devastating vehicle accident injuries is a brain injury. Depending on the extent of their injury, victim often face long recovery periods, with high medical bills and lost wages and benefits from being unable to work. When this is the case, you need the help of insurance to cover your bills.
Even Minor Brain Injuries Can Be Dangerous
A car accident lawyer in New York, NY knows that many brain injury victims do not even realize they have sustained an injury because the crash was a minor one. They do not realize when a person bumps their head upon the impact of the collision, they are not just hurting their skull, but they are also causing damage to their brain. Even a crash that occurs at slow-speed can cause brain injuries. Concussions are one of the most common types of vehicle accident brain injuries.
Unfortunately, it is not always possible to determine if there has been injury to the brain after a crash just by a doctor’s examination. It is the symptoms of the injury which is the first indicator that there is something wrong. Special diagnostic testing, such as CAT scans and MRIs, will be able to determine the extent of the injury.
There are three classifications of brain injuries: mild, moderate, and severe. Serious brain injuries can leave victims suffering with life-long effects of the injury, including chronic headaches, motor function issues, sensitivity to light, severe dizziness, and changes in personality and emotional reactions.
In addition to the physical long-term effects that a brain injury can cause, multiple studies have shown that even a minor car crash can result in long-term mental issues for a brain injury victim. In fact, it is estimated that up to one-third of all car crash victims, including brain injured victims, suffer from anxiety or post-traumatic stress disorder (PTSD) after the accident.
This is true even for victims who only sustained minor physical injuries. Many end up struggling with vehicle-related phobias or long-term depression that has a major impact on their quality of life. This is in addition to the physical issues they may still be struggling with from their injuries.
When the car accident was caused by the negligence or recklessness of another driver, injured victims should consult with a New York car accident lawyer from Okun, Oddo & Babat, P.C. to find out what type of legal recourse they may have against the at-fault driver. Call today to meet with a member of our legal team and find out how we can help you get the financial justice you deserve.
Okun, Oddo & Babat, P.C.: When You Need a Car Accident Lawyer New York, NY Respects
The pain and suffering associated with a collision could be devastating. You may experience physical discomfort, emotional anguish, financial loss, and other grievances that affect your life. Okun, Oddo & Babat, P.C. is on your side and one of our attorneys may walk you through your legal options during a free and confidential consultation. To schedule a meeting with a car accident lawyer New York, NY has to offer, please call today.
“One of the most reliable and trustworthy groups of attorneys in New York”