«

»

Feb 09

Print this Post

Getting Your Car Fixed After an Idaho Collision

Share |

People who have been in a collision and have a damaged car  have an issue that they want to deal with right now.   The loss of a car can impact every part of our every day lives. Sometimes the car is damaged but drivable and sometimes damaged beyond repair becoming a total loss.

The questions are always who pays to fix it?  and How Much?

If you have purchased collision coverage, we recommend that you go through your own insurance company.  You are usually better off and have less hassles if you use your own collision coverage and rental coverage if you chose to buy it.  We wrote about he types of car insurance in this earlier blog post.

Most clients don’t consider using their own insurance coverage which is understandable because the he accident wasn’t their fault.  But there are more headaches and  pitfalls when going through the at fault person’s insurance company.

Number one, you are at their mercy.  They can delay the claim and treat you like a second class citizen and you have no leverage to do anything about it.  In contrast, if you are going through your own insurance company, you are their insured and they owe you significant duties when handling your claim.  This almost always results in better service and better treatment.   This is what the companies try to brag about with their quality service advertising. Number two, and particularly with a totaled vehicle, you will likely obtain a fairer-better to recovery from your own insurance company. The law requires your own insurance has an obligation to treat you fairly and reasonably, the at fault parties insurance company has no such obligation.

And you should know that under Idaho law you have the right to recover ”

A.  The reasonable cost of necessary repairs,

    plus

B. the difference between its fair market value before it was damaged and its fair market value after repairs.

The second part of the claim called “diminution in value” is often the hardest thing to prove.  And you will be obligated to prove your claim the insurance company will not generally be nice and fair about getting you full compensation.  You need to be ready to show anything special about your vehicle that increased its value and proof of what the actual market value for your car might be..

If you have questions, call us for a free consultation. We help people all over Idaho.

Boise, Idaho · Meridian, Idaho· Kuna, Idaho· Nampa, Idaho· Caldwell, Idaho· Middleton, Idaho· Eagle, Idaho· Payette, Idaho· Weiser, Idaho · Mountain Home, Idaho · Twin Falls, Idaho · Emmett, Idaho · Bruneau, Idaho · Star, Idaho · Greenleaf, Idaho · Wilder, Idaho · Melba, Idaho · McCall, Idaho · Cascade, Idaho · Idaho City, Idaho

Permanent link to this article: http://holzeredwardsinjurylawyers.com/2012/02/getting-your-car-fixed-after-an-idaho-collision/

2 comments

  1. Darin

    If I am involved in a parking lot accident and the other persons insurance company determined it to be 50/50 in the State of Idaho, can I sue the other person in small claims court to try and recover some of my $1700 of damage to my vehicle? I was thinking of going through my insurance company but I have a $1,000 deductible. By the way, I was backing out of a parking stall and was at a stop when the other person backed into the rear passenger back side of my vehicle. I have a clear dent in my backside with no scrape marks (indictating I was at a standstill). TIA
    Darin

    1. Kurt Holzer

      Absolutely you can bring your claim. Here is a link to some information that can be helpful to someone in your situation. http://www.the3rdjudicialdistrict.com/Small_Claim_Pl_Filing.htm

      The Court assistance office might be of help to you as well http://www.courtselfhelp.idaho.gov/

      The other insurance companies determination means NOTHING. Don’t even tell the judge about it unless he asks.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>