Car Accidents Can Cause Serious Bodily Injury and Financial Loss
Car accidents are not only traumatic but can also result in long-term injuries and financial setbacks. This blog outlines the different types of injuries you may suffer and the legal claims you can pursue after a car accident. Whether you've experienced a rear-end collision, head-on crash, or a rideshare accident, understanding your legal rights is crucial for recovering compensation.
Types of Car Accidents and Their Associated Bodily Injuries
Car accidents vary, and so do the injuries they can cause. Below are common types of accidents and the specific bodily injuries they are likely to result in:
Injuries: Traumatic brain injuries, spinal cord damage, fractures, and internal bleeding.
Causes: Impaired driving, drowsy driving, or crossing the centerline.
Injuries: Whiplash, back injuries, concussions, shoulder dislocations.
Causes: Tailgating, distracted driving, sudden stops.
3. Sideswipe Accidents
Injuries: Fractures, deep lacerations, and spinal injuries.
Causes: Improper lane changes, failure to check blind spots, distracted driving.
4. Rideshare Accidents (Uber, Lyft, Door-Dash etc.)
Injuries: Ranges from minor bruises to severe trauma.
Causes: Driver inexperience, traffic violations, or sudden stops.
Injuries: Severe injuries such as paralysis, traumatic brain injuries, and multiple fractures.
Causes: Driver fatigue, poor maintenance, or vehicle overloading.
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Financial Losses You May Experience After a Car Accident
In addition to bodily injury, car accidents can result in a variety of financial losses. Here’s a breakdown of what you can expect:
1. Diminished Value of Your Vehicle
Even after repairs, your vehicle may suffer from diminished value due to its accident history. Diminished value is the difference between your car's pre-accident value and its worth after repairs, even if fully restored.
How-To File a Diminished Value Claim:
Gather documents: repair invoices, pre-accident photos, and market valuations.
Submit this information to the insurance company.
Hire a diminished value attorney from The Sheldrick Law Firm to ensure you receive fair compensation.
FAQ: How is diminished value calculated?
It’s calculated through expert appraisals based on your car’s make, model, and market demand post-accident.
Learn more about your rights in diminished value claims here.
2. Loss of Use of Your Vehicle
When your vehicle is being repaired, you may be entitled to compensation for not having access to it. Loss of use claims cover the cost of renting a comparable vehicle or the daily inconvenience of being without your car.
How-To File a Loss of Use Claim:
Maintain a record of the length of time your car was out of service.
Submit these details to the at-fault driver’s insurance.
If the insurance company denies your claim, contact The Sheldrick Law Firm for assistance.
FAQ: Can I claim loss of use even if I didn’t rent a vehicle?
Yes, you can still claim loss of use based on the rental value of a similar vehicle, even if you didn’t rent one.
Discover more about loss of use claims by visiting this page.
3. Total Loss of Vehicle
When your vehicle is declared a total loss, insurance companies may undervalue its payout. It's crucial to dispute this valuation to receive the correct market value of your car.
How-To Dispute a Total Loss Valuation:
Obtain pre-accident maintenance records, vehicle sales data, and third-party appraisals.
Work with a qualified attorney to negotiate the payout.
FAQ: What if I disagree with the total loss valuation?
You can dispute the insurance company’s offer by presenting evidence of your vehicle’s actual market value.
Here at The Sheldrick Law Firm we don't handle "total loss" dispute matters, though we encourage you search other attorneys who do handle "Total Loss" disputes.
Protecting Yourself and Your Finances After an Accident
Dealing with the aftermath of a car accident is overwhelming, but it's crucial to understand your legal rights. You may be entitled to compensation not only for bodily injuries but also for financial losses related to your vehicle. At The Sheldrick Law Firm, we specialize in serious bodily injury, diminished value, and loss of use claims to ensure you are made whole and receive the full compensation you’re owed.
Frequently Asked Questions
How long do I have to file a diminished value or loss of use claim in Florida?
As of March 24, 2023, the statute of limitations for filing a diminished value or loss of use claim in Florida has been shortened to two years from the date of the accident. This change means that accident victims have a reduced timeframe to pursue compensation compared to the previous four-year window. It’s crucial to act promptly to protect your rights and file your claim within this period. If your accident occurred prior to March 24, 2023, the previous four-year statute still applies. Consulting with an attorney can help ensure your claim is filed on time based on when your accident took place.
What should I do if the insurance company undervalues my total loss claim?
If an insurance company undervalues your total loss claim, you have the right to dispute the valuation. It’s important to gather evidence to prove your vehicle’s true market value, such as recent sales of similar vehicles, maintenance records, and an independent third-party appraisal. Hiring an attorney who specializes in property damage claims can significantly strengthen your case. They will negotiate with the insurance company on your behalf, ensuring that you receive a fair payout that accurately reflects your vehicle’s value before the accident. Legal representation can help you challenge lowball offers and hold the insurance company accountable under Florida law.
Can I still claim diminished value if the repairs were done perfectly?
Yes, even if your vehicle has been repaired to perfection, you are still entitled to file a diminished value claim. The vehicle's accident history can impact its resale value, as potential buyers may view it as less valuable due to the fact it has been involved in an accident. A diminished value attorney can help ensure you're compensated for this reduction in value.
Does Florida law allow me to claim both diminished value and loss of use simultaneously?
Yes, in Florida, you can file both diminished value and loss of use claims if you meet the eligibility criteria. Diminished value compensates you for the reduction in your vehicle’s market value, while loss of use compensates you for the time you are without your vehicle during repairs. Both claims can be pursued simultaneously if the other driver was at fault.
What should I do if my loss of use claim is denied?
If your loss of use claim is denied, gather all records showing the length of time your vehicle was unavailable and consult an experienced loss of use attorney. They will help you understand your legal rights and challenge the denial by submitting additional documentation or pursuing legal action against the at-fault driver’s insurance company.
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Car accidents can cause more than just bodily injuries—they can also result in financial devastation. Whether you're filing a diminished value claim, a loss of use claim, or disputing a total loss payout, understanding your rights is crucial.
Contact The Sheldrick Law Firm today for professional legal guidance on how to maximize your recovery after a car accident.
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