Personal injury cases following traffic accidents are not limited to claims for bodily injury compensation alone. During this process, vehicle damage, towing, appraisal procedures, and replacement vehicle (rent-a-car) claims also constitute significant financial damage items. This article discusses these topics in detail from both legal and insurance perspectives.
1. Personal Injury and Vehicle Towing
When an accident occurs, although health is the primary concern for an injured person, removing the vehicle from the accident scene (tow service) is critically important. Especially in cases of severe injury, the vehicle is immediately towed to an impound lot. Key considerations include:
- Tow Truck Invoice: The towing cost is covered by the insurance company of the at-fault party. However, the invoice must be issued in the vehicle owner’s name.
- Towing and Storage Fees: Daily storage fees continue to accrue while the vehicle remains at the lot. Therefore, it is crucial to contact the insurance appraiser as soon as possible and arrange for the vehicle to be transferred to the repair shop.
2. Appraisal Process
After towing, the insurance company assigns an appraiser (expert) to the case. The appraisal process includes:
- Damage Assessment: The appraiser determines the repair costs, whether the vehicle is a total loss (totaled), and its market value.
- Review of Reports and Photos: Accident reports, police reports, and photos are examined to analyze fault percentages and the nature of the damage.
- Delays in the Report: The repair process cannot begin without the appraisal report. Therefore, it is essential to file a claim with the insurance company quickly to expedite the assignment of an appraiser.
3. Replacement Vehicle (Rent-a-Car) Issues
After the vehicle is sent to the repair shop, one of the injured party’s most urgent needs is a replacement vehicle (rental car). Important points to note include:
- Coverage: If the comprehensive insurance policy includes replacement vehicle coverage, a rental vehicle is provided during repairs. If the other party is at fault, rental costs can be claimed under their auto liability insurance.
- Duration: The replacement vehicle period is limited to the repair period. If the vehicle is declared totaled, a replacement vehicle may be claimed for a reasonable period until compensation is paid.
- Invoices and Rental Documents: To have the rental costs reimbursed, an invoice must be obtained from the rental company. The invoice must be issued in the name of the injured party, and the rental duration must be reasonable.
4. Relationship with Personal Injury Compensation
Although towing and replacement vehicle costs may seem independent of personal injury claims, they are actually part of the total damage. For example, if the injured person cannot commute to work due to lack of a vehicle, this situation adds to their lost earnings claim. Additionally, towing and storage fees are included within the material damage claim.
Conclusion
In personal injury files, vehicle towing, appraisal procedures, and replacement vehicle claims are critical to identifying all financial damages accurately. Managing these processes with professional legal assistance prevents underpayment by insurance companies and ensures that all the rights of the injured party are fully protected.
