Car Accident Damages & Recovery

Many states have no-fault statutes which allow you to have your medical bills and property damage paid right away, without waiting for attorneys to make claims and work their way through mediation or a trial.  No-Fault benefits vary from state to state and you should check with an attorney to find out what your state covers.  No-fault benefits are available to anyone injured in a car accident, even if the accident was entirely your fault. 

Common Recoverable Damages

Every state also has different standards and limits on types of compensation and what you need to prove in order to receive it.  The list below is only a sampling of what is available in many states.  Please consult an attorney in your area regarding your specific state’s laws.

Property Damage

You may be entitled to payment for repairs made to your car or to a replacement value for your car if the cost to repair the car is actually more than the car’s value.  Your insurance company may disagree with the value you place on your vehicle and an attorney may be able to help you negotiate a better value.

Medical treatment

Your medical bills as they related to a car accident should be paid directly by the car insurance company, either yours or the defendant’s.  If you have to make payments to a medical provider on your own, your attorney will attempt to recover that money for you in negotiations or at trial.

Chiropractic Care

Some chiropractic care will be covered by car insurance companies, but if the only medical treatment is chiropractic care, there may be a question as to whether there is objective evidence of an injury (i.e. a herniated disc on an MRI or a fracture on an x-ray).

Physical Therapy

Physical therapy is similar to chiropractic care in that most insurance companies will pay for initial treatments, but if the treatments continue beyond what is considered reasonable or necessary, it may become a battle to get compensation for the treatments.

Wage Loss

If you have a disability note from a doctor stating that you are unable to work, you will be entitled to reimbursement of the wages you would have made if you could have gone to work.  If you are unemployed at the time of the accident, you would to prove that you would be working if you were not injured.  It is a difficult claim to make, but if it is true, it is possible to be compensated under those circumstances.  If you do not have a disability note from a doctor, you will not be compensated for lost wages.

• If you need legal assistance with an Auto Injury Claim, please consult with a Car Accident Lawyer near you to discuss the details of your case. The content of this article is provided for informational purposes only.