Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O
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Auto Collisions Archives

If my car is totaled in a collision, will I get treated fairly on the property damage claim?

Unfortunately, often the answer is no. When another driver wrecks your car beyond repair, his or her insurance company should pay you the actual cash value of your car before it was totaled. The industry standard definition of actual cash value is "replacement cost" minus "depreciation." Replacement cost is the amount of money it would take to replace your vehicle with a similar one. Depreciation is the amount of money your car has devalued over time. The insurer also should pay for the sales tax on the new vehicle that you purchase with the insurance money.

Am I going to end up with less money in my pocket by hiring a lawyer to represent me for injuries from an auto collision?

Research shows that the general answer to this question is most likely yes. We make a promise to treat you like we would our own family member and will candidly tell you if you do not need a lawyer - free of charge. We only take on cases where we believe our services will allow you to pocket more money than you would have received without a lawyer -- because that's the right thing to do. A significant percentage of calls result in us telling the individual that an attorney is likely not needed.

Is Health Insurance Entitled to a Portion of My Settlement From Insurance After an Auto Collision?

This is often referred to as subrogation. If your health insurance is Medicaid, Medicare or an ERISA plan, it will almost certainly be entitled to a portion of your settlement. For other health insurance, it depends. Regardless, there are almost always steps that can be taken to reduce and sometimes convince health insurance to reduce or even waive health insurance. However, the insurance adjuster for the at fault driver will act on your behalf and are happy to reimburse health insurance fully. We have saved our clients hundreds of thousands of dollars that would otherwise be taken out of their settlement by negotiating down health insurance subrogation.

How Long do I Have to Pursue a Claim for My Injuries After an Auto Collision?

In Nebraska, you must have a suit on file within four years. In certain cases, however, such as where the responsible party is someone working for a government entity, you may have a very shortened one or two year statute of limitations in which very specific actions must be taken so that your claims are not barred forever. Also, many health insurers may deny coverage if bills are not processed within one year.

Medical Payments Coverage is Your Friend After an Auto Collision

If you are injured in an auto collision, regardless of who is at fault, use the following tip to maximize your good credit rating and minimize collection calls for your out-of-pocket co-pays and deductibles:

Tips to Remember After an Auto Collision That is the Fault of Another

1. Take pictures of the collision scene and damages to both vehicles. Most smartphone cameras are suitable. If your injuries and medical attention take priority and you are unable to take pictures at the scene, have someone you trust take pictures of the damage to the vehicles, even if later at a tow yard, before the evidence is destroyed.

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