Wednesday, September 24, 2014

Evaluating an Insurance Company's Salvage Value Offer for your South Carolina Vehicle


As noted in other blog posts, a monetary offer for the true value your vehicle should be made when it is totaled in a crash. A related offer is always included in this deal--the offer to buy your wrecked vehicle. This post discusses how you should evaluate this offer.


Salvage Title


First, you need to consider that South Carolina requires a salvage title when a property damages adjuster determines that a vehicle is a total loss. This is true even in cases when the car is still a good car and when the repair costs may be far less than the vehicle value.  In fact, the DMV mandates a salvage title when the estimated repair cost to a vehicle exceed 75% of its value, or when an insurer delares the vehicle totaled . (See South Carolina Salvage Titles

When a car is declared a total loss, the South Carolina Division of Motor Vehicles marks the title with a "salvage brand." The salvage brand is permanent and can never be removed. In addition, an owner who wishes to keep driving the vehicle must demonstrate to the DMV (with repair receipts) that the vehicle was adequately repaired.  

Of course, a salvage title will substantially decrease the fair market value of the vehicle. Individuals must factor the substantial loss in value of owning a car with a salvage title, as well as the inherent difficulty associated with selling it. Keeping a total loss car is not for the feint of heart.


Do you want to unload it ?


Second, if you intend to sell the wrecked vehicle, you need a plan for how you will do so. As noted above, you need to undertake repairs and obtain clearance from the DMV before a clear title can be issued. 

You don't need to decide right away. Ask for a few days and try to call around your community to see if there are any salvage facilities or dealers willing to purchase the vehicle. In some situations, such as with antique or classic cars, it makes sense to hold onto the wrecked car and try to find a market. 

Do you intend to drive it?


If you plan to keep the vehicle and drive it after it is totaled, you should consider (1) safety and (2) mechanical issues. 

Safety is paramount. A car whose airbags have deployed will need recharged bags, and those are expensive to replace. You are taking a great risk driving around in a car with no airbags. Similarly, structural weakness caused by the metal fatigue will make the vehicle less crash-worthy. 

Increased mechanical issues are frequently associated with a car that has been totaled. It is often hard to correct alignment in cases where a automobile frame is bent. This can cause increased and rapid wear on tires and stress mechanical bits. 

Monday, September 22, 2014

How to Prove the True Vehicle Value in Your Auto Insurance Claim



The key issue in a property damages dispute is proving value. This post explains how one establishes value in an automobile property damages case.

South Carolina law allows owners to provide testimony as to the value of their own property.



This principle is set forth in the S.C.L.R. v. HARRELSON JR. 262 S.C. 43 (1974) case.  Therefore, you should provide a written opinion on your vehicle's value as part of your insurance claim.

Insurance adjuster's typically attach little weight to an owner's testimony about value. This is because most people have no significant experience buying and selling used vehicles. On the other hand, the insurance company employs people whose only job is figuring out car value. Or they have software databases that spit out the valuation data to adjusters that lack deviation authority.

Fortunately, thorough research is available to you online. Be careful and accurately input data about your vehicle to obtain an estimated value document of your own. 



Print these reports and send them to the adjuster for the claim file. 

If you have something unique about your car that increases its value upwards from the online estimators, you need to show why it has an enhanced value. Think about what makes the vehicle special. Gather repair receipts, pictures, or comparable vehicle prices in your area to make your point and submit them. 

You will also need an expert witness to prove this kind of case. South Carolina allows expert opinions in court:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Rule 702 (TESTIMONY BY EXPERTS).  

The best experts are not fancy college professor types. Vehicle experts include, but are not limited to, the following:
  • Used car sales people;
  • Mechanics;
  • Car club presidents; etc.
Do you have any friends of family with this expertise? I recommend you obtain an opinion from your expert. If he agrees with your views of the enhanced valuation, make a recorded video statement. The video doesn't need to be slick. Just use a cellular telephone to make a simple recording.  (See link.) 

Before starting the recording, your friend needs to review your online research about value, examine your vehicle, review your pictures, and check your repair receipts.  

When you make the recording use this outline:

  1. Ask your friend if he has an opinion of the value of your vehicle before the collision. (Yes)
  2. Ask your friend to provide his name, address, telephone number.
  3. Ask your friend briefly explain his expertise. 
  4. Ask him for his opinion on the value. ("I think that car was worth at least $xx,xxx").
  5. Ask him to review the research he did to arrive at the opinion.
  6. Ask him if he would testify under penalty of perjury about the opinion. 
Make sure your friend has notes so he can deliver his video statement concisely and quickly. It wouldn't hurt to practice first. Then, submit the statement to the adjuster.

Tuesday, September 9, 2014

Total Loss Property Damages Claims



How do you figure out the amount of compensation you are owed when a car is classified as a total loss? This blog post will show you how to establish a total loss property damages automobile insurance claim in South Carolina.

Pre-collision Value 

  • Opinions

The first step is acquiring expert opinions to prove the true value of your car before the crash. Below are two old standby Internet resources will get you started:



These are both well-recognized services and the opinion they attribute to value will carry weight at a trial.

To obtain an output, just accurately input the data about your vehicle into these websites. The estimated retail value for your vehicle is the approximate fair market value of your vehicle.  

Note: make sure you input the detailed information about your vehicle as accurately as possible. Mistakes will undermine the credibility of your results. Lean toward under-classifying your vehicle's condition. 

Get the data about your vehicle's value as quickly as possible because as your vehicle ages its value will decrease.

Print out the results and save copies of the estimates. If needed, you will want to mail them to the property damages adjuster for the claim file.

  • Comparable Data

Next, go to AutoTrader.Com (or similar service) and do a search for your vehicle (make, model, and year) within 100 miles of your zip code.  This search will typically yield a decent number of cars for sale in your area. Print out the list and submit it as documentation for your property claim.

Bear in mind that the price asking point in the advertisements may not be what the seller will actually take for the vehicle. But the list will give you a good sense of the market price for your car.  Make copies of your search results. If needed, you can submit the comparable data as part of your claim. 

  • Unique Vehicles

If you have a classic or unique vehicle, you probably need a way to prove that the car's value exceeds the typical comparable vehicle.  

Find receipts for recent improvements on the vehicle such as tires, wheels, paint, engine, or sound system. Add these to your file. 

Do you have pictures of your car to demonstrate how nice it was?These pictures, receipts, if recent, can help bolster your car's value and help you prove it was worth more than the estimated normal comparable value.

Submit these documents to the property damages adjuster.  

Salvage Value Considerations

When your car is totaled, you always have the option of keeping the vehicle. If you choose to keep it, the total compensation will be reduced by the estimated value of the vehicle salvage. (See the formula above).

The automobile insurance company will offer to buy the title for the cost of the vehicle salvage value. For a newer model vehicle, the salvage value can be surprisingly high. Older model cars are typically a lot lower, maybe $300. 

Generally, most people would prefer not to have a wrecked car towed out to the front of their homes. This is why the insurance company often requests that you sign over the Title, or to give them a Power of Attorney to deal with the lien-holder. The insurance company will sell the salvaged vehicle to recoup partially the expense of paying you for the total loss of the vehicle. 

If you have a unique vehicle, figure out the estimated salvage value before you agree to the insurance company offer. A unique vehicle will often be worth substantially more than the salvage value estimate of the insurance company. 

Taxes and Tags

When your car is totaled the insurance company must pay the cost of replacing it. This includes the cost of paying State sales tax and buying new tags for the replacement vehicle.  

Rules of the Road: School Buses


Wednesday, September 3, 2014

What Three Factors Determine When an Insurance Company will Declare A Wrecked Vehicle as a Total Loss?

When your car is heavily damaged in a South Carolina motor vehicle collision it sucks. I know this from personal experience.

The automobile insurance company responsible for paying the damages claim will have to make some quick decisions. 

This post explains the insurance decision-making thought process in determining whether to declare a vehicle as a total loss.

1. Assess the Pre-collision Value of the Damaged Vehicle

The first factor an insurance company adjuster is going to quickly assess is the approximate value of the damaged vehicle. Insurance companies can make this preliminary assessment based upon the vehicle's age, make, and model. 

2. Cost to Repair

The second factor it will assess is the cost of repairing the vehicle. The adjuster should interview the owner and find out where the vehicle was damaged in the crash.  

To finish the repair cost assessment, most insurance companies employ a property damages repair expert. This person will go to the vehicle and thoroughly inspect it. Afterwards, he will send a written repair estimate and pictures to the property damages adjuster. 

In some cases, an insurance company may have the vehicle inspected by a repair facility. In such cases, the facility will provide an estimate of the repair cost. 

The more expensive the repair estimate, the more likely it is that there will be cost over-runs. Once repairs are underway, it is not unusual for a repair facility to realize that more parts were broken in the crash. Or, while repairing the vehicle, a mechanic may determine that the frame was damaged. 

3. Weighing The Factors (Fifty Percent) 

The final factor made is a comparison of the first two factors. It can be expressed as a formula that looks like this: 




It is an easy decision to total a vehicle when the repair costs exceed the market value. Here is the example expressed as the formula:


Once it clear the repair costs will exceed the value, the insurance company will just declare the vehicle a total loss and pay the value ($8,000) instead of undertaking repairs ($10,000). 

Even when repair costs are less than the value, smart insurance companies will usually total a vehicle when costs exceeds 50% of value. Here is an example:

  
This is somewhat surprising. At first glance most people assume that if a vehicle can be repaired for less than its value, then fixing it is economically justified. However, there are other damages compensation due that make repairing such damage a risky option. When extensive repairs are made to a wrecked vehicle, supplemental property claims for more money can and should be made. These supplemental claims include the following: (1) Loss of use claims; (2) Repair cost over-runs; and (3) Diminution in value. 

South Carolina law requires a salvage title when the repair costs exceed seventy-five percent of the vehicle's fair market value.  (See South Carolina Salvage Titles) Salvage titles will drastically and negatively affect the resale value of your vehicle.

Don't expect an insurance company to voluntarily tell you about the extra money to which you may be entitled. Be alert! A sneaky or dumb insurance company may try to repair a damaged vehicle even when the estimated repair costs exceed fifty or even seventy-five percent

The insurance company is hoping you don't realize you are being under-compensated.  That's what this blog is about. Education.

If you encounter a dumb insurance company, visit the links below to read about how to make the additional compensatory damages claims so you can get all the money you deserve. 



Wednesday, August 20, 2014

How To Maximize Your S.C. Property Damages Insurance Claim Money

When your car is wrecked but not totaled you can recover the cost to repair the vehicle from the liability insurance company. Everyone knows that. If the damage to your car is significant, you can also get substantial money damages for two other kinds of loss: the loss of use and the loss in value of your vehicle because it was in a wreck. Read on to see how to gather evidence in support of these supplemental property damages claims.

Loss of Use.

When your car is being repaired, you are entitled to damages caused by the loss of use. This is normally equal to the cost of a rental car, or around $12 - $15 per day depending on your location. 

If you had a special vehicle, like a truck used for your small business, or a larger vehicle needed to transport a large family, then you are eligible to a replacement vehicle that is suitable for your purposes.  If you car is repaired in just a couple days, it is probably not worth quibbling over this element of your claim. On the other hand, if you do have to litigate the dispute, then you should seek full compensation. 

To make a claim for a special loss of use, you need to establish the cost of replacing your specialty vehicle. You need documentation to establish the additional cost of renting a specialty vehicle.

If the liability insurance company refuses to provide a replacement vehicle while yours is being repaired, you have options. 

First, you should rent one yourself. The out of pocket cost of the rental should be fully reimbursed. If you need to replace a specialty vehicle, make sure that the invoice indicates why the rental cost is higher than $10-$15 per day. Also, shop around so you can prove later you have mitigated the damages by finding the most reasonable rental cost in your market. 

When you cannot rent a vehicle, then you can negotiate to rent a vehicle from a friend of family member. I am an Uber fan. If you live in a city and have a smart phone, this is a great option.  Use the Uber application to purchase your rides around town. You can request Uber to print an invoice showing all purchases during the period you were without a vehicle. You should be able to make a full recovery of Uber costs.

Alternatively, you may agree to just reimburse your friends for rides based on the mileage driven. If you choose this option, keep a contemporaneous log book of all trips. You can use the log to prove the mileage reimbursement at the government rate.

If you have to bring your vehicle to the repair facility on more than one occasion, then you are eligible for loss of use damages each time you are without.

Diminution in Value

Anytime your car is in a wreck, there is a probability it will lose value. The amount of diminution depends on the extent of the damages and the age and quality of your car. 



We recommend obtaining some key documents to prove your diminution in value damages. 

a. Figure Out Your Car's Pre-Collision Value

First, as quickly as you can, determine your car's pre-collision estimated fair market value. You can use several services on the Internet to help you. Here are two we recommend:



Figure out the fair market value quickly because as your car ages the car value will decrease. Print a copy of the reports and save a copy of the reports for future evidence of your car's pre-collision true value. Establishing your car's true value is a key element of any property compensation claim.

b. Where's the  Car Fax

A few weeks after the repair work is finished, buy a Car Fax report. Sometimes it might take a while for the collision to show up so it does not hurt to wait for a few months before seeking this information. 

Car Fax reports are helpful because most used car buyers use them to investigate vehicle history. If your vehicle report shows your car was in a collision, then the value of the car will be less than the value of a car that was not in a collision. Car Fax also characterizes the severity of the collisions so it can make a pretty big difference in value.

c. Sell the Car On the Open Market

We recommend you first take your fully repaired car to Car Max. The Car Max will inspect your car and make a written offer to buy it. Keep the written offer. Technically, the written offer by Car Max is not hearsay. This offer is typically low. You should be allowed to introduce the written offer into evidence as a "verbal act."  The offer from Car Max is evidence of the fair value of your vehicle after the collision. 

When you subtract the the Car Max offer from the pre-crash true market value of the vehicle, the product is the maximum amount of your diminution of value claim. However, an insurance lawyer or adjuster will typically argue Car Max offer was not a fair price for your repaired car.  

To neutralize this position, try to sell the car on Craigs List for what the insurance company claims is the true value. So, if the insurance company offered you anything for your car's post-crash diminution in value, subtract that amount from the pre-crash tue value you figured earlier. That is the price point you shoot for when you try and sell it on Craig's list.  Clean your car up and use good pictures when you advertise the car on Craigs List. You should also upload your Car Fax report.

Keep track of all offers made and all all calls received in your logbook.  Later, you will testify about these calls and offers (or the absence of offers and calls) to prove the amount the insurance company value was too high to sell the car on the market. If at any point, you do get an offer you like, take it! 

If you do sell your car, the actual amount you sell it for is strong evidence of its actual true value post collision. Just make sure you do a good job of trying to get the best price you can before you sell so you can explain it in court that you have mitigated damages. 

If you cannot sell the car, your monetary damages for its loss in value is likely somewhere between the low Car Max offer and the insurance company offer. The quality and extent of your efforts to sell the car on the open market will determine whether the damages are closer to the Car Max number or the insurance company offer at a trial. 

Please read this post about getting more out of your property damages claim.  

Later, I will post more on how to file a South Carolina arbitration claim.

Sunday, August 10, 2014

List of Resources for Traumatic Brain Injuries

I put together this list of resources for people who have suffered traumatic brain injuries, their families, or attorneys who represent them. This is a South Carolina centric list but has useful information for other states as well. I hope that this information will help.

Tuesday, August 5, 2014

Handling A South Carolina Automobile Insurance Repair Claim

Nobody wants to crash. It is never worth it. If you're reading this post, you or a friend are probably in a situation. If so, then the information about how to make an automobile repair claim will help.  

In South Carolina, automobile liability insurance companies must act immediately to fully settle property damages when negligence is obvious.
Whenever an insurer has the appropriate motor vehicle coverage . . . the payment of the full property damages . . . is immediately due and owing and must be paid promptly.
S.C. Code Ann. S  38-77-330. 

If the claim is against your own policy (such as for collision, comprehensive, or uninsured motorist insurance), then your policy language effects the amount of compensation due. This post assumes your claim is against the insurance company for the at-fault driver.

The most common type of South Carolina insurance claim is a minor collision claim involving a repairable vehicle. The idea is that your car's collision damage will be so completely repaired that it will end up in its pre-collision condition. This means that the quality of any mechanical repairs must be top notch. 

1. Where

The choice of where to have a vehicle repaired is yours. You may direct that the insurance company take your vehicle to your facility of choice. However, there are advantages to be gained by letting the insurance company pick the repair facility. For example, when there are problems with the repair work, it is easier to argue for additional compensation when an insurance company picks the facility. If you pick the facility, the insurance company will often try to blame your mechanic for post-repair problems or delays (loss of use issue). 

2. Parts

Unlike a lot of States, South Carolina does not have a specific statute mandating use of original equipment parts (OEM). However, the common law here does require them. When a repair facility does not use OEM parts, document it for your claim. It may entitle you to additional compensation. 

On the other hand, because the vehicle was not brand new when you crashed, the liability insurance company is not required replace broken parts with brand new parts. 


You somewhat control the repair of your vehicle. Therefore, you might choose to use after-market parts to save money.  Just make sure that it is you gaining the savings and not the insurance company or the repair facility.

3. Thoroughness

When you evaluate a minor repair job, consider that all damage must be fixed, including smudging of paint or any scratching of the body. The body work aspect of the repair can be costly and you want to make sure this part of your compensation is paid.

Do not let an insurance company argue you out of repairing a paint smudge on a plastic bumper as too nit-picky. You should still seek compensation for the repair.

4. Inadequate Repairs

If there is a problem that is not being fixed, keep good notes about what is wrong.  Your obligation is to be a good historian when reporting symptoms to a repair facility.  A facility cannot be expected to fix a problem they cannot understand. Clear written communication is key.

The repair facility must have an opportunity to cure defects in their work. Bring the vehicle back to the repair facility until either they (1) fix the symptom; or (2) tell you that it cannot be further repaired.  

When a facility tells you it is unable to repair a symptom, or that the condition is irreparable, document the issue with a written or recorded statement from the technician or facility employee.  At the very least, make your own notes. Also, request and keep copies of all invoices and work orders at the facility. These are forensic documents that should be preserved in case needed later to support your claim.

5. Loss of Use

During the period your vehicle is under repair, you are eligible for the loss of use of your vehicle. The monetary amount of this loss is typically pay about $10 - $20 (the cost of a rental vehicle). Sometimes an insurance company provides a rental vehicle instead of paying these losses with monetary compensation. Keep good records of the periods you are without a vehicle so you can make a claim for compensation.

6. Other Property Damage

There are a lot of other possible property damages caused by a collision. Next week I will post about how you can get even more money (compensation) out of a property damages claim.

7. Who Gets the Check

If you have a loan on the car, sometimes the insurance company will add the bank as a payee on the check. This is intended to insure that the bank's collateral (your car) is repaired. The bank may want to participate in picking the facility where the repair work will be done.  

If the car is taken to the insurance company facility for repairs, the check is sometimes made payable to both the facility and you. In so, inspect your car to verify the repairs work was completed before you endorse the check.  

If you choose the facility, the check may be issued to you. In this situation, take the car to your mechanic and negotiate a price.

Friday, August 1, 2014

How to Make a South Carolina Automobile Property Damages Claim Without an Attorney

You have three property damage insurance claims you can make when your car is in an accident with a careless South Carolina driver
  • A liability insurance claim (his policy);
  • A collision insurance claim (your policy);  and
  • A uninsured motorist claim (your policy). 
Let's go in order.  

Liability Insurance Claim

If the other driver is legal, he will have liability insurance that covers property damages caused by his careless driving. 

Making a claim is simple.  Write to or call the other driver's insurance company. We recommend writing because it creates a record. But calling will work fine if the liability insurance company is honest. Keep notes about all communications with insurance companies. 

The liability insurance company will open a claim, assign a claim number, and refer the claim to a property damages adjuster. Write this information down.

The Liability Adjuster's Preliminary Investigation

The first two issues the liability insurance adjuster will address is (1) verification that the other driver's carelessness caused the collision, and (2) that there was coverage on the car at the time of the collision. 

  • Liability Investigation

A copy of the FR-10 form should be sent to the liability adjuster as soon as the claim file is opened and/or a property damages adjuster is assigned to your claim. The adjuster's liability determination can be made simply referring to the police report, which will indicate the police officer's opinion on fault. The FR-10 is a forensic document and it puts pressure on the adjuster to quickly resolve the liability issue and move on to the property damages assessment. 

Sometimes the property damages adjuster will want to talk to the driver of the other car to verify the police officer's opinion.  Sometimes this can cause a delay.  The longer the adjuster's liability investigation drags on unresolved, the longer it will take to pay you for your loss.  With some insurance adjusters, the preliminary investigation can take days or even weeks.  When the delay associated with the adjuster's investigation becomes inconvenient, just file a collision insurance claim (if you have such coverage on your policy).  

  • Coverage Investigation

During the preliminary investigation stage, the liability insurance adjuster will also make a coverage evaluation. This coverage evaluation should not take long. However, there are exceptions such as when there is an issue of "permissive use" or fraud.

If there is a substantial delay caused by a coverage investigation, file an "uninsured" claim with your own insurance company.

Damages Assessment

Eventually, the liability adjuster will attempt to determine the amount of your property damage. The damages assessment process is the same no matter what type of insurance claim you are making (liability, collision, or uninsured).

  • Minor Collision

In a minor collision, the adjuster will hire someone to view your vehicle and assess the cost of repairs. 

You have two options: (1) You can accept payment for the estimated repair expense and hire your own mechanic, or (2) you can take the car to one of the insurance company repair facilities.   

Which option is best? 

It depends.


I favor the insurance company repair facility because that will reduce argument about who is responsible for faulty repair work. However, if you know a good mechanic and the repair offer is more than what your mechanic is charging, it makes sense to choose someone you know. 

If you take the vehicle to the insurance company repair facility, keep bringing it back over and over until the repair work is completed or they just refuse to work on it anymore. You should also have your car checked by your mechanic to verify that factory parts were used and that all the repairs were adequately made. Take pictures, make recordings, and obtain statements if there are repair issues. 

  • Major Collision

In a bad collision, the issue of total loss has to be considered. 
Insurance companies generally realize that when the cost of repairing a car is more than fifty percent of its total value, it is a total loss. This is because major repair work will never be able to fully return the vehicle to its pre-collision state, and the vehicle will have a significant loss in value.  

  • Total Loss

If the insurance company decides to total your vehicle, then you have two options: 
  1. You can keep the vehicle and receive a payment for its pre-collision, fair market value minus the post-collision "salvage value." (The salvage value of a new vehicle can be quite high.) or
  2. You can deliver title to the insurance company and receive a full payment for the fair market value of the vehicle before the collision.

Option 2 is chosen frequently because people don't want a smashed up wreck towed to their home.

If still owe money on the car, a bank will hold the title. The liability adjuster will negotiate the payments with both the bank and you to obtain the title free and clear.  Hopefully, the car is worth more than the loan balance, and you will receive some money after your debt with the bank is paid.

  • Repair

Repairing a vehicle that was in a major collision to its original condition is impossible. Document and create evidence to prove the inevitable unresolved problems. These problems decrease the value of your vehicle and you should receive compensation for the loss. Here are some examples:

  1. Go under the car and take pictures of a bent frame;
  2. Use your phone to record squeaks and whistles as you drive;
  3. Obtain statements from your mechanic that replacement parts were not factory parts (they can be used factory parts in South Carolina), or that repair work was incomplete; 
  4. Record friends who can feel and see lumps on the body or differences in paint; or
  5. Take pictures to show visible unresolved problems.

Use the evidence and push for money to make up for the car's decrease in value.

Collision Insurance

Collision insurance is no fault insurance. It pays no matter who caused the collision. Your insurance company will quickly pay you for your loss because it does not need to do a preliminary coverage or liability investigation.  Sometimes it is preferable to make a collision claim and quickly settle with your company rather than waiting weeks on the liability adjuster's investigation.

To file a collision claim, just write or call your own insurance company and tell it you wish to open a claim. Like with a liability claim, the company will open a claim file and assign an adjuster.  

Once the collision insurance claim is paid (or the repair work is authorized), your insurance company will pursue reimbursement with the liability insurance company. 

What you will need to worry about when making a collision claim is your deductible. You need to continue to press the liability insurance company for reimbursement of your deductible. Sometimes your own insurance company will help with this. 

Uninsured Motorist Claim

When the car that caused the collision is uninsured, or when a collision was caused by a hit and run driver, your only option is to file an uninsured motorist claim. You will have to pay the deductible amount.  However, an uninsured deductible will be less than a collision deductible. Make sure your own insurance company processes the claim in the way that is best for you financially.  

The process to make an uninsured motorist claim is the same as any other. Just write or call your company and make the claim. Keep a record of the number and adjuster's name who is assigned to the claim.

You should make an uninsured claim when the liability insurance company is taking too long to figure out if there was coverage. Let the two insurance companies sort it out. Don't forget to make the liability insurance company reimburse you for your deductible.

Thursday, July 24, 2014

Forensic Investigation of Motor Vehicle Collision Sites

Often there is a disagreement about what happened to cause a motor vehicle collision. Fortunately, there is usually forensic evidence at the scene that can corroborate your story. However, one must move quickly to gather the evidence or it will be lost forever.

In a bad collision such as one with death or serious injury, it is wise to hire a professional to collect site data as soon as possible. However, even in a bad wreck, when the amount of insurance coverage is limited it may not be cost-effective to retain an expensive expert.

Police Investigation

In South Carolina, the police use a standardized report form (TR-310) to record data at a crash site. Quite a bit of useful information about a collision is recorded on this form. This information includes facts like the location and time, specifics about the vehicles, drivers and witnesses, descriptions of vehicle movement and actions, weather, speed, and causation statements as well as a lot of other data. 

Nevertheless, relying solely upon the police investigation report for your forensics is sometimes unwise. The report is usually incomplete or the investigating officer may rely on information provided by the other driver, much of which may be inaccurate. Therefore, smart people often gather their own forensic data from the collision scene.

Safety First


If you intend to visit a collision site to collect forensic evidence, take safety precautions. 
  • Definitely wear a safety vest to make yourself visible to other drivers. 
  • Keep your head on a swivel and do not trust people to keep a proper lookout.


  • Try to visit the scene during a bright day and when traffic is light.
  • Park your vehicle in a place where it is not a hazard to road traffic.

Measurements and Collision Site Evidence.


Skid Marks


The length of a careless driver's skid (assuming he braked) may be used by an accident reconstruction expert to his calculate speed. This bit of forensic information can help prove when another driver is not telling the truth about his speed. Alternatively, photographs revealing an absence of skid marks help prove the other driver never braked at all.

Road traffic and weather will erase skid marks fast so it is important to act soon if you want this data. When you measure a skid mark, look carefully to find the faintest beginning of the mark. That is the point where you begin to take your measurement of length.

I use bright green spray paint to mark the beginning and end of a skid mark, and also to mark any other relevant tire marks (see below). The best simple tool to measure length is a rolling measuring wheel. Use a tape measure to measure width of any skid marks. If possible, bring a witness with you to help you record the data and stay organized.  Keep detailed notes with pad and paper. 

Scrub marks 



Carefully examine the skid marks left on the road surface by tires. There are useful clues to be gathered along the tracks of the skid. Investigators call a sudden sideways tire-mark a scrub mark. This type of detail is important to a forensic investigator because it may indicate a point of impact.

One possible cause of a change of a sudden change in direction is a collision that redirects the vehicle's direction of travel. Scrub marks are important because they help confirm the location of where a collision impact took place.  Such data as a scrub mark or gouge (see below) in the road surface is important for presentation of evidence in a trial. Even without an expert, an attorney can argue to a jury about what a scrub mark or road gouge mark represents. It is common sense and reliable information that goes into the mix during jury deliberation.


Post Collision Skid Marks


Try to find evidence used to determine a vehicle's post collision direction of travel. Look for sideways skid marks and yaw marks indicating a post-collision spinning vehicle. 

Road Surface


The quality of the road surface is a factor experts consider when figuring out speed. Accident reconstruction experts talk about a variable number called the coefficient of friction. An accurate coefficient of friction is necessary to estimate speed. Without this variable corroborated and explained, some judges may sustain a "speculation" or "no foundation" objection and prevent your expert from stating an opinion on the other driver's speed. Whether you decide to hire an expert or not, you should still try to establish evidence about the road surface. You do not need to be an engineer to make accurate observations. Here are some of the items to think about recording in your notes and pictures about the scene.

  • The wetness or dryness of the road surface at the time of the collision;
  • The grade of the road (level, downhill, uphill);
  • The type of road surface (asphalt, concrete, gravel);
  • The quality or age of the road surface (older road beds are degraded and looser than newer paved roads); or
  • The amount of vehicle fluids accumulated.
Make notes about the road surface in the area of the collision. Document your observations of the road surface with notes, tagged photographs, or short movies.

The coefficient of friction data is not the only thing on the road surface you need to look at. Look for scratches and gouges too. The forces at work in a motor vehicle collision can be so powerful that the road surface itself will be marred. For example, two cars in a head on collision will tend to gouge out a chunk of the road surface at a point of impact. The gouge marks the exact location of the point of maximum impact between vehicles.

Alternatively, if the vehicle rolls or overturns, the metal as the car slides along the surface may create scratches and other marks.  If you see such marks at a collision site, spray paint a circle around it and record the exact location and distance.

Vehicle Position


Record the exact location where the vehicles in a collision came to rest. Use your spray paint to draw a corner mark. Look for fluid spills and other evidence on the road surface to confirm a resting location of a vehicle with a damaged engine.

Also look for any debris fields, or other evidence left at the site of a collision. For example, in an emergency, EMS personnel may remove shoes or cut away clothing and toss them off. Record the location and nature of any collision related debris.

Damage to Physical Objects


Observe and record evidence to physical objects along the area of a collision. Look for dented guard rails, signs, and trees.

Record The Forensic Evidence


Use your camera to take a good photographs of the evidence. Try to include background features in the pictures--such as storm drains or signs--to help with reconstruction of the accident. Take closeup pictures, and pictures from a distance. Take pictures from different angles, going and coming, and sideways. Make movies. For example, start the camera and walk along the skid mark shooting the mark as you walk. Also, take pictures of any relevant traffic control devices such as speed limit, stop, or yield signs, or traffic signal lights.

Make a Diagram


Make a diagram of the collision site. My favorite trick for creating a diagram of a collision site is to use Google Earth and obtain a satellite image of the site. Lighten the image and print it out. Take several copies of the satellite image with you to the scene to make your drawing.  If possible, find landmarks on the satellite image that you can use as background for photographs of road surface forensic evidence. Shoot pictures from different angles to facilitate triangulation and understanding. Such images will help orient your drawing, improve its accuracy, and deflect objections that the pictures tend to confuse.  

At trial in South Carolina, the diagram you draw does not have to be perfect. The foundation for admitting it into evidence is that your diagram is sufficiently accurate to illustrate the testimony about how a collision happened.  Still, I would strive to make it as accurate as possible.  

Make separate diagrams for different sets of data. For example, on one, draw important points of interest such as the beginning of a skid mark, a gouge, or a scrub mark, and the measurements associated with each aspect. On another show the vehicle resting positions and any fluid spots on the roadway. On an another, show traffic control devices, etc. 

Keep Records and Organize Your Work


Take good notes about your measurements as you work.  Once you finish gathering the information, take some time to sit down and organize the data. Organizing the data before leaving creates an opportunity to spot holes in the data, and to correct notes that are hard to read or understand while everything is fresh in your mind. If necessary, supplement the forensic investigation without having to return to the scene later on.

Save all of your work.  Even your scribbles.

Friday, July 18, 2014

What To Do If You Are In A Wreck

Stop your vehicle. Drive the vehicle off the road to the shoulder so it is not endangering other drivers. 

Hopefully, nobody is hurt. Call 911 and report the collision. 

Try to make sure other drivers approaching the collision have time to see it and take evasive action. Activate hazard lights in your car.  If you have cones and flares, this is the time to use them to warn others of the road obstruction. Get yourself and any uninjured people to a safe spot out of the road as soon as possible. 

Identify yourself to the other driver. Exchange driver's licenses, car registrations, and insurance verification forms. Take pictures of the other person's documents and his vehicle license plate, or write down the information.

Wait for the police. Once the police arrive, they will seek to interview both drivers. 

When it's your turn to talk to the officer, she will want to see the licenses, registrations, and insurance verification forms. Have them with you and ready.  Be professional. 

The police officer will create a police report for the collision called the FR-10. A copy of this document is given to both drivers.  The FR-10 may indicate who caused the collision (in the officer's judgment) and have a lot of important data on it. Review the FR-10 form and notify the police officer if you see any mistakes. If you are a passenger, take a picture of this document. It has important information on it.

Report the collision to your insurance company as soon as possible. This is true whether the other person causes the accident or you do. 

If you are not in your own vehicle, you need to tell the owner of the car about the accident so he can report it to his insurance company. Also, the owner is required to verify his automobile insurance to DMV within 15 days of the collision. Normally, the owner's insurance company will do this for him.

See this post about how to preserve evidence related to the collision: Your Mom Wrecked! Use Your Smart Phone To Create Powerful Forensic Evidence for Her South Carolina Case

Friday, July 11, 2014

Top Ten U.S. Presidents



Here is my list of the top ten best Presidents in the history of the United States:

  1. George Washington
  2. Thomas Jefferson
  3. Martin Van Buren
  4. Calvin Coolidge 
  5. William Howard Taft
  6. Warren G. Harding
  7. Andrew Jackson
  8. Dwight D. Eisenhower
  9. John F. Kennedy
  10. Grover Cleveland


              My main factors in these rankings are the President's willingness to adhere to the U.S. Constitution, willingness limit federal power, and practical achievement of actually resisting increase in federal authority. In other words, I prefer Presidents that increase freedom. Some of these Presidents were actually successful in decreasing the size and scope of the U.S. Government power.

              Monday, July 7, 2014

              Your Mom Wrecked! Use Your Smart Phone To Create Powerful Forensic Evidence for Her South Carolina Case

              Your Mom wrecked! 

              The collision site is now a crime scene. Even if you're not a policeman, attorney, private investigator, or paralegal, you can still help your Mom's wreck investigation with one simple, everyday tool to gather forensic evidence and support her claim--the smart phone. This post gives you some examples of the powerful way you can use a smart phone to help your Mom.

              The dictionary defines forensic  as "the application of scientific knowledge to legal problems." In the courtroom, forensic evidence is powerful. Forensic evidence includes pictures, videos, and careful measurements of time and space. Forensic evidence corroborates testimony. It is vitally important because it establishes a factual record that is not easily attacked by insurance defense lawyers. 

              What kind of forensic evidence does your Mom need to prove her wreck case? Obviously, she needs proof of the other driver's carelessness. But she also needs proof of her harms and losses. Gathering forensic evidence for harms and losses is often overlooked by lay people. However, the damages element is the most important part of your Mom's claim. Forensic evidence of your Mom's harms and losses documented with a smart phone enhance the probability your Mom will make a full monetary recovery. 

              The ubiquitous smart phone is your best tool for making a good forensic record. Send the image, audio and video files you make with it to yourself (or your attorney) by email, save them to your computer's hard drive, and upload them to an Internet file storage service (e.g., Dropbox) as backup. 

              Here are some examples of how to use a smart phone to create forensic proof.

              • Take pictures of the vehicle damage.

              The insurance company will take pictures of the vehicles. However, the insurance company takes photographs designed to minimize the collision impact. (Insurance defense lawyers like to argue the collision impact did not cause injury.) Therefore, your Mom needs pictures of the car to prove the vehicle damage. 

              Think like a CSI. If a paint smudge on your car helps proves someone hit you, take the picture of the smudge.  If the dent location supports your description of the collision, take a picture. Take pictures of the interior. Look for bent steering wheels and star patterns on the glass.  Photograph the speedometer and odometer.  

              It is worth a trip to the facility where your Mom's car is stored to gather this evidence.

              • Record Witnesses

              Make audio recordings of witness interviews. At the beginning, ask them for their names, addresses, and telephone numbers and let them know you are recording. Get them to tell what happened to cause the collision. Ask them if anyone was hurt and for a description of the injuries. It is even worth attempting to get a recording of the other driver. Keep your audio files short, sweet, and to the point. These are wonderful bits of forensic evidence at trial.

              • Make a Video of Your Mom's Route 

              Recreate the trip. This will help explain how dangerous the other driver is to other people on the roadway. As they watch, the jurors will imagine that they are sitting in your Mom's car which is about to be in a bad collision. The feeling is literally like watching a train wreck.

              Plus, the recreation video is often used to overcome excuses or misrepresentations by the careless driver. He might claim that your Mom was at fault for speeding, or that the sun was in his eyes, or that he didn't have time to see your Mom because of a curve or hill in the road. Use your smart phone and take pictures from his perspective. The pictures will show how easily a careful driver might have avoided the collision

              • Use the Stop Watch.

              The stop watch on your smart phone can help recreate the timing of events leading up to the collision. For example, how many seconds elapsed between the time your Mom first saw the other car, and when it pulled out in front of your Mom's path of travel. Very accurate information about timing is often an essential forensic bit used to figure out speed and undermine defenses (excuses). 

              • Take pictures of your Mom's injuries as soon as possible

              Photographs document evidence of your Mom's injury. It is true that EMS and hospital triage records include medical examination notes that record the doctor's observations of what he saw that day. But you should not rely on the hospital records or the examination notes to accurately record injury data. Hospital records often have conflicting information, omit important facts, or have errors. Take pictures of your Mom's bruises and lacerations. These pictures constitute irrefutable proof of traumatic injury and help to explain the mechanism of your Mom's injury.

              • Keep taking pictures as your Mom heals 

              You can use a series of photographs to demonstrate how long it took your Mom to overcome her injuries. This is particularly true with a very severe injury which may take months and even years to fully heal.  If there is a residual injury, like a scar, photographs help to prove a permanent injury exists. 

              • Take pictures and make movies of your Mom's rehabilitation

              If your Mom is stuck in a hospital bed, wheelchair, or uses prosthetic devices to get around, use your smart phone to make short movies of what she is going through. Take pictures of the crutches or wheelchair she uses.  Make a clip of her doing the prescribed daily physical therapy exercise

              Movies and pictures like these are gold for your attorney during direct examinations. They can be used to demonstrate your Mom's harms and losses in a positive way. They make her testimony interesting and give us visuals to help your Mom tell her story. They illustrate how much time and effort she expended recovering from the harm. 

              • Consider an Audio or Video Logbook of her Recovery

              Think about an audio or video logbook to contemporaneously record your Mom's feelings during her recovery. Make it part of the story about how your Mom overcame her injury. Let her address the frustration and setbacks along the road and explain how she was able to cope. Make it positive.  Be accurate in your Mom's log. If the contemporaneous recordings about her feelings are authentic, they will dramatically help prove your Mom's harm at trial.

              • Copy Documents
              You can use the smart phone to capture images of documents. Take pictures of the police incident report. Take pictures of the business cards of witnesses. Take pictures of driver's licenses and insurance documents.  Take pictures of hospital contracts. Take pictures of license plates.

              There are applications you may add to your smart phone that will convert these images of documents into Adobe pdf files that are easy to store and share. One example is an application called the Cam Scanner. 

              Conclusion

              We hope that your Mom does not really have an accident. But if she does, we want to help her with her legal claim.  Thanks for reading!