Tom McCutcheon – Attorney at Law
Because Joel and I do so many automobile accident cases and always represent people and never insurance companies, we get a lot of calls and a lot of questions from people who have been in car wrecks. A lot of these questions have to do with damage to an automobile.
Most cases that seek damages from a car wreck depend on who was at fault. As every
one knows, there are rules that determine fault in an accident. Common causes of accidents are following too closely and rear ending someone or failing to yield the right of way. Accidents are caused when people don’t heed stop signs and red lights. Obviously there are many ways that accidents occur and most of them are preventable. If the rules of the road are followed, accidents don’t happen. Remember that there are specific rules, such as stopping at stop signs and there are other rules that impose a duty on a driver to drive in a safe manner. An example of that duty would be to keep a proper look out. A similar example would be the duty to reduce your speed below the posted limited in the event weather causes visibility problems.
People are entitled to seek personal injury damages which include pain and suffering, permanent injury, lost wages, medical bills, mental anguish and compensation for other harms and losses.
Property damage cases are for damages to property and not people. Damages to people are known as personal injury. Joel and I are personal injury trial lawyers. As a service to our clients we handle the property damage claims. This includes the repair of the automobile. Contrary to the assertion of many insurance companies, money for the diminution in value of the vehicle is also recoverable. Diminution in value is monetary recognition of the fact that a wrecked and repaired car is worth less than a car that has never been damaged. CarFax exists for a reason. An owner is entitled to be paid for the costs of the repair of the vehicle and the difference between what it was worth in its un-wrecked state and what it is worth after it has been wrecked and repaired. Like all claims in court, you must have competent proof. If you want your car repaired, you have to have proof of who was at fault and you need someone who regularly repairs cars to testify about the cost to repair the car. An owner of a car can testify about its value in their opinion if it is totaled. I would want an experienced car salesman with some research done in the matter in addition to their general experience to testify about the specific amount of loss a person incurred as a result of owning a wrecked car.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
