Your first consultation is free, so there is no risk in letting our attorneys assess the value of your claim. If we believe you have a good case, we will tell you and immediately accept your case for investigation. We devote the time and money necessary to fully investigate the facts and analyze your legal options. We then offer our candid assessment, advise you on how to proceed and how we can best help you make a difficult situation easier.
Any lawyer who gives an opinion as to the specific value of the case without the benefits of fully and completely investigating and reviewing every item of liability, as well as damages, is either inexperienced, incompetent, or inept. Each and every case is different, and a competent, experienced lawyer will spend the time, money, and resources to conduct a thorough investigation. The lawyer will obtain and review every single document, record, and report; retain appropriate experts; and review the applicable law prior to rendering an opinion to the value of the case. To do otherwise is a disservice to you, the client.
After careful consideration and evaluation of your case, an experienced lawyer should be able to give you a range of what your case is worth based upon the specific facts of your case, the applicable law, and previous cases he or she has handled with similar liability and damages.
If the cost to repair the vehicle is more than the car is worth, the insurance company will probably “total” the vehicle and give you a check for what they believe the car is worth. Unfortunately, if you paid too much for your car, including the sales price and financing costs, and your car is a total loss, you may become “upside down” in the value of the vehicle versus the loan amount due. In other words, you may end up with no car but with an obligation to continue paying for it anyway.
If the person at fault does not have coverage for the damage he or she has caused to you, you may have to file an injury claim under your own insurance policy. This coverage is referred to as uninsured motorist insurance and is included in every policy in New York. The minimum policy limits are $25,000; however, it can be much higher depending on the premium paid.