Lesser Known Types of Auto Accident Claims: Loss of Affection or Companionship

Car accidents can be devastating in many ways. One lesser known consequence can be the loss of the ability to show your partner normal levels of affection, including sexual activity. The legal term for this is a loss of consortium.

Unlike other types of damages, loss of affection, companionship and consortium usually are claimed by the uninjured spouse. However, these types of costs can’t be declared if you don’t recover damages for your injuries. If a motorist dies as a result of his injuries, surviving family members may also claim loss of society and companionship damages.

Faced with this type of claim, the jury considers many factors, including:

 

  • Whether the deceased motorist was in a loving, harmonious relationship
  • Their living arrangements
  • What the overall effect of their absence on any living family members
  • How much care and companionship the spouse received
  • The spouse’s life expectancy

Many of these same points are part of the deliberation process in the event the spouse is permanently disabled.

If you intend to pursue this type of claim, it is vital to seek the advice of an attorney. There is specific case law where the courts defined when the effect of the defendant’s actions causing the injury begins to collect. There is also a requirement regarding when the couple was married affecting the legality of the consortium argument.

For these reasons, consultation with a lawyer will provide a clear strategy on how to approach this type of claim and how the law applies.

For more information about claiming loss of affection due to an auto accident from the expert attorneys at Bond Sanchez-Gordon, please contact us here or call us directly at 800.471.0341.

Pitfalls To Avoid When Trying To Recover Damages From Insurance Companies

While photographic evidence and testimony are valuable when attempting to recover damages from a negligent driver’s insurance company, don’t expect to simply submit the records and instantly close the case. Unfortunately, it will take considerable time and effort to manage this part of the post-accident process.

While the claims adjuster will seem like a reasonable person, don’t be fooled. It is in their best interest to minimize dollars paid out of the insurance company’s checkbook for any damage claims.

They will contact your witnesses to get their version of the story — often more than once — looking for reasons to offer less money. They will do the same to you with your account. It’s nothing personal — it’s their job.

They are looking for consistency in statements. Any misstep in eyewitness testimony turns into an opportunity to authorize a lower payout.

It’s not uncommon for the insurance company of the responsible driver to press for quick closure. They may want you to pay all your bills out-of-pocket, and then submit the entire batch. Rushing the process, especially during the first couple of months, can dramatically lower the settlement amount you are entitled to later.

Finally, don’t expect that the property damage and the personal injury claim will remain together during the process. The same claim adjuster may not handle them both. It makes sense from the insurance company’s perspective, as each of those requires specialized knowledge.

To avoid falling into this trap, have your information reviewed by someone who knows how this process works. Legal expertise can pay for itself many times over at the end of the claims process when you receive the compensation you deserve.

For more information about recovering damages from insurance companies from the expert attorneys at Bond Sanchez-Gordon, please contact us here or call us directly at 800.471.0314.

Recovering Property Damages After An Auto Accident

When you are involved in an auto accident, both your vehicle and your body suffer.

Often, additional property damage occurs, usually involving personal possessions inside the vehicle or surrounding property near the collision. When an auto accident produces this type of damage, you often can pursue compensation through a property damage claim.

When attempting to recover property damage expenses, it’s best to start with what it will take to get your car back in shape. You’ll want to keep records of any bills if you’re planning to get it repaired right away. Sometimes using insurance makes the most sense; sometimes it does not.

If your car suffered substantial damage, compensation for a decline in its value might be available. At a minimum, an estimate from a local auto dealer is required to determine the amount of compensation. Widely recognized third party valuation sources, such as the NADA Guide and the Kelly Blue Book, can also provide support for a claim.

Finally, if any personal items in the car at the time of the accident were damaged, you may be able to recover the current costs of those articles in a property claim. Gather any records detailing original purchases and other notes about each item to help get the most accurate compensation amount.

This kind of claim typically is handled separately from a bodily injury or wrongful death claim. As in the case of personal injury, the more complicated the application and determination of fault, the more likely reimbursement of expenses will be difficult to settle to your satisfaction.  Getting legal advice on how to manage the process of receiving all of the money owed to you can accelerate the process.

For more information about recovering property damages from the expert attorneys at Bond Sanchez-Gordon, please contact us here or call us directly at 800.471.0314.