In a car accident, do we claim replacement value for damages?
Question Details:We were on a highway in a construction zone. Cars had just started rolling after approximately a 30 minute wait. The traffic was stopped again after about half mile. The 18 wheeler behind us hit us at around 20 miles per hour. No brake malfunction was involved. Highway Patrol investigated and found the truck driver at fault. Our trailer was destroyed inside and out. Many personal items were lost most expensive being my hearing aids. Vacation was ended. Motels and Meals were an expense. Our pets, two dogs and a cat were extra when we went to our motels. No injuries. Much stress.
Please hire counsel on this case. All out of pocket expenses are reimbursable, as well as the value of the damages to your vehicle, lost wages, and compensation for any physical injury. An attorney worth his/her salt will be able to get you a better settlement than you can on your own.
Please, have a lawyer handle this claim for you. It sounds like a case where the question isn't whether the trucking company has to pay for your damages, it's just a case of how big a check they're going to write. An attorney can often earn their fee, and still leave you more money than you would be able to get dealing directly with the trucking company's insurance carrier.
I certainly hope you kept all the receipts for your expenses; organize all of that (and credit card statements showing the expenses, if that applies to you), your lawyer will need it.
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