How the Extent of Vehicle Damage May Impact a Car Crash Claim

man with laptop by damaged carThere are various things that can affect the value of a car crash claim. They include the type and severity of the injuries suffered, how you respond to treatment, wage loss from injuries, the insurance policy limits, and more.

One of the important factors they look at is the extent of damage to the vehicles involved in the collision. Rightly or wrongly, they assume it is unlikely for people to suffer significant injuries if the vehicle they were in sustained little damage. They are more likely to agree a victim suffered a severe injury if his or her vehicle was totaled or sustained extensive damage.

If the victim’s vehicle was totaled or severely damaged, it can be easier for the victim’s attorney to prove the victim suffered serious injuries. This may also improve your chances of recovering full compensation for your damages.

Below, we discuss how the extent of vehicle damage may impact a Minnesota car crash claim. If you have questions about taking legal action after a car accident, we are prepared to help. There are no upfront fees when you hire our services.

Schedule your free legal consultation. TSR is here to help: (612) TSR-TIME.

Vehicle Damage Can Help Indicate Fault for a Crash

The location of damage helps to show how the crash occurred. Attorneys and insurance companies can work backward from the damage location and severity to determine how fast vehicles were traveling and their position before the collision. The location of the damage may also help indicate who had the right of way.

For example, if the passenger side of your vehicle was damaged and the crash happened in an intersection, the other driver was likely turning left. In a crash like this, one of the drivers probably did not have the right of way.

If the front quarter of the at-fault driver’s vehicle was damaged and that driver was attempting to make a right turn, it may indicate the driver who was turning is at fault. This driver may have had a red light and it was not safe to make the turn.

On the other hand, the approaching driver may have had a red light while the turning driver had a green light. In this situation, the approaching driver may be at fault for running a red light.

These are just a few of the many examples of how vehicle damage can tell you things about how and why a crash happened and who may be at fault.

Vehicle Damage Helps Support the Value of Your Damages

There are many ways vehicle damage could help support the value of a claim for damages. For example, the faster cars are traveling when they collide, the more severe the damage is likely to be. The more severe the damage, the more serious the injuries are likely to be.

Severe damage often indicates who had the right of way. Severe crashes often happen when one driver violates another driver’s right of way, such as by running a red light. The driver who has the right of way often does not have much time to slow down or move out of the way. The result is likely a collision that causes a lot of damage.

Distracted driving crashes often cause severe damage because the at-fault driver may not slow down at all before the collision. He or she may not look up from his or her phone until a second or split second before impact.

Your attorney can consult vehicle crash test reports to show the type of impact that would be necessary to cause the damage your vehicle suffered. This can be strong evidence about the cause of the crash and who may be at fault. Crash test data may also indicate the types of injuries that would be likely to occur in different types of crashes.

Insurance Company Biases Related to Vehicle Damage

Insurance companies have a variety of biases that they apply to claims. For example, they often do not consider soft-tissue injuries to be that serious.

They also do not think serious injuries can result from crashes that cause relatively minor damage. The damage from a rear-end crash may not be severe – the bumper may need to be replaced and there might not be significant damage to the vehicle frame. That said, the driver may have suffered whiplash that affects him or her for months afterward and requires regular treatment.

The value of this claim could be considerable, and the insurance company may try to lowball you. They may tell you that your vehicle was not seriously damaged so you should not need the amount of compensation you are claiming.

It is important to note insurance companies are always looking for an excuse to deny or devalue a claim. Even if your crash resulted in significant vehicle damage, the insurance company may try to lowball you.

Call TSR Injury Law Today for Legal Assistance

Our firm has been recovering millions in compensation for our clients for decades. We are deeply committed to your best interests.

At TSR Injury Law, you are not a number. Our Bloomington car accident attorneys understand this is a difficult time for you, and we are here to help. We are available to answer your questions throughout the legal process.

Give us a call to learn more about our services: (612) TSR-TIME.

How Crash Damage May Be Used as Evidence of Speeding

black speedometer in carDo you think the driver who caused your crash was speeding?

Proving the other driver was speeding may be difficult without the help of an experienced attorney who has taken on these cases before. You need a lawyer who knows how to obtain evidence of speeding. For example, it may be possible to prove speeding by citing damage to both vehicles.

Victims of speeding-related crashes should consider seeking experienced legal help. The attorneys at TSR Injury Law have recovered millions in compensation on behalf of car crash victims. We have been assisting injury victims in Minnesota for more than 20 years.

What Vehicle Damage May Say About the Cause of the Crash

Rear-end crashes result in damage to the lead car’s bumper and damage to the rear car’s front end. Depending on the speed of the crash, there could also be damage to the engine block, radiator, or other things under the hood. The faster the rear car is traveling, the more likely it is to sustain significant damage from the crash.

Rear-ending another car at high speed may indicate distracted driving, as a driver who was paying attention may have been more likely to slow down sooner and avoid a crash or not hit the lead car as hard. However, it could also indicate speeding, as a car traveling at a slower speed may have been more likely to stop and avoid a collision.

This is just one example of how vehicle damage may indicate whether the at-fault driver was speeding. The collision rating for your vehicle may also indicate how fast the other vehicle was traveling when the collision occurred.

Vehicle manufacturers have collision ratings for all their vehicles. Collision ratings describe the amount of damage done based on the speed of the at-fault driver’s vehicle. When your car is taken to a repair shop to assess the value of damage, the shop will look at the damage done and link that to the appropriate collision rating. This may indicate if the other driver was traveling over the speed limit.

Your attorney may want to bring in an accident reconstruction expert, and this person may refer to vehicle damage to describe the cause of the crash. For example, if the speed limit where the crash occurred was only 25 or 35 miles per hour, and your vehicle sustained catastrophic damage, this may serve as proof the other driver was speeding.

Other Evidence to Build a Case for Speeding

Fortunately, vehicle damage is not the only form of evidence that may help your lawyer prove speeding. Other physical evidence from the scene may indicate speeding.

For example, skid marks may indicate the speed of the at-fault driver’s vehicle. Cars that were speeding are likely going to leave longer skid marks compared to cars that were not speeding. Cars that are speeding also take longer and need more room to stop compared to cars that are not speeding.

Road debris may also be indicative of speeding. The faster vehicles are traveling, the farther debris may get flung from the point where the two vehicles collided. If possible, take pictures of debris created by the crash. If you can, get pictures from many different angles, as this can better help your attorney assess the speed of the vehicles involved in the collision.

Other types of evidence that may help prove another driver was speeding includes:

  • Police reports – The police report should list traffic citations issued for the crash. The officer may also give his or her opinion as to who caused the crash and why.
  • Witness statements ­– Witnesses in other cars or pedestrians may have seen the crash. While they cannot know how fast the vehicles were traveling, he or she may be able to tell if one car looked like it was speeding. For example, if a car was weaving in and out of traffic, the driver was likely speeding.
  • Camera footage – Dashcam footage or security camera footage may be available. Your attorney may be able to use the footage to prove the other driver was speeding.                          

Call TSR Injury Law Today to Schedule a Free Consultation

Speeding continues to be one of the leading causes of car crashes, and many of these crashes result in serious injuries or fatalities. Victims and their loved ones should seek experienced legal representation, as those who hire lawyers often recover more in compensation compared to those who do not.

The initial consultation with one of our experienced Minneapolis auto accident lawyers is free of charge and there is no obligation to take legal action after this meeting.

TSR Injury Law. Millions Recovered. Call (612) TSR-TIME.