QUESTION

can electronic devices lost in an auto injury accident be claimed?

Asked on Nov 14th, 2013 on Automobile Accidents - Indiana
More details to this question:
Injured driver was taken to hospital. Totaled car was sent to Sherriff's secure holding lot. Items in car at time of accident not there when access to car was later possible. Items valued at $785.00
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1 ANSWER

If the injured driver has proof that the electronic devices were in the damaged vehicle at the time of the accident as well as proof of ownership, then he or she can most certainly claim these items as damages.  It doesn't mean that the insurance company handling the claim will value these items according to the methodology you may have used, but some compensation is in store.  I just recently helped one of my injured clients resolve his property damage claim, which included the destruction of his Samsung Galaxy.  It helped that the damaged phone was retrieved from the totaled vehicle in this case prior to the vehicle being removed from the lot for an appraisal, so that we had concrete evidence to present to the at-fault driver's insurance carrier.  Anonymous, I would ask the Sheriff's lot to verify which items were removed or retrieved from the damaged vehicle after it was delivered to the lot.   Those belongings may not be lost for good.  If it turns out the electronics cannot be located, request an affidavit of loss from the insurance company to complete related to each unique tangible item that was within the car when it was involved in the wreck.  I hope the injured driver is making a good physical recovery from this incident.  A competent Indiana injury lawyer can fight for fair compensation from the responsible party for causing the collision.  If the injured driver would care to speak about what rights to money damages might be available, my office would be happy to review the circumstances of this unfortunate event.  Good luck to you,Lance R. Ladendorf, Esq.
Answered on Nov 14th, 2013 at 10:35 PM

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