Articles
Toxic Torts
The area of toxic tort law has been developing in recent years. This area of law covers many types of injuries, such as injuries due to tobacco use, lead poisoning, polluted water, contaminated structures or building materials, radiation poisoning, pesticides, injury due to defective drugs or injuries from medical devices, to name a few. These injuries are caused by various sources, from defective medications to contamination or pollution. Although the circumstances surrounding each toxic tort case may be vastly different, the legal aspects of toxic tort claims are similar: The injury must have been caused by hazardous substance and the individual or individuals who were injured must have made contact with that substance.
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How do Insurers Determine What a Car is Worth?
Insurers keep proprietary databases on car prices, similar to the Blue Book or the National Auto Dealers Association (NADA) Official Used Car Guide. The insurer's valuation of your car is mostly based on its age. So, for example, your car might be totaled if it's thirteen years old and receives only minor damage, and it might not be if it's a brand new Porsche that has been in a devastating collision. If your automobile is “totaled,” that means that it would cost more to fix your car then the car is worth. Most auto insurance contracts contain a provision that states if your car is damaged in an accident, your insurer does not have to pay you more than your vehicle is worth. So if your car is “totaled out” by your insurance company, what you will receive is a check for the value of the car. Unfortunately, this is usually not enough to replace your car or to fix the damage to your car. Additionally, if you get back your car and use the money to fix it, insurers may refuse to provide more than basic liability coverage on your vehicle since it has been deemed a total loss.
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