Car Accident Lawyer » Insurance Coverage

Four Helpful Tips to File an Accident Compensation Claim

admin — Tue, 02 Feb 2010 14:52:57 +0000

If you are injured in a road accident, you can claim compensation as damages for the suffering caused to you. The amount of accident compensation is determined by the extent of the injuries you suffered. However, failure to comply with the required procedures, or to submit the required evidence to prove your loss, may cause your claim to fail.

Here are four tips to help you file your accident compensation claim:

Ensure that your injury is documented.

An important reason why your accident claim could get rejected is because you have not submitted the required medical records to substantiate your injury. It is important that you visit a doctor immediately to get your injury examined. Adequate medical documentation is important to establish the exact nature of your injury for the claim.

Classify your claim correctly.

You are entitled to claim accident compensation under various heads such as ‘general damages’, ‘pain and suffering’, ‘loss of amenity’, ’special damages’ and others. You can make your claim more effective by filing it under the most relevant category or categories, as the case maybe.

Contact the Motor Insurers’ Bureau (MIB).

If you are injured in a hit-and-run accident, where the driver has driven away after causing the accident, you need to file for accident compensation with the MIB. This is also true if you have been injured by an uninsured driver.

Seek professional legal help.

If you have opted for legal insurance option as part of your car’s insurance coverage, you will probably already have a lawyer to help you file your claim. If you didn’t opt for this option, don’t worry. You can hire a lawyer experienced in accident compensation to file your claim. Remember to insist on a no win, no fee contract. According to this, your lawyer gets paid his fees only if you win – what’s more, he can recover the fees from the insurance company. This ensures that you will not have to pay anything.

By: Diana Joseph

FAQ’s About Motorcycle Accidents and Answers from Michigan Motorcycle Accident Lawyers

admin — Wed, 27 Jan 2010 23:24:31 +0000

Question: At the time of my Michigan motorcycle accident, I did not have insurance on my motorcycle. Can I still sue the driver who hit me?

Answer: Yes. Michigan law treats motorcyclists differently than individuals driving their own cars without insurance. Thus, an injured motorcyclist, who did not have insurance on his or her bike, may bring a lawsuit against the careless driver who caused the Michigan motorcycle accident.

Question: What is Uninsured Motorist Coverage?

Answer: Uninsured Motorist Coverage is an insurance coverage option that may allow you to recover damages from your own insurance policy, when an at-fault driver did not have insurance or cannot be identified (i.e. hit and run driver). It is a wise idea to carry uninsured coverage, to protect yourself in case you are in this situation when you are in a Michigan motorcycle accident.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

Answer: Yes. Underinsured coverage provides an additional means of collecting damages, if you are seriously injured in an accident. It is different than uninsured coverage, which is available when there was no identifiable insurance on an at-fault vehicle. For example, if you carried a policy of $100,000 underinsured coverage and the at-fault driver had a $20,000 liability insurance policy, you could seek up to $80,000 in additional damages from your own insurance company. This applies only after your attorney secures a tender offer of the underlying policy of insurance. As you can see, these claims are complicated and must be handled carefully.

An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of your Michigan motorcycle accident claim could deprive you of the right to collect uninsured coverage.

Question: The driver who caused the Michigan motorcycle accident did not have insurance. I did not carry uninsured motorist coverage on my motorcycle, but have it in my motorcycle insurance policy. Can I make a claim for damages I suffered in the Michigan motorcycle accident through my motorcycle insurance?

Answer: Maybe. Your eligibility for uninsured coverage may depend on the specific wording of your Michigan motorcycle insurance policy. You should contact a Michigan motorcycle accident lawyer for help determining what your insurance policy covers.

If you or a loved one was seriously injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

By: Marya Sieminski

Truck Accidents Explained

admin — Sat, 16 Jan 2010 08:59:15 +0000

Trucks are one of the biggest types of automobiles that you can see on the road and there have been lots of truck accidents reported in the past. You could easily imagine how much damage an accident involving a truck could cause. If your vehicle will get hit by a truck, you can expect that you will have to deal with a very serious issue. You will need good lawyers who will make sure that you will get what you should like the amount that will cover the cost of your car’s repair and medical treatments in case you got injured due to the accident.

Law firms have highly qualified lawyers who can deal with this kind of problem in an excellent way. The lawyers have acquired skills and knowledge from education, training, and from lots of experience in the past. The attorneys are more than just a law firm; they will be your friend who will look after your welfare and best interest. The lawyers will fight for your rights and make sure that you’ll get compensated for all the injuries and the damages.

In most cases, accidents involving trucks are caused by negligence on the truck driver’s part. They are well-trained and they know all the truck-driving rules but sometimes, they just become too reckless without ever thinking of the result or the consequences. They are also aware of the laws and regulations set by the government but they sometimes don’t give much importance to these due to a variety of reasons. Once a truck gets involved in an accident, the process of filing a claim for insurance is usually more difficult and complicated compared to a regular car or vehicle.

There are many factors that will affect the insurance coverage and if you are not very familiar with the terms and conditions of these insurance companies regarding truck accidents and the type of coverage they offer for trucks, you will find yourself in a very difficult situation. In case this ever happens to you or to a member of your family, the first thing you should do is to hire lawyers who can expertly handle truck accident cases.

The attorneys will pursue your case on your behalf and they will do their best to achieve results that will be in your favor. The lawyers will investigate the whole accident carefully to get the slightest details to the most important ones. This way, they could represent your case better and you will get what’s due. The lawyers are well-informed about the rules and regulations set by the state governing these accidents so they already know what to do. They will personally get in touch with you so you can talk to them about your concerns and they will do their best to resolve any issues.

By: Sanjana Antony

Increase Your Oklahoma Car Wreck Settlement

admin — Sat, 16 Jan 2010 06:34:52 +0000

Oklahoma Car Accident Victims – Why You Need an Attorney

If you or someone you love has been involved in a car accident, you unfortunately have a lot to deal with on your road to recovery in every way. As is the case with many car accidents, you are probably dealing with physical injuries, emotional trauma, pain and suffering and you face a mounting pile of bills. These bills can be related to your medical care, even if you have insurance coverage and to your automobile, as we are a society that needs our cars to get around, which needs that it either needs to be repaired or replaced.

When faced with this situation, the last thing you should do is attempt to handle it yourself. There are many reasons for this reality which will be discussed below, but the bottom line is that if you or someone you love has suffered through this experience, you need the help of an experienced Oklahoma car accident attorney to make sure that your rights are enforced properly.

Below are a few reasons why you need an attorney to help you through the aftermath of an auto accident:

Reason One – Knowledge

An auto accident attorney who has handled several of these cases will have a full understanding of the law that applies to this situation, to the evidence that may or may not be admissible if the matter must go to trial, and how to deal with the opposite party. Many times, understanding the power of the evidence that will work in your favor can be a factor in coming to a settlement, but only if the other party understands that you have someone working with you who knows this as well.

Reason Two – Negotiating Skill

Before an auto accident case goes to trial, there is almost always a period where the two parties negotiate a settlement to the matter. However, again, you should not attempt to handle this situation yourself, as the other party’s insurance company will doubtlessly employ a team of defense attorney whose mission is simply to limit the amount of liability and pay-out that their client will incur.

Therefore, you need an Oklahoma injury lawyer who will be able to cut through the red tape that’s often in place because of the defense attorneys, and he or she will also be able to pierce through the unfortunate ‘runaround’ that is part of many defense positions. Simply put, an auto accident attorney will likely be able to move towards a solution in a shorter amount of time and also able to negotiate a settlement amount that’s fair for you.

Your Next Step

Finally, as you see, you basically have two choices when you’ve been victimized by an auto accident – attempt to handle the matter yourself and be forced to learn an entirely new language known as ‘legalese’ or retain an auto accident attorney who already has years of training and experience in this regard to handle this situation for you. The defendants will also understand this difference, which is why you need to contact an auto accident attorney as soon as possible to get the process of evaluating and enforcing your rights started.

By: Andrew Sarski

Car Accident Attorney

admin — Wed, 09 Dec 2009 11:56:30 +0000

Accidents occurring as a result of car mishaps or collisions are some of the highest at the present time. In some parts of the world, it stands as the leading cause of death. It is an agreeable fact, that it becomes very difficult to maintain a vehicle at a 100% efficiency level while driving. Aside the physical injury one suffers due to accidents, there are several other loses one may not be able to run away from.

For instance, many are those have suffered certain psychological traumas that have even led to certain phobic tendencies against the use of vehicles. The monitory investments you make on your vehicle can be destroyed in a flush. Therefore, in an unfortunate event of an accident, you would certainly need the services of car accident attorney for a number of reasons.

In the first place, an experienced attorney in this field will be able to assess the cause of the accident and determine the responsible person. Some of the causes of accidents could be as a result of drunk-driving, beating traffic, flat tire and the like. Getting hold of enough information, the hired lawyer will be able to determine the liability. However, a good attorney should be able to stand for any litigation and negotiation on your behalf.

The next thing your car accident attorney should do is to resolve the issue related with insurance. The hired attorney lawyer will be able to file an insurance claim for you. In as much is it is a requirement that every driver has an insurance coverage, there are many drivers who neglect this requirement. This is where your attorney can provide you immense assistance. The documentation and other technicalities would best be handled by them to ensure your success in the case.

Moreover, your car accident attorney will also be needed for settlement. They have the knowledge and skill to handle negotiations for a possible settlement outside the court without compromising on a deserving amount for compensation. Psychologically, the opposing party would be more willing to comply on the negotiation table, thus your attorney requires being proficient enough to get you most out of the compensation.

In the event that your third party is proving difficulty, your car accident attorney would appear very handy. The problem creating third party could be the driver, the insurance company, or simply the settlement. A lawsuit would be filed against them on your behalf by your attorney. Seek their services whenever the need arises!

By: Mert Ozge

Auto Accidents Comparative Fault – Is a Lawyer Needed?

admin — Wed, 09 Dec 2009 10:58:59 +0000

Even in a perfect world, car accidents do happen. Even if they don’t result in loss of life or injury, there are still other consequences. There’s still the matter of getting car fixed, for example, and the time you have to spend getting it fixed, all of which can affect your income.

Knowledge is power, so let me give you advice on how to best manage when involved in an auto accident. After the incident, compensation is always an important concern for the parties involved. Whether it’s repair costs, hospital bills, or any other form of compensation, that’s always an issue in every situation. Insurance companies are usually willing to cover for these costs, but in order to find the appropriate amount entitled to the insured, fault has to be established.

In assigning fault, the question is about the degree of responsibility. The insurance paid out depends on how much at fault each of the two (or more) parties involved are. The insurance companies will send out claims adjusters, who study the situation, and based on their findings, fault to the parties, with a percent value known as “comparative fault.” Some states calculate insurance coverage by “pure comparative fault.” With pure comparative fault, your degree of responsibility is deducted from your claim. If you are found to be 20 percent responsible for the accident, then twenty percent is also deducted from your claim.

Here in San Antonio, we have “proportional comparative fault-” meaning, you get your full claim from insurance provided you aren’t responsible for a certain percent of the accident. The state of Texas sets the bar at 51 percent- you get the full amount from your insurance company, provided you were found to be 51 percent or less responsible. If not, your insurance company will not consider you entitled to compensation.

So to make sure you get as much as possible from your insurance claim, you should think about hiring San Antonio auto accident lawyers. A skilled auto accident attorney can help you in assessing the situation, and can speak on your behalf to the insurance claims adjuster. San Antonio auto accident lawyers have knowledge of the local laws and insurance policies, and can not only assist in negotiations with a claims adjuster, but also give you advice in court if it comes to that.

How else can an auto accident lawyer help you? Besides being your representative in court and negotiations with the insurance company, San Antonio auto accident lawyers can also use their experience to assist your efforts.. An auto accident attorney in San Antonio can gather favorable evidence such as police reports, or medical evidence, or interview potential witnesses whose testimony may help you in a court of law. They can assess your legal situation, draft letters, and can look out for your interests if there are any disputes.

Do you need a lawyer after every accident? A lawyer is really required only in certain situations. If, for example, there has been a death or injury, then having an attorney will be important. If there’s some kind of problem involving a dispute, of if you feel you are being treated unfairly by your insurance company, you’ll probably need professional advice. Having San Antonio lawyers that specialize in auto accidents with you is to your advantage, and they can certainly ease the burden while you go through a difficult period after an accident.

By: Tom S Powers

Important Documents Needed By Lawyers in Auto Accident Cases

admin — Tue, 01 Dec 2009 01:25:35 +0000

After being involved in an auto accident and getting legal representation, there will be certain documents that you have to present to your lawyer for a better evaluation of your case.

Here is a list of important documents that you need to secure:

1. Insurance policy – A copy of your insurance policy will help your lawyer determine what type of insurance coverage you may be entitled to.

2. Proof of Premium Payments – These statement, bills, or receipts will show your periodical remittance of premium payments to your insurance company. This is evidence that will help prove that the policy is in force and is paid up.

3. Information Exchanged at the Accident Scene – You must give your lawyer all information exchanged between parties to an accident while at the scene. This includes names and contact numbers.

4. Police Information on the Accident – Provide your lawyer with a copy of the accident report drafted by police. This information contains important details in the accident including the on-scene officer’s initial impression and the diagram of cars and pedestrians at the time of the accident.

5. Tickets Related to the Incident – If you were issued a citation ticket related to the accident, give your attorney a copy of the ticket. This will inform him of the violation made.

6. Photographs – If your car was damaged in the accident and you have taken pictures of it, you have to show them to your lawyer. If you do not have a photograph, your lawyer can help you obtain a copy from the insurance company.

7. Statements Made to the Insurance Company – If you get involved in a car accident, a representative of your insurance company may have contacted you to get your statement about the accident. However, once you hire a lawyer, you are not obliged to give a statement to your insurance company. In any case, provide your lawyer a copy of this statement or inform him if you have given a statement to your insurance company.

8. Medical/ Psychological Records – Provide your lawyer all the medical records of your injuries and treatment made, and as much as necessary the psychological and psychiatric treatment you received, including the names and addresses of your health providers.

9. Income/ Pay Records – Give your lawyer a proof of your pre-accident earnings to help him calculate for “lost wages” compensation.

These important documents will help your lawyer obtain compensation for the damages you received as a result of the accident. To assist you better in your claim, a personal injury attorney who specializes in auto accidents can improve your chances of getting the compensation you deserved.

By: Manuel Salvacion