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The Insurance Company Fixed My Car, But Who Pays for My Lost Re-Sale Value?

James Cool — Mon, 01 Jun 2009 23:06:40 GMT

So you’re involved in an auto-accident. Your vehicle is wrecked. You are injured. Perhaps you never contacted an attorney and just handled things through your and the other guy’s insurance company. The insurance company pays for your medical bills. They pay to repair your car. Maybe they even give you a little money for your pain and suffering. But you have to be wondering: “What about the damage to the value of my vehicle? It’s not worth what it used to be, it’s been in a big wreck. What will my Carfax say? How will I ever sell this thing?” If you’re asking yourself these questions, then you’re on the right track. Compensation for the reduced total value of your vehicle after collision repairs is known as a diminution of value claim. In English, that just means a claim which pays you for the reduced value of your car. Imagine two identical cars. They are the same color, make, model, interior and they have the exact same amount of mileage. They were both owned by little old ladies who only drove them to church on Sunday. The only difference between these two cars is that one was recently involved in an accident and had $5,000 worth of repairs and the other did not. Which one do you think is worth more? Obviously the car with no history of body repair. That is diminished value.

But who pays for that? The answer is the other guy’s insurance company. In many states, insurance companies draw a clever distinction between what are called first party and third party insurance claims when it comes to diminished value. A first party claim is when you make a claim against your insurance and you are at fault for the damage (think of when your 16 year old backs into a pole). A third party claim is when you file a claim with the other guy’s insurance company and they are at fault. Not all states will pay for diminished value on first party claims. But every state authorizes payment for diminished value on third party claims. In other words, if you’re in a wreck and it is someone else’s fault, their insurer needs to pay you for the reduced resale value of your vehicle.

But how do you figure out how much less your car is worth as a result of the crash? That is where collision consulting companies come in. One way is to seek out the advice of independent professionals (not the other guy’s adjustor). An example of this type of company can be found here. Another way to get a grasp on the value of your loss is to contact an attorney who handles auto accident cases regularly. These folks aren’t always experts, but they usually know people who are and have a pretty good sense of the value of a case based on their experience helping victims of auto negligence.

Most importantly, don’t let the insurance companies lie to you about diminished value claims. Take some advice from the good folks at Collision Centers (link above):

Don't believe the insurance company when they say:

"We don't pay for diminished value"
(Every insurance company pays diminished value claims)

"Diminished value isn't recognized in this state"
(Diminished value is recognized in third-party settings in every state)

"The repairs restored the vehicle to pre-loss condition, so there is no diminished value"
(It is the accident history that causes diminished value)

"There is no diminished value because the frame wasn't damaged"
(It doesn't matter if the frame/unibody was damaged -$5,000 worth of damage is $5,000 worth of damage)

Also, remember that it isn’t always the other driver who causes diminished value. Your car’s value can also be damaged by:

1.) Faulty repairs. If this happened to you, contact an attorney as soon as possible.

2.) Insurance related loss. This is where the insurance company refuses (wrongly) to authorize necessary repairs and as a result your car is damaged or unrepaired. If this happens to you, contact an attorney.

No matter what happened to you or what the insurance companies try to tell you, remember that no insurance company is your friend. You are not “in good hands” and they are not your “family” and they are most certainly not “on your side.” If you have any questions, or ever need advice related to an accident, contact an attorney who handles cases like this. For a list of good attorneys, visit: www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Terry Bowyer Killed in Alaska Motorcycle Wreck. Legal Analysis.

Ward Merdes — Wed, 11 Jun 2008 03:50:12 GMT

The Fairbanks Daily News Miner reports that Terry Bowyer, 57 of San Diego, was killed in a motorcycle wreck at mile 132 of Alaska's Dalton Hwy. It is a gravel road, and very dangerous. The report indicates that Mr. Dalton was riding with "other motorcyclists." It is very important that Mr. Bowyer's family and the other motorcyclists do the following:

1. Keep and eye on Alaska's 2 year Statute of Limitations for wrongful death. If Mr. Bowyer's family is going to bring a claim for this tragic loss, they file a lawsuit within 2 years of the wreck;

2. Alaska's Wrongful Death Statute, AS 09.55.580, provides for an array of claims in situations like this, mainly predicated on whether Mr. Bowyer had "dependents" such as children, or a spouse. It will require a competent accountant and economist to evaluate the total loss;

3. Investigate why this wreck occurred. It is imperative that the "other motorcyclists" with Mr. Bowyer help the Bowyer family understand what happened. Get their statements, ASAP. If this was a situation where Mr. Bowyer simply fell asleep, or did something stupid - that's one thing. On the other hand, if the State of Alaska contributed to this problem with bad road design, or bad road maintenance, a claim against the State (or the maintenance contractor) may exist to help the Bowyer family get back on its feet, financially;

4. Get good experts involved. Find a qualified accident reconstruction expert and consulting engineers to get to this accident scene ASAP. They need to conduct critical roadsurface analysis that will make-or-break any claims that may exist; and

5. Contact an attorney - now. Be sure that he/she understands the Johnson case that requires notice to the State (of the defect) before a claim may exist. Get maintenance logs to carry this burden. Also ask if he/she understands how AASHTO regulations apply to the State's maintenance and construction duties for the Dalton. This is critical. Ask tough questions to find the right lawyer. Find somebody you like and trust. This is important.

Just don't contact me. I am happy to advise of the general law in these situations, but I don't want to look like a vulture or ambulance chaser by suggesting that you contact my law office. I'm tired of being flamed by jerks who think it's OK for the State to ignore its maintenance duties - killing folks like Mr. Bowyer - and who think the victim's family should just sit down and take the beating. Listen to me. Call another attorney - making sure that he/she knows what they are doing with roadway defect litigation. It is a very special area of the law, and requires experience.

Finally, log onto www.SlowDownAlaska.org for valuable insights into Alaska's driving law and how to think your way through related insurance claims. It's free. (Disclaimer: My wife (Lori Merdes) built SlowDownAlaska.org - but it is still an informative and solid site for families in situations like this.)

Having lost a brother in a roadway wreck, I wish the Bowyer family well in this difficult time. Stay tough. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Escalator Catastrophe Frames Tort Reform Debate for Alaskans

James Cool — Tue, 24 Feb 2009 02:38:29 GMT

The Anchorage Daily News reports that on February 8, 2009 a three year old girl lost 3 fingers in an escalator accident at an Anchorage J.C. Penny’s department store. According to news reports, the three year old was riding the escalator by herself while her mother paid for some recently purchased items at a nearby register. While riding, the new coat the toddler carried became caught in the machinery of the escalator. Attempting to retrieve her coat, the three year old girl reached down and pulled on the coat which led to her hand being sucked into the machinery. Witnesses to the event recall a “blood curdling scream” as the little one’s hand was devoured by the steel teeth of the escalator. Normally, escalators are equipped with sensors which detect the entrance of foreign objects into the machinery. But this particular escalator was “grandfathered in” and pre-dates sensor technology. As a result, the escalator proceeded to mangle the child’s hand as emergency and store personnel rushed to her rescue. Once they arrived, store personnel were able to locate and hit the emergency off-switch which was located beyond the child’s reach. Though this stopped the machine from further injuring her hand, it did not free her from its steel clutches. According to the news report, it took 2 claw hammers and all of the strength store personnel could muster over an agonizing matter of minutes to free the toddler from the machines deadly grasp.

As a result of her encounter with the antiquated escalator, the child is expected to lose three of her fingers. Doctors are hopeful that she will be able to keep her pinky finger. The event was horrifying for more than the girl and her mother. Witnesses describe it as “terrifying” and one witness who saw the machine “sucking her hand in” has complained of nightmares following the experience. Perhaps offered as comfort to the permanently disabled girl and her family, Ron Thompson of Anchorage Building Services proclaims that “things could have been way worse.” He is most likely referring to severe additional damage to the girl’s thumb, wrist and forearm which would have resulted had store employees not rushed to hit the emergency off-switch. Mr. Thompson also warns shoppers that “"[escalators] are not a playground. They are a very serious mechanical device that can cause some major damage, and major damage very fast, very quickly." It is not clear whether such a warning was on signs where shoppers could have received this sage advice.

The young girl’s family needs to know a few things:

(1) The Statute of Limitations for personal injury claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim may go away as a result of your failure to pursue it. Sometimes, claims may survive until the victim’s 18^th birthday. For the way in which the statute of limitations will apply here it is strongly recommended that you…

(2) Contact an attorney right away. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

If comments on the various news websites are any indication, the Alaskan and national community are quite divided over this issue. Many commenters have reacted extremely aggressively and hatefully toward the mother of the injured toddler. Other folks have expressed shock and dismay at the dangerous and antiquated machinery utilized by the store. In light of the misinformation surrounding the situation there are a few basic facts everyone, especially the toddler and her mother, should be aware of:

1.) Everyone has a duty to act “reasonably under the circumstances.” What this means is a judgment call. But generally it means taking reasonable precautions to avoid risks which can be foreseen. In other words, if it is a possibility that someone might get injured in an escalator because it lacks emergency shut-off technology, then it might be reasonable to update the escalator’s technology. On the other hand, if it is foreseeable that a young child riding an escalator with a long coat might get it caught in the escalator and perhaps get injured, it may be unreasonable to let her ride it unsupervised. One of the questions which must be answered here is whether the store normally allowed toddlers to ride the escalator without supervision or with limited supervision. What is reasonable or unreasonable in a given situation depends on many different facts, most of which are not included in the news coverage of this accident. Whether the mother, the store, the escalator maintenance company, or anyone else is at fault is a question that can only be resolved after a complete and thorough investigation.

2.) Stores have insurance for situations such as this. Whether someone slips and falls on a wet floor, has a box fall on their head, or gets mangled by an escalator, large department stores maintain insurance policies to protect themselves from having to compensate injured individuals out of their bottom line. Contrary to tort reform myth, law suits are not the cause of “sky-rocketing” insurance premiums. On the contrary, the insurance industry follows the ebb and flow of the economy. Insurance is a business. They take your money and they expect to pay out on many, many claims. Where they make their money is in two ways: a.) denying claims and b.) investing. Recent studies have shown that the uptick in insurance premiums during recent years is more closely related to under-reserving by insurance companies during prime economic times and recent fluctuations in the various securities markets. In other words, insurance companies accept your premiums on the understanding that they will pay out when people are injured and you are at fault. Premiums rise, not because of “law suit abuse,” but rather because of fluctuations in the economy and poor economic practices on the part of insurance companies.

3.) J.C. Penny should absolutely install a newer, safer escalator. Dean Paul, the co-owner of Alaska Yellow Cab who heroically came to the toddler’s rescue, said it best: "you can't grandfather safety." Of course toddlers will ride the escalator. Of course children of all ages will play on them. Of course people in Alaska will be wearing and carrying long coats and scarves which may get caught in the escalator. There is no excuse other than greed for failing to install escalators which do not pose a threat to the property and limbs of their patrons.

4.) It isn’t wrong to trust a department store. It isn’t wrong to trust that they will have appropriate safety devices in their escalators, elevators and electronic doors. Department stores receive a direct benefit from your presence. You come to shop and give them your money. They advertise, sending out fliers and coupons, inviting you to come to their store and spend your money. In exchange they promise to provide you with a safe and enjoyable shopping experience. J.C. Penny is not doing you, the consumer, any favor by letting you shop there. The least they can do is make it a safe and positive experience.

5.) Just because it does not happen often, does not mean it is the child’s or her mother’s fault. Escalator accidents are rare because they are typically safe machines. Recent advances have made them even safer. However, these accidents do occur and may have occurred at the same store. The bottom line is this: had proper sensors been installed on this machine, bringing it in line with current technology, the machine would have halted once her jacket became lodged inside of it and she would perhaps have survived uninjured.

For those pointing their finger at the toddler’s mother, I ask you this: What if it was your daughter? What expectation would you have of the store’s escalator safety mechanisms? Their signage?

Originally posted at InjuryBoard by James Cool

28 year old National Guardsman Dies in Tragic Motorcycle Accident

James Cool — Mon, 01 Jun 2009 23:08:24 GMT

Fairbanks, Alaska—The Fairbanks Daily News Miner reports that 28 year old Nathan Gray of Fairbanks died last week when he lost control of his motorcycle and traveled off of the Johansen Expressway. According to reports, Gray may have been traveling in excess of 100 miles per hour when he lost control of his bike at a slight curve in the roadway. It is possible that Gray was racing another vehicle at the time of the crash, but it is unknown whether Gray’s speed, the other driver, or roadway defects were the cause of the accident.

Our thoughts and sympathies go out to Nathan’s loved ones. Any death is a tragedy, but the passing of one so young can be especially trying for the friends and family of the deceased. We wish you the best in your time of grief. As you move through the healing process, there are a few things you should know/do:

(1) As soon as possible, seek out the incident report from the Alaska State Troopers ASAP. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.) The police report will provide valuable information about the cause of the accident. If there were roadway abnormalities, those may be noted in the report. If the other driver made statements to the police, or if there were witnesses to the accident, that may also be noted in the report. Tracking down and reviewing the trooper’s report is the best way to get information about the accident quickly and is the first step in trying to determine who/what caused the accident.

(2) Consider hiring an investigator to examine the scene of the accident. The report suggests that this accident occurred on a very slight curve in the road, one which may be dangerous at high speeds. Certainly it is everyone’s responsibility to slow down and drive safely—but it is also the state’s responsibility use our tax dollars to maintain roadways and to place proper signage which warns motorists of curves and other hazards in the road which might prove dangerous at high speeds. If you don’t know anyone who does accident investigation/reconstruction, please see step three (hiring an attorney). However, you can always go out to the scene of the accident (Johansen between College and Danby) and take as many pictures as you can of the roadway and the curve from as many different angles as possible.

Once you have done this you should:

(3) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim against the city/state and also against the driver Nathan may have been racing. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

(4) Remember that the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may lose the ability to pursue it.

(5) Because Nathan has died, this is a possible wrongful death case. Any of Nathan’s dependents can file a wrongful death claim on his behalf and so can his estate if he lacks dependents. It is not clear who is and is not a dependent under Alaskan law, but it certainly includes children, spouses, parents and any other person who lived with Nathan and received support/assistance from him. A wrongful death claim will compensate Nathan’s dependents or his estate for his medical bills, property damage and funeral/burial expenses. The wrongful death claim will exist to compensate these losses, even if Nathan has no dependents. However, if Nathan does have dependents, they may also be able to bring what is known as a survivor action. A survivor action may allow Nathan’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death

Finally:

Always remember it’s critical that everyone drive safely and carefully as Alaskan roads can be very dangerous. Racing and driving extremely fast is dangerous for everyone involved. Even if you believe you can handle it or that your car is equipped for less cautious driving, remember that not everyone you may choose to race with is similarly skilled or equipped. Err on the side of caution and drive safe. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

2 Critically Injured in Wasilla Crash

James Cool — Thu, 25 Jun 2009 16:07:28 GMT

Wasilla, Alaska—The Fairbanks Daily News Miner reports that two motorists were critically injured near Mile 5 of Bogard road in Wasilla on June 1, 2009. The drivers have been identified as 41 year old Kathleen Coslow and 63 year old James Libby of Wasilla. Both drivers were immediately transported to hospitals from the scene. Both vehicles were totaled with property damaged estimated at $15,000.00. Alaska DPS reports that their investigation revealed that Ms. Coslow crossed the double yellow center line and collided with Mr. Libby’s vehicle, causing the accident.

I have searched the internet but cannot find any information on the status of the drivers. It is our sincere hope that both drivers have recovered from their injuries sustained in the crash and that no one suffers any long-term impairment as a result of the crash. However, there are a few things that the parties involved, specifically Mr. Libby and his loved ones, ought to know.

1.) The statute of limitations for personal injury cases or wrongful death cases is 2 years from the date of the accident. This means that any party has two years in which to contact an attorney and file your claim. If you wait more than two years, you may lose your claim forever. This means that even if someone else is responsible for your injuries and medical bills, they may not have to pay if you wait too long.

2.) The DPS website says that Ms. Coslow was at fault for the accident. But there may be more to the story. Any interested party should consider contacting Alaska DPS and obtaining a copy of the accident report. DPS was the first agency on scene and the observations they recorded will be critical if any lawsuits result from this accident.. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.)

3.) Either party may wish to hire an accident reconstructionist. It is possible that Ms. Coslow crossed the yellow line as a result of a road hazard or improper road design. Contacting an accident reconstructionist is the first step in determining the why behind the what happened.

4.) Remember that insurance companies are not your friends. They are not “on your side,” you are not “in good hands,” and they are most certainly not your “family.” Insurance companies are in the business of making and keeping their money. DO NOT TALK to the other driver’s insurance company. There’s no reason to. If they are calling you then….

5.) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered only as information and a whole-hearted encouragement for you to exercise your rights. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Serious auto accidents are tragedies. They dramatically impact the lives of those involved. They are stressful and altogether horrible experiences. But the misery of this is compounded by a failure to act. If you have been harmed by someone else’s negligence (just irresponsibility) you have a right to be compensated. You may have a right to have your medical bills, mileage, lost wages, and even your pain and suffering compensated. But if you don’t contact an attorney, you lose the right to be compensated for what you’ve lost. So please, if you’re not sure if you’ve been hurt or if you’re entitled to repayment for your losses, then contact an attorney who handles these types of cases.

Originally posted at InjuryBoard by James Cool

Donn Johnson Dies In Alaskan Car Crash. Here's What His Family Should Know...

Ward Merdes — Tue, 27 May 2008 02:46:53 GMT

The Peninsula Clarion reports that Donn P. Johnson, 53, of Cass Lake, Minn. was killed in a head-on collision at approximately 1700 on Saturday. The wreck occurred on Kalifornsky Beach Road and involved Elizabeth Miller, 54, of Soldotna. Ms. Miller's 2003 Honda Element apparently crossed into Johnson's lane, strikingJohnson's 2000 Hyundai head-on.

Mr. Johnson's family should be aware that it is illegal to cross the center-line in Alaska. We are not allowed to drive on the left side of a roadway. When a driver, such as Ms. Miller, crosses the center line and causes injury/death, she is legally responsible. The relevant driving regulation is 13 AAC 02.060. It provides:

13 AAC 02.060. Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

(2) when approaching within 100 feet of or traversing an intersection or railroad grade crossing unless otherwise indicated by an official traffic control device; or

(3) when the view is obstructed upon approaching within 300 feet of a bridge, viaduct, or tunnel.

The Johnson family should also be aware of AS 09.55.580, our wrongful death statute. It allows family members, dependents, to bring claims for wrongful death. And, automobile insurance is mandatory in Alaska. Once you are emotionally stable, it makes sense to bring a wrongful death claim.

They should also be aware that the decedent's OWN insurer is on the hook for Underinsured Motorist coverage. Finally, recall that the Statute of Limitations for personal injury and death in Alaska is but two years. Take action soon.

Frankly, you should call a lawyer to help you. Do it today.

Just don't call me. Whenever I write these pieces, outlining a person's legal rights and suggesting that a victimcontact a lawyer, I get flamed for being a vulture. It seems some folksprefer that victims like the Johnson family get eaten alive by insurance companies, rather than know their rights. Whatever. Just be sure to call a lawyer - any qualified Alaskan lawyer - today. I wish you well.

Originally posted at InjuryBoard by Ward Merdes

I was hurt in a car wreck. What's my claim worth?

Ward Merdes — Mon, 29 Jun 2009 02:26:29 GMT

I'm a personal injury attorney. We're asked this question every day. The phone rings. We hear about a wreck, a tragedy that changed the caller's life. We're then asked the dreaded question: "What do you think this claim is worth?" The caller then waits expectantly while we try to explain that we have don't (yet) have a clue.

Here's what's going through our minds:

1. The value of your claim depends on who was at fault:. If the "other guy" did something stupid (negligent) that hurt you, the law requires the other guy to pay your claim. Read that last sentence again: ONLY if the other guy did something stupid - and it hurt you - is the other guy responsible for paying your claim. I sometimes get calls from folks who hurt themselves - driving stupidly - and they want to know what I can do for them. The short answer is "nothing - you hurt yourself." They don't seem to grasp that tort law (personal injury law) exists to right wrongs , not to hand out money just because somebody got hurt.

2. The value of your claim depends on how badly you were hurt: If you were hurt just a little, you have a little claim. If you were hurt really badly, you have a large claim. The duration of your hurt is also a factor. How old are you? Can you expect to have problems for another 60 years (until you die) or another 10 years (if you're in your 70's). Medical records and bills must be examined by the attorney before he can give you a ballpark opinion on what your claim is worth.

3. The value of your claim depends on whether there are resources to pay your claim: Even if the other guy was negligent and you are seriously hurt, there may be no insurance or resources to pay your claim. In other words, if the other guy has no insurance, we'll have to file a claim against your own Uninsured Motorist (UM) insurance. Beyond that, you are out of luck. This is the foundation for the "deep pockets" argument. What attorney worth a hoot would advise a client to sue somebody who has no money to pay the judgment? Go ahead and scream about "only deep pockets get sued" - and the simple fact will remain that plenty of "shallow pockets" simply get away with hurting innocent folks like you.

4. The value of your claim depends on the jury: After the McDonald's "Coffee In The Lap" case - juries across America got cheap. The insurance industry profited mightily while juries gave little or nothing to injured folks just like you. This truth is the flip-side to conservatives screaming for "lawsuit reform." That "reform" means folks can run over people like you - and not be held accountable.

Finally, I need to know about you. I need to know how the injury actually affected your life. For example, if my knee was hurt in a car crash, and it took one second off my ski-time, it wouldn't amount to much of a claim. I'm a terrible skier. I scare children on the slope and (usually) end up rolling down the Bunny Hill. At the same time, what would one second be worth to an Olympic hopeful?

Or, if a wreck put a big scar on my cheek … it really wouldn't matter much. Only my mother and my wife think I'm handsome - and I suspect they'd continue deluding themselves even if I had a big scar. Yet, what if you put that same scar on Cindy Crawford or Julia Roberts? See the issue? The value of any personal injury claim depends entirely on how it affects YOU.

Originally posted at InjuryBoard by Ward Merdes

AAJ CEO Jon Haber Resigns - Missing a Good Man

Ward Merdes — Wed, 08 Apr 2009 11:53:12 GMT

The American Association for Justice's CEO Jon Haber resigned recently.

He did a great job for the AAJ. His enthusiasm and hard work will be missed. The injured, weak and downtrodden will want in his absence.

Jon, thank you for all you did.

Originally posted at InjuryBoard by Ward Merdes

Summer Means Visitors

James Cool — Sat, 18 Jul 2009 12:29:42 GMT

Summer in Alaska is beautiful. The frigid snow and ice give way to 23 hours of sunshine, relative warmth, and beautiful natural scenery. While native Alaskans spend all year earning their birthright—enjoyment of an Alaskan summer—others come to Alaska but once a year to enjoy its majestic beauty and to work a variety of seasonal jobs. If you’re a visitor to Alaska for vacation, work, or any other reason, this post is for you.

We hope that your time in Alaska is joyous, safe, and memorable. However, if you find that you’re hurt during your stay here (and remember, the roads are dangerous—even in the summer time), then you need to keep a few things in mind.

Statutes of Limitations:

For most personal injury claims in Alaska, the statute of limitations says that you have two years from the date you are hurt to pursue your claims. In other words, if you do not contact an attorney and file a lawsuit or resolve your claim with an insurance company within two years, you may forfeit your right to be compensated for any injuries you suffered here.

While different types of claims may have different time limitations (especially claims against the state or federal government) your best bet is to speak with an attorney who handles injury cases as soon as possible. If you were hurt by a government employee or agency or while on government property, be sure to see someone within six months of the date of your accident or you might lose your claim.

Auto Insurance:

Because Alaskan roads can be treacherous, Alaska has uniquely strict auto insurance laws. Unlike many states which impose a 15/30 or 25/50 mandatory auto insurance coverage requirement, Alaska has mandatory 50/100k auto insurance policy requirements (25k in property damage coverage is also required). While this makes auto insurance a little more expensive for Alaskans, it ensures that most people have adequate coverage to take care of anyone they happen to injure.

Alaska also has unique laws regarding the stacking of underinsured/uninsured motorist coverage. If you’re involved in an accident, you can recover damages from the insurance of the person responsible (the guy who hit you), underinsured benefits from policy covering the vehicle you were hit in if, and if both of those don’t compensate you fully, you can recover from any underinsured coverage on vehicles you have at home until you have exhausted all coverage. This is true even if the vehicles at home weren’t involved in the accident at all. Some insurance companies (State Farm for example) write policies for every single car. If that’s the case, there may be a phenomenal amount of insurance available to cover any injuries and damages you suffer.

As always, the best thing to do is to contact an Alaskan attorney who handles these kinds of cases in order to determine what coverage is available to compensate you.

Wrongful Death Cases

Sometimes accidents are truly catastrophic and result in deaths. If someone you love was killed in an accident in Alaska, you will need to jump through a minor hoop in order to recover for your and the deceased’s losses. Under Alaskan law, you will need to have an attorney create an estate for the deceased. Any good personal injury attorney who has handled out of state accidents before can help you do this and you needn’t worry about it apart from finding yourself an attorney who has handled cases like this before.

Final Thoughts

Alaska is God’s country. It is some of the most beautiful scenery in the world. It is also home to amazing rivers, lakes, and mountains all of with play home to amazing outdoor activities. But all of this beauty comes with a price—Alaskan roads and the activities that Alaska provides such a perfect setting for can be truly dangerous. Always utilize caution and care when driving or adventuring around Alaska. Nonetheless, accidents happen. When they do, the best advice anyone can give you is to find yourself a qualified attorney who can tell you what your rights are.

Originally posted at InjuryBoard by James Cool

19 year old U.S. Army Soldier dies in Alaska Car Wreck

James Cool — Wed, 07 Jan 2009 16:01:41 GMT

Anchorage, Alaska—The Alaska Daily News reports that 19 year old soldier Travis Foster died in a car crash on the Tok Cutoff near Anchorage on December 21, 2008. According to reports, Mr. Foster was driving north on the cutoff when, for reasons unknown, he crossed the centerline and collided with a freightliner traveling in the opposite direction. Reports do not indicate what the possible causes of the accident may have been and do not specify whether drugs or alcohol were involved.

Our hearts and condolences go out to Mr. Foster’s friends and family. We are deeply sorry for your loss. While you must undoubtedly take time to grieve and mourn Travis’ death, it is also important that you be mindful of the rights you have as Travis’ survivors. We know that the weeks immediately following the death of a loved one can seem like a daze and are often very confusing, so here’s what you need to know:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may never be able to recover for the damages associated with Travis’ death. As Travis’ successors you are able to bring a claim on his behalf to recover for damages associated with his death in the event that it was caused by the other driver’s negligence, or unsafe road conditions as a result of municipal negligence. In addition to being able to recover for the loss of Travis’ life and damage to his property, you may also be able to sue for any suffering he endured prior to his death but following the accident.

(2) You may want to investigate whether the driver of the freightliner (Ronald Auzenne of Lacey, Washinton) was on the clock at any job at the time of the accident. If he was working for someone when the collision occurred, you may be able to bring a claim against his employer(s) and their insurance company for compensation for Travis’ death and related expenses.

(3) Look into hiring a good accident re-constructionist. People do not typically cross over into the other lane of traffic without a reason. It’s possible that a flaw in the roadway’s design or a failure to properly maintain the roadway on the part of Alaskan government may be responsible for the accident. It’s also possible that the actions of another driver, one not mentioned in the article, may have caused the accident. The only way to know whether this is the case is to hire an investigator as soon as possible. If you wait too long, all the evidence needed to re-construct the accident may be gone. Feel free to contact Ward Merdes (info below) for a referral to an accident re-constructionist in Alaska.

(4) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to Mr. Foster’s family. If you would like a referral, feel free to contact Ward Merdes or try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully because icy Alaskan roads can be very dangerous. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool