Fairbanks Alaska Statewide Personal Injury Lawyers

Alaska's Good Samaritan Law

Ward Merdes — Sat, 30 Jan 2010 00:11:34 GMT

Alaska's has a Good Samaritan law - found at AS 09.65.090. It limits liability (even AS 09.17.080 comparative fault) to benefit folks who are rendering emergency aid when an automobile accident occurs. Here is what the statute says:

AS 09.65.090. Civil Liability For Emergency Aid.

(a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.

***

If you are in an automobile accident - and injured while you are attempting to help another person, be aware of this law. Don't let the insurance companies bully you into thinking that any of the accident was your fault. Stand your ground. Insurance companies are notorious for blaming everybody other than their own insured. Don't let this happen to you.

Also, remember that you are required to assert your claims for personal injury within two years. If you delay, you will lose valuable legal rights. Contact a qualified personal injury attorney ASAP to help you.

Review www.SlowDownAlaska.org for more details.

Be safe out there.

- Ward Merdes

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

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

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

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

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

Wasilla Man Passes Away From Injuries Sustained in Roll-Over

James Cool — Tue, 05 May 2009 19:36:01 GMT

Palmer, Alaska—The Anchorage Daily News reports that 29 year old Joshua A. Brown has passed away from injuries sustained in a one-vehicle, roll-over accident on April 25, 2009. New information has come to light regarding the cause of the accident. The ADN reports that alcohol or prescription drugs may have been a factor in causing the roll-over.

Specifically, this post is directed to the friends and loved ones of Mr. Brown. Please know that our thoughts and prayers are with you in this time of mourning. But as you move through the grieving process, it is important for you to remember your rights:

1.) As we mentioned in an earlier post, you have the right to bring claims against the driver’s insurance policy. Please 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.

2.) Under Alaskan law, any of Joshua’s dependents can bring what is known as a survivor action. A survivor action may allow Joshua’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death. It would also allow for full recovery of medical, burial and related expenses. Finally, his dependents would be entitled to his lost future earnings, lost companionship and, potentially, their own pain and suffering at his loss.

3.) The term “dependent” is not clearly defined under Alaskan law. It would certainly include a spouse or child, but it may also include a loved one who Joshua frequently assisted or a family member or close friend who lived with Joshua. If it is unclear to you whether Joshua has dependents, we strongly encourage you to seek out a lawyer who handles these types of cases.

4.) As we stressed before, it is critical that Joshua’s dependents get the advice of an attorney. Insurance companies are not your friends, particularly not the driver’s insurance company. Even if the driver was Joshua’s close friend, you have still suffered a devastating loss and you may be legally entitled to compensation for your expenses and suffering. This is why people insure themselves—to make sure that if they make a mistake, and someone is harmed, then the people they hurt will be compensated.

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.

Originally posted at InjuryBoard by James Cool

Female Driver Seriously Injured After Being Ejected From Vehicle

James Cool — Thu, 30 Apr 2009 00:04:49 GMT

Anchorage, Alaska—The Anchorage Daily News reports that a woman was seriously injured on April 27, 2009 after she was ejected from her seat following a collision with another vehicle. The accident occurred around 8:30 p.m. when two vehicles collided at the intersection of Boundary Ave. and Muldoon Rd. Immediately following impact, the female driver was ejected from her vehicle which then careened into a nearby pole before coming to rest. She was transported to the hospital for treatment, but police stated that she was able to talk when they arrived. Fortunately, her baby traveling in the passenger seat was unharmed and remained inside the vehicle. Police have not released the name of the drivers or details about their conditions. It is not clear who or what caused the accident.

Our thoughts and prayers go out to those injured. We wish you a speedy recovery and hope that you have not suffered any lasting injury in the crash. However, once you are finished recovering you may find that you have sustained lasting injuries which deserve compensation and you will, at the very least, have medical bills that you must deal with. With that in mind, here are a few things that you should keep in mind:

(1) 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 determination of who is at fault is not always correct and is certainly not the only interpretation but figuring out what the officers at the scene saw and determined is the first step to figuring out who is at fault for the accident.

(2) You may want to hire an investigator to examine the scene of the accident. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be. It is possible that an accident investigator may discover a defect in the road/traffic light design or other maintenance problem which explains the cause of the accident. If you are not sure whether this is a good idea or not, you should contact an attorney who handles cases like this and seek their advice.

Once you have this information 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. 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.

(5) BE VERY CAREFUL TALKING TO YOUR OR ANYONE ELSE’S INSURANCE COMPANY. No insurance company is your friend. They are only concerned with their bottom line. Remember, anything you say can and will be used against you later. Contact an attorney who talks to these people for a living to make sure that your interests and assets are protected.

(6) It is not clear who is at fault for the accident, but please be aware that it may be possible to obtain compensation for your injuries, damage to your vehicle, and medical expenses from your or the other driver’s insurance company. If the other driver is uninsured or not insured enough, your own un/underinsured motorist coverage can make up the difference. Also, you will want to find out if you or the other driver have Med Pay. Med Pay is a provision in insurance policies which provides for coverage of medical expenses above and beyond the basic policy limits. Even if you don’t have auto insurance yourself, if anyone you live with and happen to be related to has med pay or under/uninsured motorist coverage on their policy, then you may be able to file a claim for coverage under your resident relative’s policy.

(7) Also, that a driver was thrown from the vehicle raises some concern. If the female driver was not wearing her seatbelt, please remember that seatbelts save lives. If she was and the seatbelt did not work, then she should definitely speak to an attorney about a possible products liability claim against the manufacturer of the seatbelt.

Always remember it’s critical that everyone drive safely and carefully as Alaskan roads can be very dangerous. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Single Vehicle Roll-Over in Palmer Injures Two Wasilla Men

James Cool — Wed, 29 Apr 2009 23:56:28 GMT

Palmer, Alaska—The Fairbanks News Miner reports that two Wasilla men were hurt after their vehicle overturned on the Old Glenn Highway in Palmer, Alaska. The driver was 23 year old Edward Domrude II and his passenger was 29 year old Joshua Brown. After the roll-over, the vehicle slid into a ditch and came to rest on its roof, trapping both men inside. After some struggle, Domrude was able to free himself from the vehicle but Brown remained trapped inside until emergency assistance arrived. Both driver and passenger were taken to the hospital to treat injuries they suffered in the crash.

Our thoughts and prayers go out to those injured. We wish you a speedy recovery and hope that you have not suffered any lasting injuries. If once you are finished recovering you find that you have lasting injuries which deserve compensation - or struggle to deal with medical bills - here are a few things that you should keep in mind:

(1) Get the incident report from the Alaska State Troopers ASAP. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.) It never hurts to have more information and the sooner you get a copy of the report, the sooner you have the information that an attorney will need to help you.

(2) Hire an investigator to examine the scene. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you collect evidence from the scene, the more valuable it will be. An accident investigator may discover a defect in the road design or other maintenance problem which explains the cause of the accident. If you are not sure whether this is a good idea or not, you should contact an attorney who handles cases like this and seek his/her advice. Most attorneys will talk to you for free.

Once you have this information you should read it carefully, think it through and:

(3) Contact an attorney if you have questions. Depending on circumstances, you may or may not have a viable claim against the city/state. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation nor 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.

Now Some Information for Mr. Brown:

(5) Please be aware that you may have claims against the driver, Mr. Domrude II. If he is insured, these claims ought to be covered by his insurance company. If he is not insured or not insured enough, then you should file a claim under your own insurance policy under the un/underinsured motorist provisions.

(6) You may have claims under the “Med Pay” provisions of your or Mr. Domrude’s insurance. Med Pay is a separate part of an insurance policy. It pays above and beyond traditional limits of liability which makes money available quickly to help you pay the medical bills you will face following the accident. Med Pay is also available to cover ongoing treatment such as physical therapy, chiropractic and massage.

(7) Even if you don’t have auto insurance yourself, if anyone in your household, related by blood or marriage, has auto insurance, you may be able to file a claim for coverage under your resident relative’s auto policy. This is HUGE.

Always remember it’s critical that everyone drive safely and carefully as Alaska roads can be very dangerous. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

What to Say...and Not Say...After an Accident

James Cool — Wed, 15 Apr 2009 13:12:56 GMT

An accident, even one in which you aren’t severely injured, can be a shocking experience. Accidents can leave your heart racing and your hands shaking. And often, while you are in this state, you’ll start to receive questions. What happened? Was it your fault? How fast were you going? Just after an accident, and as the insurance claims process progresses, many questions will come your way. It’s important to know what to say and what not to say. First off, it is common before drivers check their cars to check on the welfare of passengers and drivers of both vehicles. If someone asks you “Are you okay?” it may be best to say “I seem to be okay” if you feel alright or “I may need some medical attention, but not right now.” Overall, you want to avoid saying that you are perfectly fine. The reason for that is that many injuries sustained in an accident are masked by the shock and adrenaline that an accident can cause. Often, back and neck injuries, headaches, or numbness related to a car accident do not present themselves immediately.

Perhaps most importantly, do not apologize for anything or claim fault at the scene. Even if you are at fault, you’ll have the opportunity to apologize or explain later. However, just following the accident it is important not to expose yourself to unnecessary or undeserved liability. You may say “I’m glad that everyone is okay” or “I hope that everyone will be okay” but it is not appropriate to say “I’m sorry for not looking to my left...I could have avoided this accident.” While you may feel that you are responsible for an accident, you may be assigning fault to yourself prematurely. There are many things that you simply cannot know at that early stage – has the other driver properly cared for the car and its brakes? Were the lights functioning properly? Until you know more about the accident and have spoken with someone that can advise you in a calmer environment, you should not make statements about fault.

Just after the accident there are things that you should do and say. If you do not need medical attention, share your contact and insurance information with the other driver (or drivers). Make sure to take down the plate numbers of the other drivers, and if all will agree, you may want to get drivers’ license numbers as well. Finally, if there are witnesses on the scene, ask for their names and phone numbers. Get a brief description of what they saw. Although the police will do the same, it may be easier for you to do this than rely on the content of the police report. You also stand in a position to quickly get that information from witnesses, when their memories are still fresh. Sometimes it can take time for police to respond to an accident, especially in cases where the accidents do not involve injuries. However, you may want to obtain and review a copy of the police report before talking to your insurance company.

When you speak to your insurance company, be truthful even if you believe that you are at fault. To do otherwise could result in denial of coverage. Lying to the insurance company can constitute fraud, and often will result in more severe consequences than an accident itself. If you think you may be at fault, but you are not sure, you may say “I think I may be partially responsible” and explain. Make sure to use the police report and your recollections of the accident to help the insurance company understand the role that each driver played. Oftentimes, both legal fault and fault as assigned by the insurance company will be shared by the parties. You do not have to suggest a percentage of fault to the insurance company, but you should make sure to include facts that support your case and make sure to present a clear picture of what happened.

Finally, what you say is important – but so is who you make statements to. It is important that you only discuss the accident with your attorney, insurance company, or the police. You may also discuss the accident with a counselor if needed. However, if you choose to speak with anyone else about the accident, you should speak to your insurance company or an attorney first. (***YOUR INSURANCE COMPANY WILL TRY TO SCREW YOU BLIND IN YOUR STATEMENT IF THE OTHER DRIVER HAS NO INSURANCE … AND THIS BECOME A U/UIM CLAIM … BE CAREFUL***) Be especially careful of making statements to the representative of the other driver’s insurance company. If you receive a call or questions from the other driver’s insurance company, direct them to speak with either your attorney or your own insurance company. The person handling your claim for your insurance company can set up an interview and advise you about how to conduct yourself.

Originally posted at InjuryBoard by James Cool