Fairbanks Alaska Statewide Personal Injury Lawyers - Insurance

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

I Was Hurt In An Accident...Who Pays My Medical Bills?

James Cool — Thu, 09 Apr 2009 03:04:40 GMT

If you were hurt in an accident, get immediate medical care. Do not delay receiving medical care until your insurance claim is settled. In fact, many insurance companies will ask that you provide receipts and proof of the treatment that you’ve received after an accident. These expenses are part of your claim, along with the cost to repair your car, rental fees, and the like. Injuries resulting from a car accident are common, and can range from minor to life-threatening. However, many injuries do not present themselves right away. So, even if you feel “fine” following a car accident, it is smart to get a check-up. You may still require medical attention in the days following an accident. Even if you have insurance coverage, you may be required to pay out-of-pocket for the medical treatment you require. If this is the case, make sure to keep track of receipts and paperwork.

One option to help with medical bills is to buy “Medical Payments” insurance (MedPay). MedPay is inexpensive, necessary and useful insurance coverage. It’s also easy to use. Most folks can add $50,000 of MedPay protection to their auto insurance package for as little as $3 extra per month, or less. The extra amount you pay will depend on how much MedPay coverage you select.

If you are then in an accident, you (and your passengers) will be able to go to any medical provider of your choice, and have that medical provider bill your insurance company directly for treatment. Additionally, you do not have to use all of your MedPay funds at the same place. Let’s say that you’re in a car accident where your head strikes the driver’s side window. The next day, you hurt in your neck. You have a bad headache and blurry vision. Your MedPay insurance covers: (1) the emergency room; (2) your family care physician; (3) your chiropractors; and (4) the neurologist. At the very least, MedPay gives you flexibility to get the medical care you need to get better. You can then take your time (watch the Statute of Limitations) to settles your insurance claim. If you are interested in MedPay, call your insurance agent.

Although you may be entitled to full compensation for all of your medical bills following an accident, it is unlikely that you’ll receive this money from an insurance company as soon as you need it. Consider protecting yourself with MedPay to cover out-of-pocket expenses, and if you need assistance with a claim or with getting compensation for your injuries, you may wish to speak with an attorney.

Originally posted at InjuryBoard by James Cool

Why You Need Uninsured Motorist Insurance

Ward Merdes — Sat, 07 Feb 2009 19:37:51 GMT

After twenty years representing people who are injured and killed in motor vehicle wrecks, I've learned a thing-or-two. The most important one - for you - is to buy the right automobile insurance. The guidelines are simple: Buy as much as you can afford. Get as much liability coverage as you can afford. Get as much Medical Payments coverage as you can afford. Get as much Uninsured / Underinsured Motorist insurance as you can afford.

The difference between weak insurance - and something that will actually help you when disaster strikes (note I said "when" and not "if") is about $100 every six months. That's right - about $100 every six months.

I recommend that you buy a minimum of $500,000 of Uninsured / Underinsured motorist coverage. Consider buying an "umbrella" automobile policy that gives you one or two million dollars worth of uninsured motorist coverage.

Alaskan roads are dangerous. Drunk drivers are crazy.

Buy all the Uninsured / Underinsured Motorist insurance you can afford.

Your family is worth it.

Originally posted at InjuryBoard by Ward Merdes