Posts Tagged ‘car accident’

What Are The Different Types Of Diminished Value After An Automobile Accident?

Sunday, December 18th, 2011

Each year in the states an auto accident occurs every 10 seconds. This adds up to many thousands of traffic accidents annually in the United States. When a car experiences damage from a crash, the end result is a vehicle that has diminished value. What does this term mean?

Diminished Value is a term that refers to one automobile is or damaged in a crash and sustains either physical damage, cosmetic damage, or structural damage. Even if the vehicle is fixed back to what it was like when it was new and it looks great the value is still not as high as it was before the accident. The difference between what the car is worth after the accident and what it was worth before the accident is simply because of diminished value.

If you don’t believe that diminish value truly exist just try and sell your vehicle after being in an accident. Almost all states require complete disclosure of accident histories prior to being sold. Most people purchasing a vehicle want one that has never been in the crash and if it has they will not pay as much as it is should be worth.

With diminished value there are 3 types of insurance claims. These consist of the following:

1. Immediate diminished value: this refers to the difference in resale value of the vehicle because of the accident it was involved in.

2. Inherent diminished value: this refers to the loss of the market value of the vehicle from the accident. This is the most widely recognized and accepted type of diminished value.

3. Repair related diminished value: this involves the vehicles depreciated value from me the repairs that were done in a completely or improperly. This diminished value is determined by evaluating the overall repair quality was done on the vehicle.

Pretty much all states allow people to file claims for diminished value after a motor vehicle accident that was somebody else’s fault. In addition, those people who have uninsured motorist coverage can also file a diminished value claimed under their own policy. So there can be both 1st party or third-party diminished value insurance claims. 1st party refers to the individual damaging his or her own car and that person’s insurance company paying the claim. This coverage depends on what is excluded or included in the policy. Third-party insurance claims refer to the other party being at fault and the other parties insurance company paying the claim. Pretty much all states have the ability to file claims for diminished value.

Several factors determine how diminished value is calculated including the condition of the vehicle before the accident, the vehicle’s age, the undamaged value, the mileage of the vehicle, and whether or not there were previous accidents.

It can be difficult to pursue a diminished value claims by yourself. A personal injury attorney with significant experience can help dramatically in getting you the money you deserve for diminished value. Make sure to get in touch with a personal injury attorney prior to the statute of limitations expiring in your state.

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Should You Hire Both a Workers Compensation Attorney Or a Personal-Injury Lawyer After a Work Related Car Accident?

Saturday, December 17th, 2011

Many people work in jobs where they need to use an automobile while working. This automatically puts them at risk for an automobile accident while on the job. If you are involved in an accident and sustain injuries that is someone else’s fault, along with putting in for a workers compensation claim is a chance you may also be entitled to a third-party liability claim. Be cognizant oh that you are not permitted to sue either your employer or a coworker for any injuries that are job-related and incurred in the accident.

Once the auto accident on the job is sustained be certain to follow to the letter the workers compensation claim filing. You need to notify employee about the injuries sustained in writing, and then you have to go wherever your slowly decides for the initial injury care. This also entails filling out a compensation claim form that begins the claim process. Even if something else was at fault for the accident you should start the workers compensation claim process is that we can get immediate medical and compensation benefits.

As you may already know, the liability claim involving the at fault insurance company may take years for resolution. You will need to finish treatment and achieve maximum medical improvement so that you can achieve the highest settlement possible. One piece of advice is that you should work with a personal injury attorney who is also familiar with the workers compensation system in your state.

If the attorney has considerable knowledge in both workers compensation law along with personal injury, it could be possible for the workers compensation insurer to cover the medical bills rather than having to utilize the settlement monies in the personal injury case to pay for them. Otherwise this could be money being taken out of your pocket going towards those medical bills. Be sure to speak with your personal injury lawyer about whether or not your treatment should be a with the physician who is on that list from the workers compensation providers.

Make sure that you realize that with both be personal injury lawsuit along with the claimant workers compensation, the workers comp carrier is legally entitled to receive some of the monies from liability insurer. This is called a subrogation lien. It is better though to have both claims going. It’s action unusual for a person in this situation to have 2 lawyers one working on both parts of the case. In reality though it would be best to have one attorney with significant experience in both areas of law.

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Should I Wait To Heal Before Settling After Being a Victim in an Auto Accident?

Sunday, December 4th, 2011

After becoming an auto accident victim, a substantial “bite” is taken out of your existence. You will end up with potential bodily injury, auto damage, and potentially significant missed time from work. To the insurance company, it may seem like a small “bite” but to you it will definitely upset your natural baseline of the world in which you live.

The post accident existence for you will consist of physician visits, physical therapy, potentially procedures, and medical bills that continue to rise. The physical and mental injuries sustained in your accident may take years to heal.

Unfortunately you will need to deal with phone calls and estimates to body shops and auto repair centers, as well as dealing with insurance companies. Nobody would call this a fun time, and an experienced personal injury larger can help significantly with all of these issues and your case against the other party. A veteran personal-injury attorney can help recommend when would be the appropriate time to settle your case.

The question is though, do you need to wait until you are healed to seek money or is it appropriate to seek monies earlier? In reality, that is exactly what is in your best interest. Why? The problem is sometimes injuries take a while to surface, such as a long term effect of traumatic brain injury (TBI) or potentially a post-traumatic stress disorder (PTSD). Because of this, settling too soon with the insurance company may leave additional monies on the table.

If you are patient, it will help you to receive an appropriate settlement that you will not look back on with regret. This is tough to continue, especially with the significant “bite” taken out of your existence. But being patient will help you feel somewhat more whole again by being able to potentially get a higher settlement.

This is one of the reasons that the insurance company may be pushing you to settle prematurely. What you really want to do is reach a point prior to settling of what is known as “maximum medical improvement”. What exactly does this mean? This is the point in time where a doctor states that you have recovered as much is possible in the healing is complete. At that point you will understand more what your lifelong limitations will be and also how much care you will need in the future.

If you are not healed completely, there are calculations to predict future medical expenses which can be added to all of the medical expenses incurred to date. With all of that calculated, the settlement process can be initiated with more realistic figures. If you are patient enough to allow realistic settlement calculations to be accomplished, then you will have the best chance of making yourself whole again.

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After An Auto Accident, Should I File A Liability Claim?

Saturday, November 26th, 2011

With regards to your car insurance, two types exist – liability coverage and property damage. If the other party sustains injury in an accident that was your fault, then that coverage applies to the liability coverage. Most of these accidents should definitely be reported to your carrier, even if the damage was only minimal.

How can you actually know if an accident should be reported? If the crash involves no property damage and no body injury, then it may be ok not to report it to your insurance carrier. You could pay for the damage by yourself to avoid an insurance claim.

If there is any potential for injury though, the claim should be reported. Let’s say you rear end another car going about five miles per hour, you may not need to report it after speaking with the other driver. What is necessary however is to at least notify your insurance carrier about the accident.

You should explain the details of the incident, provide them the location of the accident, the other vehicle information,the other driver’s info along with that of the passengers. It may be that you pay for some minor property damage and then nothing else comes of it. However if a few months later the driver or the other vehicle’s passenger(s) does have some pain in the back, and you have notified your insurance company about the accident, you will be covered under your policy. If you have not notified them prior, the insurance company may say they are not obligated to cover you.

You should also always report any claims involving accidents with pedestrians, minors, or cyclists. Let’s say you’re backing out of your driveway and you almost hit a child riding a bicycle in the neighborhood. You don’t actually hit the child, but let’s say you hit the tire and the bike is ruined, but he’s fine. The child has no scratch at all. Even if the child and his parents apologized profusely and say the child was at fault, it should still be reported.

This could prevent any legal issues in the future by documenting it then so you have protection. You could still buy the kid a new bike because you are a nice person, but you should also let your insurance company know. They would not be obligated to defend you if you withheld it and a subsequent claim resulted.

The bottom line is you should have a low threshhold for reporting to your carrier. When it comes to liability, you can never be too careful and discussing with your carrier and notifying them of the accident can help with their need to defend you later.

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After an Auto Accident is it Possible to Develop Chronic Pain?

Friday, November 25th, 2011

There are tens of thousands of automobile accidents that occur every year in United States, and a considerable amount of the victims will end up with neck and back injuries. For most of these injuries, the pain will be short-lived and the person will be able to get back to normal activities. Typically over 90% of pain after an accident will resolve within 6 weeks.

However for an unlucky few, the pain may last for a lifetime unless proper treatment is initiated. Some of the conditions that can lead to chronic pain include:

Scar tissue and calcium deposits can lead to stiffness and pain for a lifetime.

Discs that are bulging or herniated or injured applying pressure on spinal nerves. This condition may unfortunately be chronic.

Chronic pain syndrome produced by long term muscle spasms.

Myofascial pain syndrome with trigger points. These trigger points are knotted muscles in spasm that hurt to the touch. At times, injecting a trigger point may help substantially.

Fibromyalgia, which may also result in long term pain. Typically only six percent of folks over age 30 have degenerative arthritis. According to recent research, almost 40% of car crash victims will suffer from neck or back degenerative changes leading to arthritis.

Post-traumatic arthritis – In the neck and back changes naturally occur with age. In the majority of individuals, these arthritis changes do not produce pain so they go unnoticed. In symptomatic people, the joints become inflamed and the pain can be diffuse.

When one of these painful conditions occurs after an accident with an older victim, insurance companies may try to use arthritis as a reason to avoid paying an accident claim. What the insurance company will do is to have the victims see a doctor who can then blame all the neck or back pain on arthritis and then trying get the insurance company off the hook completely by saying that that arthritis was present before the accident so therefore the pain must’ve been present before the accident.

This is inappropriate as no physician can state with certainty that the person would have developed arthritis with pain if the accident did not occur. There are plenty of folks who according to their x-rays have severe arthritis but have no pain, and would actually never end up in severe pain despite the severity.

If a person has arthritis on x-rays, that would be present prior to the crash. However, the substantial forces generated by the crash may make the condition and pain worse and tip that person into considerable discomfort.

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Top Five Fatal Accident Factors: Cars versus Trucks

Thursday, November 24th, 2011

When fatalities are involved, the factors involved in large truck accidents differ substantially from cars. It has been shown that over sixteen percent of auto accident deaths are a result of alcohol or drug influence, according to data from the Federal Motor Safety Carrier Administration. In contrast, truck accident deaths emanate from alcohol or drugs only 1.4% of the time.

This is most likely the result of truck driving being more of a professional activity, with drug testing being preventative and prevalent, whereas with cars a lot of these crashes are a result after a night of heavy alcohol drinking Truck driving is more of an employment activity, and most individuals who drive take it seriously, which means not driving after drinking.

Speeding causes the most fatal car accidents, at a 19% incidence. It also causes the most fatal truck crashes, at 7%. It takes a lot longer to stop a truck than a car given that they are traveling at the same speed. This is because of its increased weight and size, so a lot more distance is needed to avoid an accident given an adverse driving situation.

The second and 3rd most common fatality factor in truck crashes is failure to stay in one’s proper lane along with inattentiveness. This could be the result of falling asleep or potentially not paying proper attention. There are many competing potential activities while driving such as applying makeup, texting, reading, phone talking, or working on a laptop. This combines for a twelve percent incidence of trucking accident deaths due to inattentiveness or inappropriately switching lanes. Car crashes start to differ here, with over sixteen percent attributed as the cause of death.

Reasons 4 and 5 for trucking fatalities are failure to yield the right of way or obey traffic signs. This leads to over 5% of trucking fatalities and eleven percent of auto fatalities. Drivers may be in a rush and try to beat another auto through a yield sign, or just disregard obvious highway caution signs.

The underlying premise here is that outside of drugs and alcohol being seen more prominently with auto crashes, the reasons behine deadly accidents are the same. They just differ with the percentages. One conclusion is that preventive safety measures for truck and car safety overlap a lot. Measures for reducing fatalities may therefore serve a dual function.

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Would A Truck Accident Attorney Help Me?

Saturday, November 12th, 2011

When a smaller vehicle is involved in an accident with a truck, due to the size discrepancy of the vehicles, it is typically not a pretty sight. The smaller vehicle may shift into the trucks lane without realizing the proximity of the truck, or potentially no signal was placed prior to the lane change. It’s possible that it could have been the truck drivers fault. If that was in fact the case, a truck accident attorney should be notified for assistance.

Large trucks are actually more commonly involved in deadly multi-vehicl crashes than passenger vehicles. The top 5 states for fatal truck accidents include California, Texas, Florida, Georgia, and Pennsylvania.

In 2010 over 500,000 commercial vehicles and large trucks were involved in crashes. Over 100,000 individuals sustained serious injuries in these crashes, with over 5000 people dying as a result of the accident. These numbers will probably continue to rise as over 20% more trucks are expected to be on the roads within the next 2 years.

Here are some reasons for contacting a truck accident lawyer:

The driver of a truck ran you off the roadway and your automobile is damaged. If the truck driver maintains insurance, the truck driving company may accept liability and pay for your expenses directly. However, if the trucking company will not pay you or if the truck driver has no insurance, you should definitely contact an attorney to assist.

If your automobile was damaged by a truck and you have sustained injuries, this could be anything from a muscle or ligament strain or sprain to something serious such as a broken bone or something worse. You may be at risk of losing your employment and possibly the ability to work in your chosen profession. It would be in your best interest to find an experienced truck accident attorneys as you will probably want to seek legalities even if the insurance is involved.

If you are being sued by a truck driver an accident that was not your fault. This may often turn into a “he said she said” situation for which an attorney could help you tremendously. There may be a need to contact witnesses, police officers, and the insurance companies. Innoncence is your best weapon, but an attorney can help you present it in the best method.

Hopefully this problem will never become your reality, but you should happen you should maintain a low threshold for getting in touch with a truck accident lawyers. Ask your family and friends for recommendations, and then look at references. In in person meeting should be held with the prospective lawyer, and you should not agree to a meeting with a “contract runner.”

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Truck Driving Safety Tips

Friday, November 11th, 2011

In the classification of commercial motor vehicles (CMV’s), trucks range from very large oversized trucks all the way down to small straight trucks. In order to drive these CMV’s, people in the US must have a commercial driver’s license (CDL) to drive trucks over a Gross Vehicle Weight Rating.

Components of a commercial drivers license examination consists of both a general knowledge test along with a skills test. The truck driver needs to maintain expertise in backing up, stopping, turning, driving on both city and highway roads, and also weaving through an obstacle course. Commercial drivers licenses come in classes A, B, C, and only the holders of class A licenses can operate the larger trucks.

The 1st and foremost safety trip for drivers of trucks a satisfactory it is to maintain space cushion in all directions. Also be certain to keep tabs on the heights above the vehicle such as overpasses along with the road surface itself. (e.g. potholes, speed bumps, road hazards). Along with this, making sure enough forward and rear space is available for stopping is vital along with turning radiuses will enhance safety.

Looking at traffic and weather conditions prior to a driving trip may lead to safer driving. This can allow the driver to avoid inclement weather areas or a potential accident. Along with this, increased traffic may lead to bad decisions from impatient driving which may lead to an accident putting one’s truck safety at risk.

Another part of planning is pre-trip inspections. Routinely having maintenance performed will prevent potential problems with tires, axles, fluids, etc.

Driving within speed limits saves lives. After all, the National Safety Administration reported going over the speed limit as the number one reason for 2009 large truck crashes. It simply takes a lot longer to stop a truck than a car, so the safe driving cushion and lower speeds are really important.

If safe speeds are stuck with, the truck’s tires can maintain sufficient traction during a necessary quick slow down. Driving at night, on hilly or mountainous areas, on curving roads, or whenever rain is falling can make it difficult to stop safely. Total stopping distance is equal to the sum of perception distance, reaction distance, brake lag distance, and effective braking distance. Adverse weather will lengthen the total stopping distance.

Contrary to a typical car driver, those in a truck need to look much farther down the road since it takes so much longer for a truck to stop effectively. It is also not a great idea to rely blindly on GPS routes when it comes to clearance under bridges and overpasses. Just because the GPS says it is the shortest route, the top of your truck may not be so happy when it is gone.

When backing up, remember a truck is not a car. There are significant blind spots with a truck while backing up so the acronym G.O.A.L. is important – Get Out And Look. Having plenty of mirrors on a truck on each side can decrease the size of any blind spots. This may mean 3 to 5 on each side.

Adhering to these elevated safety tips may help substantially to prevent trucking accidents.

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Traffic Accident Claim-Things You Should Know

Wednesday, November 9th, 2011

The weather is not the only thing you need to worry about when driving, you need to watch the other drivers as well. You can do everything right but others on the road may not be as careful as you.

Are you confident in your ability to file a traffic accident claim if you happen to find yourself in that situation? Have you reviewed your policy lately and made sure that you have enough? Are you covered by non owners insurance if you are in a collision in a vehicle that you don’t own?

You need to know how much medical coverage you are protected with if there are injuries involved. If you happen to find yourself needing to file a traffic accident claim, you need to make sure that your car insurance is at the levels that it needs to be.

You need to make sure your insurance will cover you and your passengers as well as the others involved in the incident. If you find yourself in a wreck with someone that doesn’t have insurance then others involved in the accident could try to come after you for compensation. This could include other drivers, passengers, or pedestrians.

When you put yourself behind the wheel of a vehicle, whether it be your own or a friends, you need to make sure that you are covered in any situation. This will protect you in the long run.

Have your insurance policy where you can readily have them available to you. It is best to have your policy on your person so you still have proof of insurance even when driving a car that you don’t own.

Some information that you want to be sure to take note of if you happen to find yourself in a wreck is the name and address of all person involved and at the scene of the accident. You can use witnesses if you have to go to court to get compensation for the accident. If you are able to call people in that were at the scene to speak on your behalf then you can strengthen your traffic accident claim.

Even if you are involved in a minor fender bender you should always call the police to file a report. If no police report is filed right at the scene, the case will then become a civil matter and it will become your word against the other party involved.

A police report is one of the strongest pieces of evidence that can help you win your case if it does go to court. Don’t believe anyone that tells you they will take care of your damages or injuries and asks you not to call the police. They may decide to take you to court and make your prove your case. This will be hard to do without a police report.

Be sure that your insurance policy has enough coverage to take care of you before you find yourself filing a traffic accident claim. This will protect you and your family from insurance claims.

Before you buy motorcycle insurance you ought to know about non owners insurance and how to file a traffic accident claim.

In a Pure No Fault System, How Does It Work?

Saturday, October 29th, 2011

A lot of people don’t understand “no-fault” insurance. There are 2 requirements involved:

*Drivers are mandated to carry insurance to protect themselves

*Limitations are placed on the lawsuit ability versus opposing drivers for sustained damages

If your insurance is no-fault, the insurance carrier will pay you for damages up to policy limit amounts. This money takes place regardless of your fault in the accident (that’s why it’s called no-fault). If other drivers were involved, they would have coverage, but with their own auto insurance coverage.

In a system that is a true no-fault one, the driver or the vehicle would receive complete coverage with the insurance policy. In addition, the driver would not have the right to sue another vehicle’s driver for damages.

Currently a dozen states have a no-fault system, and interestingly, none have a pure no-fault model. These dozen have a hybrid model where standard liablity is mixed with no-fault. People can sue in certain instances, and it is a very good idea to read about your individual state system.

No-fault insurance benefits? No-fault insurance guarantees drivers medical care access right after an accident. One of the main intents with the system was to reduce the legal and administrative fees associated with insurance claims. In theory, the insurance premiums should go down in this situation.

Due to remaining liability issues as no state has in place a true no-fault mode, one’s insurance premiums do tend to go up however. Personal injury protection is one term that is used to refer to no-fault. Numerous states include varying coverages with this, but most involve injury expenses such as medical costs, funeral expenses, wages, and death benefits.

Because no state utilizes a true no-fault system, individuals may still be held responsible financially in some instances. Certain states allow individuals sue when costs reach a certain amount, while others rely on allowing to sue if certain severity standards are met.

Critics of the system argue that reckless or negligent drivers are not punished sufficiently. Also it is routinely seen that insurance premiums in no-fault states are the highest in the US. Proponents of no-fault insurance state that in areas with a high number of uninsured drivers, parties at fault are often unable to pay liability damages anyway. Also, those in favor say accidents are inevitable, so why punish those at-fault necessarily?

3 of the no-fault states permit drivers to make the decision between no-fault and traditional tort. New Jersey and Kentuck permit this decision, and if the driver does not make the decision the no-fault is assigned by default. In Pennsylvania the opposite is in effect, where the full tort option defaults.

Numerous states have changed their no-fault laws after trying it out. In the 1970′s 2 dozen states enacted laws, and and this point half repealed.

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