Archive for the ‘FAQ’ Category

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What do I do when involved in a hit and run?

Saturday, June 13th, 2009

In the event of a car accident, the drivers involved are obligated to remain at the scene to exchange insurance and contact information, document the accident, and/or talk to the police. Unfortunately, there are people who will leave the scene after an accident, instead of fulfilling their legal responsibilities. If this ever happens to you, you should contact the police immediately to increase the chances of finding the guilty party. You should also contact a lawyer about your options to cover costs.

An experienced Minneapolis car accident lawyer at Terry, Slane & Ruohonen can help answer your questions on the legal aspect of car accidents. Contact 612-362-0000 for more information.

If I use my insurance, do my rates go up?

Saturday, June 13th, 2009

No, as long as you were not the at-fault party causing the collision. Minnesota law forces you to utilize your insurance to pay your bills, wage loss, and maybe uninsured motorist coverage. Since this is not optional, the legislature has created protections so that your rates cannot go up, unless you were more than 51% at fault. Sometimes the insurance underwriter’s mistakenly document a crash as your fault when it was not. Our firm will also assist in correcting these errors and retroactively get you reimbursed for any unfairly charged insurance premiums.

I did not feel pain right away, is that normal?

Saturday, June 13th, 2009

Yes. Some injuries, such as broken bones or cuts are noticeable right away. Others, such as soft tissue injuries or whiplash, may take days or weeks to become apparent. There is medical documentation explaining this phenomenon, but the easy way to explain it is if you exercise too hard on Monday, you may feel it a day or two later.

How much insurance should I have?

Saturday, June 13th, 2009

The general rule is “as much as you can afford.”  Sometimes we represent client’s without auto insurance. Their usual response is that they could not afford it. Our response is you can’t afford to NOT have it.

If you do not have auto insurance and get struck by a hit and run driver or a person without auto insurance, you have no claim at all, no matter how hurt you are. Even if the other person has coverage, you miss out on instant wage loss and medical reimbursement. You do not have the luxury of seeing any doctor you want and even if you have health insurance, you might have to repay them out of your settlement.

As personal injury attorneys, we have had the benefit of helping thousands of people. Throughout this time, we have come up with a number of helpful suggestions for people as we review their present automobile policies. Please keep in mind that these suggestions will help with future cases and are simply offered to protect you and your loved ones down the road.

In order to maximize the value of money you spend on your automobile insurance, you should check with your insurance agent and make sure you have the following coverages:

A. All persons living in your home should be listed as named insured on your policy. This will ensure they are all covered should they be involved in an accident.

B. STACKING (combining the insurance coverages on all vehicles) If you own multiple vehicles, or you and family members own multiple vehicles, make sure the polices are all with the same insurance company and have them STACKED. This will allow you to multiply your benefits for each car for a nominal price. For example, for an extra $100.00 per year in cost, you can get an additional $20,000.00 in wage loss coverage AND $20,000.00 in medical bill payments per car insured.

C. UNINSURED AND UNDERINSURED COVERAGE You should carry a minimum of $100,000.00 for uninsured and underinsured coverage. These coverages are inexpensive and protect you and your family in the event the at fault motorist does not have insurance or does not have enough to properly compensate you for injuries. A family’s worst nightmare is a tragic accident with terrible injuries and not having enough insurance to pay for the bills and other matters. This coverage is inexpensive and well worth the cost.

D. UMBRELLA POLICIES Many people decide to purchase umbrella policies. This is a large policy that provides additional coverage to your car insurance. This is a good idea, but you should make sure it also provides UM/UIM coverages. This is the coverage that protects you if you are injured by someone who has no insurance or does not have enough insurance.

E. GAP INSURANCE On most leased cars, the dealership will provide gap insurance without your request. Be sure to ask for it because it may help if you are in a crash.

Sometimes you owe more to a bank than the car is worth. Being “upside down” on your loan is common and often frustrating for the victim. Gap insurance ensures that even if you owe more than the vehicle is worth, you will not pay a penny. Since cars depreciate so quickly, it may take years for the value to catch up with the loan. Gap insurance protects you right off the lot.

How much damage is there to your vehicle?

Saturday, June 13th, 2009

Once liability is determined for a crash, the at fault party will pay for your car damage. Usually if the damage is more than 80% of the value of your car, they will simply pay you the full fair market value instead of trying to fix it. Fair market value is not clear on most cars. Blue book is not fair market value. Each insurance company utilizes a service to get a quote. Our firm will assist you in getting fair compensation for your vehicle.

How is my claim valued? What does an adjuster do?

Saturday, June 13th, 2009

Cases have different value depending on the amount of damages involved. Damages stem from medical bills, wage loss, and pain and suffering. Insurance companies evaluate claims by having a claims adjuster collect your medical records, review a police report, witness statements, and photographs to make a determination as to what type of case you have. The at-fault party will have a policy limit that is the most the insurance company will pay. The adjuster’s job is often to settle the case as cheaply as possible, so as to make a profit for the insurance company.

Different insurance companies will pay different amounts based on their experience with settlement and trial verdicts. It is important to have a law firm represent you that the insurance company respects. If they feel your attorney will not try a case, they may lowball your offer because there is no fear of a bad result.

How hurt are you?

Saturday, June 13th, 2009

Your case will be worth less if you already had the same pain in your past. We collect all prior medical records to best determine your medical history. It is easier for an insurance company to understand today’s pain if you did not have the same complaints last month. Reality is that most people have aches and pains in their past that are simply a part of living. Our firm will help compare past pain to current pain so that the insurance company will not diminish the claim.

As your case is presented to the insurance company or the jury, it is the responsibility of the attorney to explain your pain and create empathy for your suffering. An experienced attorney will also paint a picture of how these injuries affect your life and how to best compensate for them. It is easier to convince a person of pain when there has been a surgery or broken bone than if you simply have a sore body part. Nonetheless, our skilled litigators are regularly able to effectively explain typical whiplash cases so that maximum compensation is received.

Do I need a lawyer?

Saturday, June 13th, 2009

Most often, yes. Insurance companies are for-profit corporations. They hire claim adjusters to evaluate claims and most often their evaluations are low. This makes sense because the less the corporation pays out, the more profit they earn. Your interests may not be best served by dealing directly with the insurance company’s representative. You need someone to handle the paperwork, advise you which insurance requests are legitimate, make sure your bills and wage loss are promptly paid, give you the real value of your claim, and make the overall journey through the legal maze easier. In addition, surveys have shown, people with legal representation receive up to three times the compensation in settlements and awards.

Do I have to go to court?

Saturday, June 13th, 2009

Probably not. Most cases settle before a lawsuit is filed. The cases that are tried tend have liability disputes or large damages where the insurance company feels the claim is worth less. Even if a case is sued out, a judge will force mediation or arbitration where the attorneys have another chance to settle before an actual jury is selected.

Am I entitled to punitive damages?

Saturday, June 13th, 2009

Maybe. The law allows punitive damages in rare circumstances. If you can prove that a person has acted with deliberate disregard for the rights or safety of others, then you may be able to ask for punitive damages. The most common circumstance under which punitive damages are available is when the crash is caused by a drunk driver. The legislature has made punitive damages available as part of the punishment for drunk drivers.

However, even if the law allows you to ask for punitive damages, it is difficult to collect them. Generally, an insurance policy will not cover punitive damages. The policy may specifically exclude punitive damages or anything that arises out of an intentional act. It may be possible to collect punitive damages from an insurance carrier if they have acted in bad faith in settling the case. This is definitely a time that you need the help of a skilled lawyer to get the case settled.

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