Did you
know that on average, Americans spend the equivalent of nearly one work week
stuck in traffic each year?[1] Sounds miserable doesn't
it? What can make it even worse is if
you happen to be in one of the roughly 50,600 vehicles on Utah roads each year
involved in a reported accident.[2]
Lately, it is a rare occurrence to
see a driver not on their cell phone or otherwise distracted. The more time we spend on the road, the more
likely we are to be involved in a motor vehicle accident. This is true regardless if you are a driver,
passenger, cyclist or pedestrian. So
what can you do to protect yourself?
1.
Insurance Coverage: Before an accident
ever occurs, you should look at your own insurance policy and determine whether
you have sufficient coverage. In my years of practicing personal injury law, I
have been surprised how little people know about their own policies, despite
paying the premiums each month. In Utah,
the minimum coverage you are required to have is $25,000.00 for bodily injury
or death of one person or $65,000.00 total liability for bodily injury or death
of two or more persons.[3]
Even in relatively "minor"
car accidents, the state minimum limits are frequently not enough to compensate
you for your medical bills and other damages. or another injured party. I always recommend to my clients and friends
that they increase not only their liability limits, but also their underinsured
and uninsured motorist coverage to no less than $100,000.00 per individual and
$300,000.00 per injury causing occurrence.
An even better option would be limits of $250,000.00 and $500,000.00. The cost to increase your limits is
relatively small, and protects you against negligent drivers that either don't
have insurance or only have the state minimum limits.
If your medical expenses exceed what
you collect from the other driver's policy, you are entitled to make a claim
with your own insurance under your underinsured motorist coverage policy. Usually the difference in premiums for the
increased coverage is only a few dollars per month and can make a big
difference in the long-run whether you are fully compensated for your injuries.
2.
Document Everything: If you are injured in an accident, even if
you believe the accident is only a "fender-bender," take pictures of
the scene, get the other driver's insurance information, and call the
police. This is the easiest way to
demonstrate the extent of damage to your property and convince the
liable-driver's insurance company it should accept responsibility right away. It may also protect you from being wrongfully
blamed later.
If you miss work or even your daily
work-out at the gym, document that as well.
In addition to being entitled to compensation for your medical expenses,
Utah law requires insurance companies to compensate you for your lost wages,
household expenses, and general pain and suffering. If you have a Doctor's note excusing you from
a certain number of days of work and clear documentation that shows the number
of hours you usually work per week, the insurance company is less likely to
resist paying your lost wages. If a
Doctor has restricted you from lifting more than 10 lbs. and this prevents you
from working, cleaning or other household duties, you may be able to receive
compensation for hiring the need for others to do your "essential
services," even if this is a family member that does not charge you. Moral of the story, document everything you
can as it occurs. This will ensure you
have accurate records and strengthen your case.
3.
Seek Immediate Medical Treatment and Be Consistent: Depending on the
severity of the accident, medical personnel may or may not be called to the
scene. If they do, I recommend allowing
them to evaluate your condition, even if you are not sure whether you are hurt
or not. I once had a client who declined
medical treatment at the scene because she did not think she needed
it. Later that evening she was taken to
the hospital by family due to extreme pain in her back, leaving her unable to
move. X-rays showed she actually
fractured her back. Despite medical
records demonstrating this, the insurance company repeatedly argued her failure
to get immediate treatment was a sign she was not as severely injured as we claimed.
If you believe you may be injured,
get checked out by a doctor and be consistent in whatever treatment is
prescribed. Your treatment may require
regular visits to a medical doctor, physical therapist, or chiropractor. Until such treatment is officially terminated
by the medical professional, make it a priority to attend every
appointment. Inconsistent or sporadic
treatment will cause the insurance company to significantly undervalue the
extent of your injuries.
4. The Insurance Company is Not Your Friend: Whether it is your own insurance provider or
the other driver's, once you are in an accident, the insurance company is not
your friend. Every time you talk to a
representative from an insurance company, they are recording the conversation
in hopes that the next time they speak to you, your story will slightly change
or that you will make some statement that will hurt your case.
Prior to working at Fillmore
Spencer, I worked at an insurance defense law firm. My job, whether you were our insured or not,
was to ensure the insurance company paid as little as possible for your claim. In order to do this, our company contracted
with private investigators to follow individuals who claimed to be injured and take
video surveillance. A colleague of mine
even shared an experience with me where his 5 year-old client was videotaped
riding her bike by her own insurance company.
The insurance company then claimed that because she was able to ride a
bike, she couldn't have been injured. Insurance
companies will monitor your social networking pages to see if you posted
pictures or made statements which could even slightly undermine your case. Bottom line, the insurance company is a
business and it is only successful if it takes in more money than it pays out,
and that means paying you as little as possible.
5. Filing a Claim with the Insurance Company is Not the
Same as Filing a Lawsuit: Media
outlets today commonly publish sensationalized stories meant to grab your
attention with an outrageous headline.
Often, these stories portray someone filing a supposed "frivolous
lawsuit" that makes your blood boil that someone could be so greedy. Of course, a lot of the story which may
validate the claim has been left unpublished.
Nonetheless, these types of stories leave many in the general public to
have a distaste for the legal system and lawyers generally. As a result many individuals, despite being
severely hurt as a result of another person's negligence, don't want to be
viewed as "that person," and are hesitant to even meet with an
attorney about filing a claim.
Filing a claim with an insurance
company is not the same as filing a lawsuit.
Many times your claim can be resolved without ever stepping foot into a
courtroom. Only when the insurance
company is being completely unreasonable in providing you the compensation you
are entitled to is it necessary to discuss filing suit. If you choose to negotiate with the insurance
company on your own, it is important that you are aware that Utah law requires
a suit for personal injury be filed within a certain period of time, or else
the claim may be barred. The statute of
limitations can be as short as 1 year.
6. Hire An Attorney: Many people think they can handle the insurance company on their
own. Insurance companies know that if
they can give you the run around, eventually you'll get tired of dealing with
them and accept whatever amount of money they offer, whether it is sufficient
or not. Don't allow this to happen to
you. Hire an attorney to handle your claim on your behalf. Studies show that injured people with an
attorney fare better, even when attorney fees are considered, than those who
don't have an attorney.[4]
Although some worry hiring an
attorney is just one more expense they can't afford, what most people don't
realize is attorneys typically take personal injury cases on what is called a
"contingency fee" arrangement.
That means if the attorney doesn't collect money for you, you don't owe
the attorney anything. Because of this
arrangement, it's not only in your best interest, but my best interest to get
you the maximum amount of money possible.
As a client, you are my number one priority and dealing with the
insurance company is something I not only know how to do, but actually enjoy.
If you have been injured due to
someone else's negligence allow the experienced attorneys at Fillmore Spencer
to remove the stress and burden of handling your claim so you can focus on your
recovery.[5]
[1]
http://www.theatlantic.com/business/archive/2013/02/the-american-commuter-spends-38-hours-a-year-stuck-in-traffic/272905/
[2]
http://publicsafety.utah.gov/highwaysafety/documents/overviewFactSheet2012.pdf
[3] Utah Code
§31A-22-304(1)(a) and (b).
[4]
http://www.insurance-research.org/research-publications/paying-auto-injuries-consumer-panel-survey-auto-accident-victims
[5] The information
is provided for general information purposes only and is not intended as legal
advice. Each situation is unique in its application of the law, and being
general in nature, this information may not apply to your specific case.
If you have questions about your personal injury case, you should contact an attorney
about the specific facts of your case.
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