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Library - Insurance
Automobile Insurance
HELPING
YOU GET PAID IN YOUR ACCIDENT CLAIMS
So you have insurance that protects you in the event of an accident.
Good. God forbid that you have to use it, but if you do, do you know
how to go about getting the full benefits of your policy? If you
have to claim against the insurance company of another person
responsible for the accident, is it wise to deal with them directly?
It is one thing to get the company to pay for car
repairs. It is quite another thing to have them pay for the medical
expenses or the loss of earnings you incurred or the pain and
suffering you underwent as a result of injuries from the accident.
Make no mistake about it. Your interests are different
from the insurance company’s. You want to get paid for the full
value of your claims. The company, on the other hand, would like to
pay you as little as possible. Below are some of our thoughts based
on over 20 years of insurance litigation practice:
1. Get immediate medical help. The most important
consideration is your health and those of your family. Paramedics
may provide emergency treatment at the scene or take you to the
nearest hospital. If not, go see your doctor for immediate medical
assistance. Musculo-skeletal injuries that usually accompany
accidents are not outwardly visible but still need medical attention
to determine the need for treatments. Some injuries, like traumatic
brain injuries, may manifest themselves at a later time. The doctors
are in a better position to know if additional diagnostic tests are
necessary.
2. Gather information. Obtain the name, driver license,
license plate, address of other driver/s at the scene, and their
insurance carriers. Get the contact information of all possible
witnesses. Take photos of the scene and the cars involved. If you
slipped and fell in a property, have someone take a photo of the
premises and the surface before it is ever altered or changed.
3. Document your injuries and damages. Were you
confined in the hospital, lying in bed for days? Were you provided
with a wheelchair or a walker to assist you in moving around the
house? Was any part of your body placed in a cast or brace? Did you
have discoloration in your skin due to bruises or lacerations? Was
it difficult for you to rise up from your chair or walk? The
photographs or video footage taken of these conditions paint a
thousand words and more than all the description anyone can provide.
They provide value to your claim.
4. Pay attention to the liens and subrogation. The fire
department, paramedics, emergency doctors, hospitals – all these
providers would need to be paid for the services they rendered.
These providers may now have an interest in any monetary payments
made to you by insurance companies and may put a lien on your
recovery.
Your health insurance may have also paid part of your
medical bills. Hence, they will assert their rights to subrogation.
Subrogation arises when an insurance company tries to recoup the
money it paid out on a claim when another party should have been
responsible for paying at least a portion of that claim. These
entities would have to be dealt with.
4) Seek experienced legal help. It pays to hire an
experienced attorney to prove liability and damages to your benefit.
Dealing with the insurance company does not only mean establishing
you were not at fault for the accident. It also means proving that
your injuries, both present and future, were caused by it. This
requires skilled investigation, gathering witnesses and documents,
and the hiring of a team of experts in the areas of physics,
engineering and medical science. Seek an attorney who has presented
these evidence and tried these cases in court. You may not have to
face these battles in court but it is important to have someone who
is prepared for it. You will realize the other side will provide
more value to your claims.
As we have said before, when it comes to insurance
claims, you do not get what you deserve. You get what you fight for!
©
Law Offices C. Joe Sayas, Jr.
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