Greensboro Personal Injury Lawyer - Automobile Accidents - Most Commented

Uninsured Drivers: Who Are These People?

Pierce Egerton — Wed, 02 Sep 2009 12:00:53 GMT

One of the best things about being an injury lawyer is the sense of satisfaction that comes from helping a client and his or her family recover from the often crushing financial strain that accompanies a serious injury. The medical bills can be enormous and the injured person is often out of work for weeks or months. It is my job to help free families from this financial vise and I feel privileged that I have the opportunity to do such fulfilling work.

There is a sad flipside, however. Early in my career, I learned that perhaps the most unpleasant duty for an injury attorney is explaining to a seriously injured person that there is no money available to pay their medical bills or cover the income they lost as a result of the accident.

What Is An Uninsured Driver?

This situation arises most frequently in auto crash cases when the person who caused the accident was driving without a valid insurance policy. Like other states, North Carolina law requires drivers to carry liability insurance; despite these laws, as you read this, millions of people are driving our nation’s interstates and highways without valid insurance. Current estimates place the number of uninsured drivers on our roads at 15% -- that’s one in every seven motorists.

Who Are These People?

A growing number of these uninsured motorists are people hit hard by the economic downturn. These are folks who can’t make ends meet and let their insurance coverage lapse.

A lot of them, however, are among the most dangerous drivers on the road -- people whose licenses were revoked after convictions for offenses such as DWI and Careless & Reckless driving. According to government estimates from 2004, uninsured drivers are ten times more likely to have DWI convictions and six times more likely to have convictions for driving an unsafe vehicle.

Wayne Parsons posted an eye-opening piece yesterday outlining how serious the threat from drunk driving really is. What we often don’t hear about drunk driving is that innocent people are often victimized twice at the hands of the drunk driver. The victims suffer not only the horrific physical injuries inflicted in the crash, but they also suffer a devastating financial blow when the drunk driver is also uninsured.

How Do I Protect Myself and My Family From Uninsured Drivers?

As my friend Rick Shapiro wrote Monday in his blog, you can make sure your auto insurance includes Uninsured and Underinsured coverage. These types of coverage step in to make a financial recovery available to you if you are injured due to the negligence of a driver who has little or no insurance coverage. Since this coverage protects you, your family and your passengers, it is important that your policy provides high limits for these coverages.

In North Carolina and many other states you can also purchase Medical Payments coverage (also referred to as medpay) with your auto policy. This type of insurance is not a substitute for uninsured coverage. However, for most folks, it will help take some of the sting out of your medical bills.

What Else Is Being Done About This Problem?

Taking a page from their efforts to curb drunken driving, highway patrol and local police throughout the nation are setting up insurance checkpoints. Drivers are required to produce proof of car insurance. For those who can’t produce proof of insurance, the fines can be steep. In many communities, frustrated police and judges are ordering vehicle seizures, license suspensions, misdemeanor charges and even jail time in some circumstances.

Call Your Agent

Before you head out onto the interstates and highways this Labor Day weekend, make sure your auto policy covers you against the risk of being hit by an uninsured driver. Give your insurance agent a call. Ask whether you have Uninsured and Underinsured coverage and what the limits of the coverage are.

Here are the other posts in this ongoing series about interstate safety:

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why | September 01, 2009 10:30 AM

Originally posted at InjuryBoard by Pierce Egerton

Highway Cowards - Running From Decency & Responsibility

Pierce Egerton — Tue, 08 Sep 2009 20:08:33 GMT

The past week or so several of my colleagues and I have written about the perils posed by uninsured drivers. Many of the postings pointed out that uninsured drivers are more likely to be persons who’ve had their licenses revoked for various offenses such as DWI, careless and reckless, etc. In other words, uninsured drivers are often among the most dangerous on the road.

Most of our articles pointed out that the best way to protect yourself from financial loss at the hands of an uninsured driver is through the purchase of uninsured motorist coverage.

There is another deadly peril on the roads, however, that uninsured motorist insurance covers: the hit and run driver. Every year thousands of people are injured or killed in accidents caused by drivers who flee the scene. According to the San Francisco Chronicle, almost 4% of all deadly collisions in 2001 involved a hit and run driver. San Francisco Chronicle, 27 July 2003.

Unless the identity of the hit and run driver is subsequently discovered, the injured victims have no way of determining whether that driver has insurance. In effect then, the unidentified hit and run driver is also an uninsured driver.

You can insure yourself against hit and run drivers the same way you protect yourself from uninsured drivers -- by adding uninsured motorist coverage to your auto policy. Check with your agent today!

Take a look at these postings which are part of the ongoing series on interstate and highway safety.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C.(Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why | Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton | September 02, 2009 12:00 PM

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance by Wayne Parsons | September 03, 2009 4:09 PM

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?

Rick Shapiro | September 07, 2009 1:15 PM

Originally posted at InjuryBoard by Pierce Egerton

Wal-Mart Sues Disabled Women to Recoup Medical Benefits

Dan Deuterman — Mon, 24 Mar 2008 15:47:36 GMT

When Debbie Shank began working as a stock clerk at Wal-Mart, she joined the company's health and benefits plan and paid her premiums as insurance against injury or illness.

In 2000, Shank's car was rammed by a semi, and she suffered a traumatic brain injury that caused her to be permanently disabled. Her insurance kicked in and paid promptly for her medical bills -- for which Shank's family was grateful. This once vibrant wife and mother now lives in a nursing home and suffers from short-term memory loss, violent mood swings and other effects of her TBI.

Shank's injuries and disability are tragedy enough for her family. But now they're also faced with a $400,000-plus lawsuit by Wal-Mart.

Why is Wal-Mart suing a disabled former employee?

It seems that there was a clause in Shank's health plan that requires her to repay her employer in the event that she received a judgment to cover her medical care.

After her accident, Shank and her family successfully sued the trucking company and won about $477,000. That money was put in a trust for her ongoing medical care, and only about $217,000 remains. Wal-Mart has laid claim to that money, and the company is also demanding hundreds of thousands more from the disabled woman.

The retail giant won a lawsuit against Shank and her family, and the money from the trust is now frozen pending appeals. Shank's family has hopes that the Supreme Court will review the case.

A Wal-Mark spokesman expressed the company's sadness about Shank's condition but said the company had to pursue repayment out of fairness to all participants in the health plan.

It will be interesting to see what becomes of this case through the appeals process and if Wal-Mart will change its position to protect its public image now that this travesty has gotten considerable publicity.

Shank's situation should also be a cautionary tale for workers. Many people may have health plans with similar provisions and payback clauses. But I'd bet that most are unaware of the financial consequences they could face if they ever need to collect those benefits.

Clearly, Shank's judgment and the Wal-Mart benefits payout combined weren't sufficient to pay for her old medical bills and ongoing nursing home care. Now, faced with the prospect of having to pay back more than $400,000 she doesn't have, what will happen to this woman?

Shank's husband, who remains committed to his wife, recently divorced her so she could qualify for additional government benefits. Yet another sad twist in a horrible tragedy.

Originally posted at InjuryBoard by Dan Deuterman

British Woman Sentenced to Jail in Texting-While-Driving Fatality

Pierce Egerton — Mon, 02 Nov 2009 08:54:03 GMT

While awareness of the texting-while-driving epidemic is growing, the United Kingdom is one of the few countries that are aggressively prosecuting people whose texting causes tragic accidents on the roadway. The New York Times reports that Phillipa Curtis, 22, was sentenced to 21 months in a high-security prison for an act of carelessness that cost another young woman, 24 year old Victoria McBryde, her life.

Ms. McBryde’s car had broken down on the A40 motorway. She put her blinkers on, and her car was a neon yellow Fiat. The night was clear. Under normal circumstances, there was no way that Ms. Curtis could have missed her.

“The crash might once have been written off as a tragic accident. Ms. Curtis’s alcohol level was zero. But her phone, which had flown onto the road and was handed to the police by a witness, told a story that — under new British sentencing guidelines — would send its owner to jail.

In the hour before the crash, she had exchanged nearly two dozen messages with at least five friends, most concerning her encounter with a celebrity singer she had served at the restaurant where she worked.”

Prosecutors were able to prove that Ms. Curtis received a text just seconds before the tragic accident. The state is now appealing the verdict to give her an even harsher sentence.

It’s tragic that two young lives have to be ruined in such a way. Maybe American lawmakers will wake up and receive the message that texting while driving is every bit as dangerous and irresponsible as driving under the influence.

We’ve written before about the dangers of texting and driving, and the alarming results of a Car and Driver study that showed texting can impair someone’s reaction time even more than alcohol. Here’s the video of that test.

http://www.youtube.com/watch?v=fbiHwGBsRr0&feature=player_embedded

Originally posted at InjuryBoard by Pierce Egerton

3 Seconds to Greater Highway Safety

Pierce Egerton — Fri, 23 Oct 2009 16:06:59 GMT

For the past few weeks my colleagues and I have been addressing questions clients often ask. Most of our articles relate to questions have about lawsuits and the claims process. One other question I get a lot, though, has to do with vehicle safety. I get the question from clients, friends, and people I meet. The question is: “What can I do to avoid auto accidents?”

It’s a deceptively tough question. Thick books have been written on the topic. Moreover, in my practice I typically encounter people who were involved in accidents rather than those who manage to successfully avoid accidents altogether. When asked about how to avoid accidents, therefore, I usually respond by discussing some of the most common factors contributing to vehicular accidents and injuries.

Without question, following too closely is one of the most frequent causes of accidents. Some studies suggest that following too closely is a contributing factor in forty percent of all traffic accidents. In my office we speak to people every day who were hurt in accidents caused by drivers following too closely.

The authors of a 2006 study defined following too closely as “situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead he/she could not avoid a collision in the circumstance when the driver in front brakes suddenly." Dingus, T.A., Klauer, S.A., Neale, V.L., Petersen, A., Lee, S.E., and Sudweeks, J., (2006). 100-car naturalistic driving study. Phase 2: Results of the 100-car field experiment.- Interim rept. August 2001 to March 2005. Report No. DOT/HS/810-593. National Highway Traffic Safety Administration, Washington, D.C.

Many safe driving authorities recommend maintaining a minimum 3-second following distance between your vehicle and the vehicle on the road ahead of you. This rule of thumb is for passenger cars and light trucks and SUVs traveling in ideal conditions. When conditions are not ideal a greater distance is necessary.

It’s easy to determine if you are maintaining a 3-second following distance. When the rear end of the vehicle in front of you passes a sign or other stationary object, count how long it takes for the front of your vehicle to reach the same object.

Unfortunately, as a driver you have less control over the distance between your vehicle and vehicle following you. There are, however, some measures you can take when the vehicle behind you is uncomfortably close.

You should increase the distance between your vehicle and the vehicle in front of you. This will give you -- and by extension the driver behind you -- more time to respond to traffic situations that occur ahead of you.

You should also find a way to let the vehicle behind you pass. If there is more than one lane in your direction, change lanes. If you’re on a two lane road, slow down in a passing zone so that the vehicle behind you can easily pass. It may not seem fair to “reward” a tailgater. Remember, however, that the goal is to avoid being in an accident. Letting an aggressive driver get by is a small price to pay to avoid being injured or killed in a traffic accident!

This is a continuation of our series on commonly asked questions that clients ask when involved in a personal injury claim. Join Devon Glass, Wayne Parsons, Mike Bryant, Pierce Egerton, Rick Shapiro, Steve Lombardi and me for a continued discussion about questions clients often ask. The titles so far are:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

Originally posted at InjuryBoard by Pierce Egerton

The Proactive Client Asks "What Do I Do Now?"

Pierce Egerton — Fri, 25 Sep 2009 14:16:05 GMT

Occasionally I’ll meet with a potential client who is a paragon of organization. This happened twice last week: in both instances the injured person came in with a three ring binder complete with labeled tabs. Inside the binder were medical bills; information about the person’s auto coverage; pictures of the vehicle damage; estimates for the vehicle repair; and handwritten notes.

This information is quite helpful in evaluating the claim and can considerably speed up the initial work on the client’s file. Obviously, individuals who are this energetic about tending to their affairs are accustomed to dealing with personal matters in an efficient, hands-on manner. After we complete the interview and sign the necessary contracts and authorizations, I know what final question to expect, “What should I be doing now?”

It’s the right question! At my office we hand out a list of items the client should do throughout the time their claim is pending. Here are a few:

GET BETTER! The proactive client rarely delays in seeking legal representation and is probably still under medical care. Jurors and adjusters are always impressed with people who demonstrably want to recover from their injuries and get on with their lives. Two of the best ways to demonstrate a desire to recover are by conscientiously following the doctor’s instructions and keeping scheduled appointments. During your recovery, the doctor will likely ask you to be at reduced physical activity. If there are circumstances in your life that will make it hard for you to comply with part of the doctor’s instructions then say so. Most doctors are understanding people and, if possible, will modify their instructions to accommodate your needs.
Let us know how you’re doing. Give us a call and tell us about developments in your medical care. If your diagnosis changes, or if the doctor schedules you for surgery, we need to know as soon as possible. Also, if you are referred to another doctor or if you are sent out for physical therapy, x-rays, MRIs, etc., let us know. We can only obtain records and bills from the medical providers we know about.
Send us a copy of your medical bills. Yes, we will request account statements from your medical providers. However the bills you receive do not always match the information provided to us. Billing errors can cost you money; comparing account statements with bills sent to you is one way to catch errors.
Send us a copy of your EOBs. If you have a health plan we also need your EOBs. EOBs, or Explanations of Benefits, are the forms your health plan sends to you that show how much the plan paid to your medical provider and how much you were required to pay. The EOBs also show the discount that the medical provider was required to write off under the contract with your health plan. Some medical providers will not inform us of the amount of the health plan discount. This is important in North Carolina, because the law doesn’t allow medical providers to collect more from you than the contract with your health plan allows. Comparing your EOBs with medical providers’ bills saves you money!
Keep up with your expenses. An injury costs you more than just medical bills and lost income. You may be out of pocket for any number of expenses resulting from your injuries. Travel expenses to and from medical providers; bills for prescriptions and over the counter medications; payments for lawn or household work you couldn’t perform because of your injuries; these are just a few of the expenses you may encounter. Not every out of pocket loss is compensable under the law, but many are. Keeping track of these expenses helps us save you money.
Don’t stay out of work longer than your doctor advises. Jurors and adjusters have been programmed by the media to see injury scams behind every corner. You can improve your claim by making sure you have a doctor’s note for every day you miss from work because of your injury even if your employer doesn’t require one.

These are only a few of the answers to the question “What should I be doing now?” This article continues the series on practical perspectives by attorneys from around the country on common questions people ask of injury lawyers. Below is a list of my colleagues who are writing about the topic followed by a list of the articles so far.

Mike Bryant of Bradshaw & Bryant PLLC

David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan,

Pierce Egerton of Egerton & Associates P.A. in North Carolina,

Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

Wayne Parsons of Wayne Parsons Law Offices in Hawaii

Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

Series about Common Questions Clients Ask

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant| September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

Do I have a good or bad case?, Devon Glass | September 24, 2009 5:26 PM

Originally posted at InjuryBoard by Pierce Egerton

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash

Pierce Egerton — Fri, 18 Sep 2009 16:28:16 GMT

You might expect that someone who is injured in a car crash they didn’t cause might be due a bit of sympathy and respect. Guess again. Once the victim leaves the scene of the accident everything changes.

I was just rereading some of my colleague’s posts from this week containing tips for people injured in auto accidents. It struck me as implicit in each post that the victims of car accidents are almost immediately put on the defensive with respect to their claim for injuries and property damage. Counterintuitive as it may seem, I have found this to be the case as well.

If you find yourself injured in an accident, there are several steps you can take to protect yourself. The earlier articles in this series do a great job in listing many of these measures. Wayne’s post included a sort of Top 10 and Rick included a number of key points to keep in mind. As much as lawyers love to argue with each other, I can’t take issue with any of their points.

Instead, I’d like to stress the importance of identifying witnesses and promptly seeking medical care for every symptom. If I had to list the two problems that seem to torpedo otherwise strong cases the most frequently, these would be the two.

A Witness in the Hand Is Worth Two on the Street

Yesterday, my friend Devon Glass wrote about the importance of identifying witnesses and I couldn’t agree with him more. A case without a witness is quite possibly no case at all. Sure, there are times when the physical evidence is enough to indicate fault. But all too often a claim turns on the testimony of those who saw the crash. Remember, in court it is your burden to show that the other driver caused the accident. If that driver points the finger at you and no one else is available to say what happened you may not prevail.

You can help avoid this situation. If you are conscious following an accident, you will probably notice a lot of people nearby. Some of these folks may have seen the accident occur. It’s easy to assume someone will make sure appropriate witness information is noted. Not so!

Some witnesses will only stop long enough to make sure 911 has been called and to see if there is anything they can do to help. If they don’t think they are needed, they will leave even before the police arrive.

A good witness account could mean the difference between your claim being accepted or denied. If you are able, it is extremely important that you get contact information for these people. In the absence of such information, witnesses become increasingly hard or impossible to locate and interview after they leave the scene of the accident.

You also can’t count on the police to get witness information, even from those who are still at the scene when the police arrive. Sometimes the attention of the responding officer(s) is focused on other matters such as traffic control. Other times the police may feel that only one witness needs to be noted. But you can’t afford to risk your claim on just one witness when more are available.

Treatment Delayed is Compensation Denied

Another measure you can take to protect you as an accident victim sounds deceptively simple: go to the doctor, tell the doctor where it hurts!

It is important to talk to your doctor and report all of your symptoms. Many of my clients don’t go to the doctor for days or even weeks following their accident. These folks usually tell me that they were in a good deal of pain but thought they could just “ride it out.” Its only when they don’t get better that they seek medical care and call me.

By the time these folks finally go to the doctor, they have already damaged their claim for compensation. A skillful insurance attorney will use the delay between the accident and the injured person’s first visit to the doctor to imply that the person was either not seriously injured or that the injury actually occurred after the accident.

A similar problem can occur when an injured person does go the doctor shortly after a collision but fails to report all his or her symptoms. I’ve run into this problem many, many times over the years.

An example would be a person who is rear-ended at a stop light. Following the accident this person may have neck pain, back pain, a headache, dizziness and a bump on the knee. Unfortunately there is a tendency among many people to report only the two or three symptoms which seem most painful at the time. However, the most serious injury may not be one of the most painful in the hours or days immediately following the accident.

In our example, the injured person may hurt the most in the neck and back following the accident and only report those injuries to the doctor. Yet it may be that this person’s most serious injury is a tear to the cartilage in the knee. The injured person might not take the minor knee pain seriously until the back and neck pain is better. Only as the person begins to return to normal activity does he or she notice that the minor knee pain is beginning to get worse. By the time our injury victim brings up the knee pain with the doctor several weeks or more may have passed since the accident.

Take Names! Call the doctor! Tell the Doctor Where It Hurts!

So that’s the way to avoid a few of the biggest problems that can arise with your injury claim. Below are links to posts by my colleagues. They discuss these and other steps you can take to protect yourself following an accident.

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident, Devon Glass &David Mittleman of Church Wyble, PC in Lansing, Michigan

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton of Egerton & Associates P.A. in North Carolina

What would a caveman bring to meet with the lawyer?, Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons of The Parsons Law Firm in Hawaii

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care), Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

Michael Bryant of Bradshaw & Bryant PLLC in Waite Park, Minnesota will post an article on this topic tomorrow.

Originally posted at InjuryBoard by Pierce Egerton

Filing Your Bills with Your Health Insurance When You've Been Hit

Pierce Egerton — Fri, 09 Oct 2009 16:43:27 GMT

There is question I hear on a near daily basis from clients and potential clients.

Should I file my medical bills with my own health insurance?

The answer is yes. At least in North Carolina, it is always better to file your bills with your insurance. Understandably, many people are a bit confused by this proposition. So, I would like to explain.

The accident was not your fault. You want the other driver to cover all your bills. You deserve to have your bills covered, and you will. But, in the meantime, a lot of unpleasant things can take place. These things can all be avoided by simply filing your bills with your own insurance. The first priority for you after an accident should be to get your injuries treated. Many health care providers will not even begin treatment without proof of insurance. Don't play with your health. Provide your own insurance information. When the case settles, the other driver will cover the costs.

Many times, These costs will end up being smaller with insurance also.

Another thing that worries people is that they won't be able to claim bills they file with their insurance. This is not true. The law lets you claim reimbursement for your medical bills that are reasonable and necessary for your injuries -- regardless of whether your health insurance has paid. And, don't worry about losing out on money from your settlement because you had to pay it back to your insurance company. Under North Carolina law health insurance providers are not allowed to be reimbursed from a settlement.

Some people might be uncomfortable and feel they are getting money they don't deserve, but there is a reason for handling it this way. The at fault driver pays a monthly premium for just this situation. You pay monthly premiums to your health insurance for coverage. If either one wasn't forced to pay what they are obligated to, even though it has already been paid by one of them, the other would be "getting off the hook" even though they were paid to provide that coverage. So, in order to make it fair, they both have to pay. Lawmakers have decided that it is only fair and the victim reaps the benefit.

Another reason to file is simply the length of time it can take to settle a claim. Auto insurance companies usually understand that payment won't come until the claim is settled, and will work with you on repayment. It's part of their job. Without using your health insurance, your medical bills could pile up for months or years, ruining your credit and causing you tremendous stress. Why go through all that when it can be easily avoided?

Keep in mind that many health plans are not true health insurance. If you have one of these plans, or if you are not sure whether you have true health insurance, consult a lawyer about what effect payments by your plan will have on your injury recovery.

Remember, you have a right to get well. Use all the tools available to you to make sure that happens as quickly and effectively as possible.

This article is part of the series by my colleagues. Check out these great articles!

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi, September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder,Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Pierce Egerton

Street Signs: When a Driver's View is Obstructed, Who is to Blame?

Lawrence Egerton — Tue, 29 Sep 2009 12:17:28 GMT

Road signs are vital to maintaining safe roadways. Without them the streets would be a chaotic and dangerous place. So whose fault is it when your view of those signs is completely blocked? This is the exact question raised by a case we took this week.

Our driver entered an intersection and was suddenly t-boned by another car. It turns out that she had driven through a stop sign, but did not find that out until she was told about it at the hospital by the investigating officer. He also told her this made her "at fault". This news was quite a shock to her, since she was unaware that there had been any stop sign at that intersection.

Why? Because it was completely obscured by a large parked truck. She also had the unfortunate circumstance of having her view down the cross street blocked by a large brick building, making it impossible to see the oncoming car either. Having never traveled this street before, our client had no way of knowing about the stop sign. She became a victim of the exact situation the sign was put there to avoid.

This case raises several questions. Was our driver at fault here? I don't think so. Our office takes the position that the accident was caused by the truck driver whose parked truck blocked the view of the stop sign. We are also considering the possibility that the city is liable for failing to designate the area in front of the sign a "no parking zone" as is common at many intersections served by stop signs, to avoid situations exactly such as this. What could our client have done to avoid the accident? I don't think she could have done anything.

As you can see from the photos, there was really no indication that any stop sign existed, or that cross traffic had the right of way. We'll let you know what happens.

Originally posted at InjuryBoard by Lawrence Egerton

July is Deadliest Month for Children in Hot Cars: Eighteen children have died in hot cars so far this year, most in the Southeast

Pierce Egerton — Sat, 11 Jul 2009 12:15:48 GMT

In the time it takes to run into the store and grab some milk, stand in line at the post office or go inside to pay for gas - in just 10 minutes - the temperature inside a car can rise 19 degrees. When summer temperatures are in the 90s, that means the temperature in a car will be more than 109 degrees in a matter of minutes.

According to the State Fire Marshal, since 1998, at least 432 children in the United States died of hyperthermia after being left unattended in a vehicle. Since 1999, approximately 18 children in North Carolina have died from heat exposure after being left unattended - including one earlier this year.

"The death of a child in a hot car is a tragedy that is totally preventable," said State Health Director Dr. Jeff Engel. "The air inside a car can heat up very quickly. Heat stroke occurs when a person's temperature reaches 104 degrees; 107 degrees is considered lethal. Heat is much more dangerous to children than to adults.”

"When left in a hot vehicle, a young child's temperature may increase as much as five times faster than an adult's body temperature."

Follow these tips to protect your kids this summer:

Never leave a child alone in a vehicle.
When parking your vehicle at home, always lock car doors and trunks, and keep keys out of children's reach. Teach children that cars are not places to play.
Watch children closely around cars, particularly when loading and unloading. Make sure that all children leave the vehicle with you when you reach your destination. Don't forget sleeping infants.
Busy parents have a lot on their minds, so give yourself a reminder. Place your purse, briefcase or other important items in the backseat next to your child's car seat so you have to look in the back before leaving the car. As an alternative, keep a stuffed toy in your child's car seat. When you put your child in the seat, move the toy up front as a reminder.
If you see a child or pet left unattended in a vehicle, call 911 immediately.

Originally posted at InjuryBoard by Pierce Egerton