Category: Blog

The short answer is no—but that’s not a bad thing.

If you’re injured because of someone else’s careless or reckless behavior, that person’s liability insurance will cover your medical expenses. However, the claims process does take time, and it’s very unlikely that you’ll see a settlement before you seek medical treatment for your injuries.That said,you should never delay treatment while you wait for insurance to pay.

Liability policies don’t pay bills as they come in, but a lump sum for all your covered losses. It takes time to determine how much your injuries will cost you, and you don’t want to settle for less than the maximum amount to which you’re entitled.

You can use your own health insurance for all your medical needs; your insurance company will be reimbursed by the liability insurance when your case is settled. If you lack insurance or have a high deductible you are unable to pay, your personal injury lawyer can issue a letter of protection to a medical facility to treat you. This is a document guaranteeing the medical facility that they will be paid out of the settlement proceeds once your case is settled.

Please—never delay treatment after an injury. It can cost you your health, and in some instances, it can hurt your case. Contact a personal injury lawyer for guidance. We can help.

Rather than wait a year or more to bring your personal injury case before a judge in court, you may decide—or in some cases be required—to settle your case through arbitration. This can often result in a faster resolution at less cost. Here’s what to expect.

The Arbitration Presentations

At arbitration, you and a representative—usually an attorney—from the insurance company will sit across from one another at a conference table. The arbitrator will sit at the head of the table. You’ll each have the option of making an opening statement.

As the petitioner, you’ll present your case first. When you have finished, the insurance company representative will present his or her evidence. Each of you has the option to ask questions at the conclusion of the opposing side’s presentation.

You have the right to review any documentation the insurance company’s lawyer presents. If anything he or she says or submits as evidence is unclear to you, be sure to ask for clarification at the end of the presentation.

The Value of Having Legal Representation

If this sounds a bit intimidating, that’s because it may be. Unless you’re a lawyer or a student of law, you’re probably going to find yourself at a disadvantage when you’re in arbitration with an insurance company representative. The insurance company’s representative will have spent years studying and practicing personal injury law, and will possess knowledge and experience you’re not likely to have.

For this reason, having an experienced personal injury lawyer to speak for you during the arbitration process will most likely result in a better outcome for you. The task of the insurance company’s representative is to minimize the settlement amount. You’ll be at an advantage if you have your own legal representation to counter that of the insurance company.

Just as in a court setting, your attorney will advocate for you and ensure every nuance of your side of the story is heard during arbitration.

In a typical car accident, it’s pretty clear who pays for damages. New York’s no-fault insurance laws are specific and reasonably easy to understand. But what if you’re test-driving a vehicle at a dealership, or if a dealership employee is driving your car while it’s in for repairs?

Test Driving a Dealer-Owned Vehicle

Dealerships carry insurance to cover the cars on their lot. If you should get into a crash while on a test drive, their insurance policy should pay for any injuries. You may be responsible for a deductible amount, and may choose to make a claim with your insurance company to cover that figure.

If your injuries are severe, you may exceed the no-fault coverage limit on the dealer’s policy. When this happens, you may have to prove that someone else’s negligence caused your injuries in order to collect the full amount of your losses.

In some instances, the other driver may be at fault. In others, the dealership’s negligence may have caused your injuries. For example, if the car you were driving had a mechanical problem that caused the crash, the dealership would be liable for your losses. Having an experienced auto accident lawyer at your side can be crucial in helping you navigate the complexities of such a case.

Sometimes, a dealership may ask, or even require, that you sign a liability waiver before taking a test drive. If you sign such a document, you are bound by its conditions. Often in such a case, you’ll need to make a claim against your own automobile insurance if you have a crash.

Your Car at the Dealership

If a mechanic or other dealership representative gets into a wreck in your car, the dealership’s insurance is fully responsible for damages and liability. You should not make a claim on your policy, because you were not driving the car at the time of the accident.

Any damages beyond the no-fault limits of the dealership and the other driver’s policies are to be settled between their respective insurance companies. You would have zero liability in such an instance.

If you smash your fingers using a dumpster, can you sue for damages? As in all personal injury cases, the answer will depend on whose carelessness or negligence caused the injury. There are two things to consider:

1. Could the property of business owner have foreseen the danger?

   The law requires property owners to take steps to prevent foreseeable harm to others on their property.

If the dumpster was not properly secured, or was defective in a way that could cause injury, a reasonable person could foresee that an injury may result. Not taking steps to prevent dangerous conditions, or to post warnings of possible danger, is a form of negligence.

2. Were you excessively careless using the dumpster?

   If your own actions were exceedingly careless, you may not have a case.

The law expects people to be reasonably aware of their surroundings. If you were reasonably careful, but a dangerous condition or a lack of adequate warning of danger caused you to smash your fingers despite your caution, you probably have a strong case for damages.

 

How to Reject a Low Personal Injury Settlement Offer (and How to Recognize One in the First Place)

You’ve been injured, and are on the road to recovering from the physical damage. While you’re dutifully following your doctor’s orders, you’re awaiting word from the insurance adjuster to see what the insurance company is willing to pay for your injuries.

If you’re working with a personal injury attorney, you’re already ahead of the game. Your lawyer is accustomed to dealing with insurance companies and negotiating with their representatives. That said, whether you have retained an attorney or not, you’ll want to know how to recognize and counter a low personal injury settlement offer.

Let’s begin with ways to recognize when the settlement offer you receive is too low.

Recognizing a Low Settlement Offer

This step is the easiest part of the negotiation process. Whether or not you are working with an attorney, the insurance adjuster will open by proposing an amount the company is willing to pay for your injuries. How can you tell if that offer is too low?

It is. Always.How do we know? Because it’s the first offer.

You see, the insurance company has nothing to lose and everything to gain by opening with a lowball offer for your claim. For all the adjuster knows, you may accept it. If you don’t, there’s no penalty or other poor result, they simply have to continue negotiating.

That said, the first offer will probably be higher if you have an attorney than it might be if you don’t—but it will still be less than the insurance company would be willing to pay. If the adjuster is dealing with an accomplished, experienced lawyer, the offer might be higher than average. Additionally, if the adjuster is dealing with a lawyer who is known to never to go trial, the offer might be lower than average.

The first offer is always going to be some percentage of what the insurer thinks is the real value of the case will be, that is, less than they’d be willing to pay. In most cases, the insurance company has its own calculations and algorithms they’ll use in order to determine the value of your claim. The adjuster knows what this figure is before he or she makes that first offer.

Rejecting a Low Offer

Knowing that the first offer you receive will be low isn’t enough. You have to be able to counter this offer. Even if you’re the sort of negotiator used car salesmen have nightmares about, the insurance adjuster has knowledge you do not possess.

The adjuster knows what your case is likely worth. Do you?

Entering into negotiations with someone who possesses greater knowledge than yourself is not in your best interest. You may still be able to negotiate a higher settlement on your own. However, in the vast majority of cases, letting your personal injury lawyer negotiate on your behalf is going to result in a higher settlement.

If you do decide to go it alone, be sure you have every expense documented when you reject the initial offer. Be prepared to explain why the offer is too low, to show your math, and to counter with an offer that is higher than the settlement you expect to get.

Be certain to include amounts you think are fair for:

• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Future medical and rehabilitative expenses
• Lost future earning potential

If this sounds complex and difficult to quantify, that’s because it is. Insurance companies have the upper hand in this type of negotiation, because this is what they do every day. You are likely to have a far better outcome for your case if you have an attorney on your side—and if you’re prepared to go to court in the event you can’t reach a fair settlement.