Posts Tagged ‘car accident’
Tuesday, December 20th, 2011
Insurance companies exist to make a profit just like any other business that is not a nonprofit entity. Prior to sites like Facebook existing, one of the ways that insurance companies would be able to deny benefits is to follow injured workers with a video camera. They would be able to show that a worker who have been injured on the job or injured in an auto accident was not as injured as they were claiming to be.
As years go by insurance companies are now using social media websites such as MySpace, Twitter, Facebook, Youtube, etc is what is your workers are doing while they are recovering. Some courts but even ordering plaintiff’s to give up their social media sites so they can be looked at by the attorneys from the insurance companies.
Insurance companies are not stupid about this. There have even been cases where they will notice that an injured plaintiff is selling items on eBay or craigslist and therefore earning income. The insurance company could potentially make that individual ineligible for workers compensation benefits.
A lot of people don’t realize just how much personal information is actually available on the Internet about people. Since it’s on the Internet and is not password-protected, insurance companies can pretty much use it as it is in the public domain. Facebook now has tagging of photos so that people can find you and your photos with simply her name. You need to be very careful about your privacy settings on that site in particular.
Here are some ways to protect yourself from the insurance carriers prying eyes.
1. Big line of thinking is to make sure there is nothing you would not want your own mom or the lawyer from the insurance company to see on any of your social media profiles.
2. Once a week put your name into the major search engines including Google, Yahoo, and being. And see what pops up. If you see anything that is unacceptable to you then you should go on make the adjustments or simply delete those social media accounts.
3. Make sure to look at the privacy settings on all of your social media accounts so that people who are not close friends of yours I’m allowed to see what they should be at allowed to see.
4. When you receive a “friend request” from someone who you maybe do not even know, either ignore those requests or send back an e-mail to find out who that person is. If you are involved in a lawsuit, keep in mind that the opposing team can find out a lot information about you on the Internet. They may send a fake e-mail trying to get even more information by giving you the impression that your friends. Be aware this may happen.
5. Set up your Facebook account so that e-mail is necessary before you will accept a new friend. Remember not to accept any friends you do not know personally.
Want to find out more about personal injury attorneys Phoenix, then visit the site of RJ Hurwitz Law ‘on how to choose the best Accident attorneys Phoenix for your needs.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, insurance claims, lawyers, legal, personal injury, property damage, social media, truck accident, trucking, trucks, worker's compensation Posted in affordable car insurance | No Comments »
Saturday, December 17th, 2011
A lot of individuals are involved in jobs that require the use of car while working. This means that they are at risk for having a job related automobile accident. If you sustain injuries in that accident and it is caused by somebody else’s fault, and along with a workers compensation claim you may also end up being entitled to a third-party liability claim. Keep in mind though that you are not allowed to sue a coworker or your employer for any job related injuries sustained in an accident.
After being involved in a work related automobile accident, make sure to follow the appropriate steps to file a workers compensation claim. Your employer needs to be notified in writing of the injuries from the accident, and then you need to go wherever your employer tells you to go for initial care of your injuries. This also involves filling out a claim for compensation that begins the claim process. Even if the accident was somebody else’s fault filling out this form and starting the workers compensation claim process will entitle you to immediate medical and compensation benefits available.
You may or may not know this reliability claim can take years to resolve against the asphalt insurance company. You’ll need to complete your medical treatment so that you can obtain the highest settlement possible. You should also work with a personal injury attorney who is familiar with the workers compensation system in your state.
If the attorney is knowledgeable in both personal injury law as well as workers compensation law, it may be possible in that state for the workers compensation insurer to pay medical bills rather than needing the settlement monies from the personal injury case to pay for those. This would essentially be money out of your pocket paying for your medical bills. Make sure to ask the personal-injury attorney whether or not you should be seeing a physician who is on your workers compensation provider list.
Make sure that you realize that with both be personal injury lawsuit along with the claimant workers compensation, the workers comp carrier is legally entitled to receive some of the monies from liability insurer. This is called a subrogation lien. It is better though to have both claims going. It’s action unusual for a person in this situation to have 2 lawyers one working on both parts of the case. In reality though it would be best to have one attorney with significant experience in both areas of law.
Want to find out more about the best personal injury lawyer Phoenix, then visit RJ Hurwitz Law site on how to choose the best personal injury lawyers Phoenix AZ for your needs.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, insurance claims, lawyers, legal, personal injury, property damage, truck accident, trucking, trucks Posted in affordable car insurance | No Comments »
Saturday, December 17th, 2011
Each year in the states an auto accident occurs every 10 seconds. This adds up to many thousands of traffic accidents annually in the United States. When a car experiences damage from a crash, the end result is a vehicle that has diminished value. What does this term mean?
Diminished value refers to an automobile having been an accident and suffering either physical damage, structural damage, or cosmetic damage. Even if that vehicle is fixed back to like new condition and it looks and drives no different than it was before the accident it still will not be worth as much as it was before the crash. The difference between what it was worth before the accident and fully fixed after the accident is due to diminished value.
If you doubt that diminish value actually exists try and sell your vehicle after an accident and see what happens. Most states require full disclosure of all accidents that occur to a vehicle. Most buyers want a vehicle that has never been in an accident and if it has it will receive less money simply due to the fact it was in one.
There are 3 main types of diminished value that apply to claims. These consist of the following:
1. Immediate diminished value: this refers to the resale value difference of the vehicle compared to what it was worth before the accident simply because it was involved in a crash.
2. Inherent diminished value: this refers to the loss of the market value of the automobile due to the accident. This is the most recognized and accepted form of diminished value.
3. Repair related diminished value: this refers to the depreciated amount of vehicle due to either improper repairs or those that are incomplete, poor quality repairs, or simply having items that were left unfixed. This diminished value is determined by the overall quality of the repairs or lack thereof.
Nearly all states allow people to file a diminished value claim after an auto accident that was not their fault. Also those who carry uninsured motorist coverage may be able to file this claim under their own policy as well. The 2 types of diminished value insurance claims include first party or third-party insurance claims. First party means that the individual damaged his or her own car and has her own insurance company paying the claim. This coverage depends on what is either included or excluded in the policy. Third-party insurance claims are when the other party was at fault and hence the other insurance company pays the claim. Pretty much all state courts support claims for diminished value.
Numerous factors come into play when looking at a diminished value calculation including the age of the vehicle, the mileage of the vehicle, the undamaged value, the condition of the vehicle before the accident, and whether or not there were previous accidents.
It can be tough to go after a diminished value claims on your own. An experienced personal injury attorney who has experience in diminished value can help you get the money you deserve. Make sure to reach out and hire one prior to the statute of limitations expiring in your state.
Want to find out more about personal injury attorneys phoenix, then visit RJ Hurwitz Law site on how to choose the best Phoenix personal injury lawyer for your needs.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, lawyers, legal, personal injury, property damage, truck accident, trucking, trucks Posted in affordable car insurance | No Comments »
Thursday, December 8th, 2011
After becoming a victim in an auto accident, a large “bite” is taken out of your life. This entails bodily injury, damage to your vehicle, and plenty of missed time potentially from work. To the insurance company who deals with these things every day it may seem like an inconsequential “bite”, but to you it will upset completely the baseline world in which you exist.
This new existence will consist of physical therapy, visits to your physicians, and rising medical bills. The physical and mental injuries sustained in the auto accident may take many months or even years to heal.
It is unfortunate but this new existence will comprise you making phone calls to body shops and auto repair places to get estimates as well as dealing with insurance companies. This is not a fun time by anybody’s recollection, and the personal injury attorney may help considerably with your case. A veteran personal-injury lawyer will be able to help advise regarding when would be the appropriate time to settle with the insurance company.
An excellent question is whether or not you should wait til you are fully healed to seek settlement money or is it proper to do so earlier? The reality is it is probably in your best interest to wait as long as possible. Why? Sometimes injuries take quite a while to present themselves, such as posttraumatic stress disorder situation or the long-term effects of a traumatic brain injury. Due to these issues, settling too soon may leave money on the table with the insurance company.
If you are patient, it will help you to receive an appropriate settlement that you will not look back on with regret. This is tough to continue, especially with the significant “bite” taken out of your existence. But being patient will help you feel somewhat more whole again by being able to potentially get a higher settlement.
This is one of the reasons that the insurance company may be pushing you to settle prematurely. What you really want to do is reach a point prior to settling of what is known as “maximum medical improvement”. What exactly does this mean? This is the point in time where a doctor states that you have recovered as much is possible in the healing is complete. At that point you will understand more what your lifelong limitations will be and also how much care you will need in the future.
If you are not healed completely, there are calculations to predict future medical expenses which can be added to all of the medical expenses incurred to date. With all of that calculated, the settlement process can be initiated with more realistic figures. If you are patient enough to allow realistic settlement calculations to be accomplished, then you will have the best chance of making yourself whole again.
Want to find out more about the best accident attorneys Phoenix, then visit RJ Hurwitz Law site on how to choose the best personal injury lawyer Phoenix AZ for your needs.
Tags: accident, affordable car insurance, attorney, auto accident, auto insurance, car accident, insurance, lawyer, legal, personal injury, vehicles Posted in affordable car insurance | No Comments »
Monday, December 5th, 2011
If you’ve been a victim in auto accident which resulted in medical problems for you such as broken bones, most likely you had to miss work and handle significant suffering and associated pain. You need to go through visits to physicians, imaging studies, physical therapy, typical nightmares, mental counseling, and all in all it ends up being an extremely stressful time in your life.
At some point your case will settle and all of your damages will get reduced to a money figure. Are you then required to pay taxes on that figure? It actually depends on whether or not the settlement received is due to the injuries or for the loss of economic benefit.
The basic idea is that if the financial settlement is received for the injury itself, then it typically is not susceptible to taxation. However, if it is for the economic benefit loss, it is included in one’s gross income and then becomes subject to taxation. If the person was losing wages from being out of work due to the accident, and part of the settlement is to replace those amounts, taxes would then need to be paid on that because you would’ve paid as anyway fewer still working. There has been some precedents and case law for this but it is not always clearly established as to the answer. Also this article is not being written by attorney so this does not constitute legal advice!
There is a tax code in the IRS that handles certain payments for physical injuries and whether or not they’re excluded from gross income. That IRS tax code is section 104 period the IRS does not make a clear-cut as they do not provide clear guidance on what the terms “physical sickness or physical injuries” exactly mean. However, if the compensation is being received solely for “physical sickness or physical injuries” then that total amount is what is supposed to be excluded from gross income and hence not taxable.
In the past the IRS has ruled on the case known as LTR 200041022. the case involved a woman who received a settlement from her foyer as it related to unwanted physical contact in the workplace. Since the settlement that was received was not based on physical injuries and there was no “observable bodily harm”, the IRS ruled that her settlement monies had to be included in gross income and therefore taxable.
There was a case in the US Supreme Court regarding Section 104, Schleier v. Commissioner. The Court adopted a 2 step mandate that the cause of action needed to be a tort-type action and that the monies received were on account of sickness or personal physical injury.
Since it is not clearly defined, individuals in this situation should talk to a competent tax lawyer to clarify exactly what should be included in gross income or excluded. Since settlements at times end up in the millions of dollars, this should be a definite prerequisite since if calculated incorrectly the IRS may get involved.
Want to find out more about Phoenix personal injury attorney, then visit RJ Hurwitz Law site on how to choose the best auto accident attorneys Phoenix for your needs.
Tags: accident, affordable car insurance, attorney, auto accident, auto insurance, car accident, insurance, lawyer, legal, personal injury, tax law, Taxes, vehicles Posted in affordable car insurance | No Comments »
Saturday, November 26th, 2011
The factors involved in large truck accidents differ significantly from cars when fatalities are involved. In data compiled from the Federal Motor Safety Carrier Administration, it has been shown that over 16% of car accident fatalities are the result of being under the influence of alcohol and/or drugs. In contrast, only 1.4% of truck accident fatalities are the result of drugs or alcohol.
This is most likely a result of the fact that truck driving is more of a professional activity, with drug testing being prevalent and preventative, whereas with autos a lot of accidents result from a night of imbibing. Trucking is more of an employment activity, and most people who are involved take it seriously, which means not working while drinking.
Speeding is the number one fatal factor in automobile accidents, at approximately 19%. It is also the number one factor in trucking accident fatalities, at 7%. It takes considerably longer to stop a truck when speeding than a car at the same speed. The reason is due to size and weight, so a substantially larger cushion is necessary to avoid an accident in an adverse driving situation.
The 2nd and 3rd most common truck accident death factor is staying in the proper lane along with inattentiveness. This may be the result of falling asleep while driving or texting, reading, talking on the phone, working a mobile device, or applying makeup. This combines for a 12% incidence of trucking accident deaths because of inattentiveness or inappropriately switching lanes. Car accidents differ here with over 16% being the cause of death.
Reasons 4 and 5 for trucking are failure to yield right of way and failure to obey traffic signs. This causes over over 5% of trucking deaths and 11% of car fatalities. Drivers may be in a hurry and try to beat another vehicle through a yield sign, or just disregard appropriate caution signs on the highway.
The premise here is that besides alcohol and drugs being more prominent with auto accidents, the reasons for fatal accidents are the same. They are just in varying percentages. After all, people are people. One take away from this is that preventive safety measures for truck and auto safety overlap substantially. Initiatives for decreasing fatalities can therefore serve a dual function.
Learn more about phoenix auto accident attorneys. Stop by Phoenix personal injury attorney RJ Hurwitz site where you can find out all about personal injury attorney in Phoenix and what he can do for you.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, lawyers, legal, personal injury, property damage, truck accident, trucking, trucks Posted in affordable car insurance | No Comments »
Friday, November 25th, 2011
With regards to your automobile insurance, there are two types termed property damage and liability. If another party is injured in a type of accident that was caused by you, this coverage falls under the liability portion of your policy. Most of these should in fact be reported to your insurance company, even if there’s only minimal damage.
How can you know if the accident should be reported or not? If there is only property damage and no body injury, then it may be ok to withold it from the insurance carrier. You could simply pay for the damages yourself to avoid a claim on your insurance policy record.
If there is any potential for an injury however, the claim should at least be reported. For instance if you rear end another auto going only five miles an hour, you may not need to report a claim after speaking with the other driver. However, what is necessary is to at least tell your insurance company about the crash.
You should explain the details of the incident, provide them the location of the accident, the other vehicle information,the other driver’s info along with that of the passengers. It may be that you pay for some minor property damage and then nothing else comes of it. However if a few months later the driver or the other vehicle’s passenger(s) does have some pain in the back, and you have notified your insurance company about the accident, you will be covered under your policy. If you have not notified them prior, the insurance company may say they are not obligated to cover you.
Definitely report any claims involving incidents with minors, pedestrians, or cyclists. Say for instance you are backing out of the driveway and you almost hit a child on a bike. The kid is not actually injured, but his bike is hit and ruined. There is not even a scratch on the kid. Even if the parents and the child apologize big time for the incident, it should still be reported to your insurance company.
This could prevent a legal problem from developing later on if you have it documented from the outset. You could still be a nice person and buy the child a new bike, but don’t forget to notify your carrier. They would not be obligated to defend you if you don’t and a claim surfaced.
The bottom line is you should maintain a low threshhold for notifying your insurance company. When it comes to liability, you cannot be too careful and discussing with them and notifying them of the incident can make sure they have to defend you later if necessary.
Want to find out more about Phoenix personal injury attorney, then visit Phoenix personal injury lawyer RJ Hurwitz website on how to choose the best personal injury attorneys Phoenix for your needs.
Tags: accident, affordable car insurance, attorney, auto insurance, car accident, insurance claim, lawyer, legal, personal injury, personal injury lawyer, vehicle insurance Posted in affordable car insurance | No Comments »
Sunday, November 13th, 2011
When a truck crashes into a smaller vehicle, and let’s face it most vehicles are smaller than trucks, it is not a pretty sight usually. The smaller vehicle often tries to jump into the lane where the truck is without realizing how close they are to the truck, or maybe they do not signal and end up in an accident. Or it may simply be the truck driver’s fault. If that’s the case, a truck accident lawyer should be contacted.
Larger trucks are typically more commonly involved in fatal multiple vehicle accidents than passenger automobiles. The top 5 states for deadly truck crashes include Texas, Florida, and Pennsylvania, Georgia, and California.
Over half 1 million large trucks and commercial vehicles ended up in accidents in 2010. In these crashes, over 100,000 people sustained serious injuries, with over 5008 cal resulting. These numbers will most likely continue to elevate as over 20% more trucks are expected to hit the roadways within the next couple of years.
Here are a few reasons for getting in touch with a truck accident attorney:
The driver of a truck ran you off the roadway and your automobile is damaged. If the truck driver maintains insurance, the truck driving company may accept liability and pay for your expenses directly. However, if the trucking company will not pay you or if the truck driver has no insurance, you should definitely contact an attorney to assist.
If your vehicle was damaged by a truck and you have sustained injuries, this could be anything from a ligament or a muscle injury the possibly something more serious such as a broken bone or internal injuries. You may be at risk of getting fired from your job or losing the ability to work in your profession. It would be in your best interest to find a truck accident attorney who is experienced as you may need to file a personal injury claim even with insurance being involved.
Are you involved in a lawsuit between a truck driver and yourself in an accident that was not your fault? This could turn into a “he said she said” situation. An attorney can help you tremendously in this situation as there may be a need to notify insurance companies, contact police officers, contact witnesses, with a personal injury attorney helping you out it might make this easier. The best weapon on your side is innocence, and a lawyer can help you present that in the best way possible.
Hopefully this problem will never become your reality, but you should happen you should maintain a low threshold for getting in touch with a truck accident lawyers. Ask your family and friends for recommendations, and then look at references. In in person meeting should be held with the prospective lawyer, and you should not agree to a meeting with a “contract runner.”
Want to find out more about personal injury attorneys phoenix az, then visit RJ Hurwitz Law Office site on how to choose the best car accident attorney phoenix for your needs.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, lawyers, legal, personal injury, property damage, truck accident, trucking, trucks Posted in affordable car insurance | No Comments »
Friday, November 11th, 2011
When classifying commercial motor vehicles, trucks range from small straight trucks up to extremely large oversized trucks. In order to drive the use commercial motor vehicles, individuals in America must maintain a commercial drivers license to get behind the wheel of a truck with a Gross Vehicle Weight Rating.
Components of a commercial drivers license examination consists of both a general knowledge test along with a skills test. The truck driver needs to maintain expertise in backing up, stopping, turning, driving on both city and highway roads, and also weaving through an obstacle course. Commercial drivers licenses come in classes A, B, C, and only the holders of class A licenses can operate the larger trucks.
The primary safety tip for truck driver safety is satisfactory to maintain a space cushion in all dimensions. Also be sure to keep a visual on the height cushion above the vehicle such as tunnels along with the road surface (e.g. speed bumps, road hazards, and potholes). Along with this, be certain to keep enough rear and forward space available for stopping to be certain of turning radiuses for safety.
Looking at traffic and weather conditions prior to a driving trip may lead to safer driving. This can allow the driver to avoid inclement weather areas or a potential accident. Along with this, increased traffic may lead to bad decisions from impatient driving which may lead to an accident putting one’s truck safety at risk.
Another part of pre-tip planning is inspections. Routinely performing maintenance of tires, fluids, axles, etc will prevent potential issues.
Driving at safe speeds can prevent fatalities. After all, the National Highway Traffic Safety Administration reported speeding as the #1 factor in fatal large truck crashes in 2009. It always takes longer to brake a large truck than a car, so the safe driving speed and cushion is extremely important.
If normal speeds are kept, the truck tires will still have the traction needed to stop. Driving during rain, mountain areas, hilly areas, curvy roads, at night, etc can all make stopping difficult. Total stopping distance is equal to the sum or reaction distance, perception distance, effective braking distance, and brake lag distance. Adverse weather will lengthen the distance needed to stop.
Unlike a typical auto driver, those in a truck need to look farther down the road because of needed stopping time. Also it is not a good idea to rely on simply GPS, as it does not take into account overpass or bridge clearance. If the GPS says its the shortest route, the top of the truck may end up being gone if not careful.
When backing up, remember a truck is not a car. There are significant blind spots with a truck while backing up so the acronym G.O.A.L. is important – Get Out And Look. Having plenty of mirrors on a truck on each side can decrease the size of any blind spots. This may mean 3 to 5 on each side.
Adhering to these elevated safety tips may help substantially to prevent trucking accidents.
Want to find out more about car accident lawyers Phoenix, then visit RJ Hurwitz’s Personal Injury attorney site on how to choose the best Arizona Personal Injury Attorney for your needs.
Tags: accident, accident attorney, affordable car insurance, auto insurance, automobile insurance, car accident, car insurance, crash, insurance, lawyers, legal, personal injury, property damage, truck accident, trucking, trucks Posted in affordable car insurance | No Comments »
Monday, October 31st, 2011
No-fault insurance is a largely misunderstood concept. The concept involves 2 requirements:
*Drivers are mandated to carry insurance to protect themselves
* It then places limitations on the ability to sue other drivers for sustained damages
If you have no-fault insurance, the insurance company will reimburse for your damages up to policy limits. This reimbursement takes place regardless of who was at fault for the accident (hence the term no-fault). If other drivers were involved, they would be covered by their own auto insurance policies.
In a pure no-fault insurance system, the vehicle driver would receive complete coverage with their own policy. Also, the driver would not be allowed to sue another driver for damages.
Currently twelve states use a no-fault system, and none really have a pure model. States put in a hybrid model mixed with the standard liability system. One can sue in specific instances, and it’s a great idea to read up on your own states particular model.
What are the benefits of no-fault insurance? This insurance guarantees every driver access to medical care immediately. One main intent is to decrease the administrative and legal fees associated with insurance claims. Theoretically, insurance premiums should go down accordingly.
Because of remaining liability issues (since no state uses the pure model), insurance premiums typically increase though. One term that is used as no-fault is personal injury protection (PIP). Various states include different coverages, but most include injury related expenses such as loss of wages, medical costs, funeral expenses and death benefits.
Because no state utilizes a true no-fault system, individuals may still be held responsible financially in some instances. Certain states allow individuals sue when costs reach a certain amount, while others rely on allowing to sue if certain severity standards are met.
Critics of the system argue that reckless or negligent drivers are not punished sufficiently. Also it is routinely seen that insurance premiums in no-fault states are the highest in the US. Proponents of no-fault insurance state that in areas with a high number of uninsured drivers, parties at fault are often unable to pay liability damages anyway. Also, those in favor say accidents are inevitable, so why punish those at-fault necessarily?
3 of the no-fault states permit drivers to make the decision between no-fault and traditional tort. New Jersey and Kentuck permit this decision, and if the driver does not make the decision the no-fault is assigned by default. In Pennsylvania the opposite is in effect, where the full tort option defaults.
Several states have taken away their no-fault laws. In the 1970′s 2 dozen states put laws into effect, and at this point only half have kept them.
Want to find out more about personal injury attorney phoenix az, then visit RJ Hurwitz Law site on how to choose the best auto accident attorney Phoenix for your needs.
Tags: accident, affordable car insurance, attorney, auto insurance, car accident, insurance claim, lawyer, legal, personal injury, personal injury lawyer, vehicle insurance Posted in affordable car insurance | No Comments »
|