Car Accidents are a common occurrence that have a profound impact on your life as they often result in physical and mental injuries. You need a top injury lawyer that understands the traumatic effects and aggressively pursues your case to the fullest extent of the law, regardless if the injuries sustained are minor or severe.
What do I do if I am in a car accident? - Generally, if you are reading this page you have already been in an accident, but commonly the best things to do include the following:
At the Scene of the Accident:
1. Make sure you pull over or get to a safe place if possible;
2. Call the police, report the accident, and check for injuries;
3. Get the other driver's information (name, address, insurance) However, if the police respond they will get all that information and it will be reflected in the police report;
4. Go to the hospital or make an appointment with your doctor;
5. Call your lawyer!
6. Do not talk to the insurance company.
Automobile accidents are the most common type of injury case. These cases are governed by the law of negligence. All of us who drive owe other drivers the "highest duty of care" in the operation of a motor vehicle.
2. Call the police, report the accident, and check for injuries;
3. Get the other driver's information (name, address, insurance) However, if the police respond they will get all that information and it will be reflected in the police report;
4. Go to the hospital or make an appointment with your doctor;
5. Call your lawyer!
6. Do not talk to the insurance company.
Automobile accidents are the most common type of injury case. These cases are governed by the law of negligence. All of us who drive owe other drivers the "highest duty of care" in the operation of a motor vehicle.
Failure to exercise this high duty of care can make a person liable for injuries caused as a result. Most people are covered auto insurance, however, if you are hit by an uninsured driver or an unidentified driver then uninsured motorist coverage should exist to pay for your damages.
Experienced Injury Lawyers are Essential to an Auto Injury Claim:
A qualified and experienced personal injury lawyer is essential to even a basic car accident case. If there are physical injuries, you need guidance for the proper medical treatment, depending on your financial situation, degree of injury, and insurance coverage, we can help you in that decision making process. If you have full medical coverage I generally suggest that you see your family doctor and follow up with whatever care he or she suggests. If you do not carry medical insurance, then we have a network of medical doctors and chiropractic physicians that will treat your injuries on a "lien basis" This guarantees that you get the full medical attention you deserve and the bills will be paid once your case settles.
Common Mistakes - Failure to Seek Proper Medical Treatment:
The most common mistake I see in car accident cases is that the injured victim passes on medical care or seeks minimal treatment and then just puts up with the pain or assumes it will pass with time. This has a devastating effect not only on the value of your case but your health as well, as medical evidence of injury and medical treatment of the symptoms is critical to a successful claim. Moreover, even minor injuries suffered in a car accident can result in permanent scar tissue formation in the muscles that will cause recurrent symptoms for years to come if not treated properly.
If there is little to no medical treatment the auto insurance lawyers will argue that you were not hurt or the injury was very minor because a reasonable person would seek medical treatment. This will negate any claims that you care for your injuries on your own and that you may suffer from continued pain and other symptoms of the injury.
What about Auto Insurance?
Many car and truck accidents are the fault of an uninsured (UM) or under-insured (UIM) motorist or driver. You may carry coverage to protect yourself from these types of drivers as well as medical payments (Med Pay) coverage.
Uninsured Motorists (UM):
Uninsured motorists mean just that, they have no insurance. This includes drivers with no insurance as well as unidentified or "phantom" vehicles. Sometimes a driver is forced off the road or involved in an accident and the at fault driver flees the scene of the car or truck accident and identification information is not obtained by the victim or any witnesses. This case falls under uninsured motorist coverage (UM).
If you have basic coverage then by Missouri and Illinois law you also have uninsured motorist coverage, at least a minimum amount to match the state minimum or whichever liability amount you carry on your own vehicle. Thus you make a claim against your insurance carrier against the UM coverage portion of the claim protecting yourself in the even you are injured by an uninsured motorist.
Under-insured Motorist (UIM):
The at fault driver that caused the car or truck accident carries insurance, however, it is not enough to cover the amount of damages you are entitled to based on your injuries, lost wages, and pain and suffering. In this situation you have been injured by an under-insured motorist.
How can you protect yourself? UIM coverage is not mandated by State law in Missouri or Illinois. Meaning you have to elect for it when purchasing a policy. The amount will cover you for the difference between and the at fault driver's low coverage and the amount of UIM coverage you carry.
Thus, if you are involved in a car or truck accident and the at fault driver has the Missouri state minimum under the financial responsibility laws of $25,000, then any damages you suffer over and above $25,000 will have to be recovered from the driver personally; this can be very difficult in most situations. However, if their is UIM coverage on your policy then you can recover the difference or sometimes the full amount.
Under the example above, the at fault driver has $25,000 liability coverage and the injury victim has a UIM policy of $100,000. What is the max the victim can recover? The auto insurance company will argue that you are entitled to only $75,000 because the UIM coverage is "set-off" by the recovery of the $25,000 from the at fault driver.
"Set-off" provisions of insurance policies are very specific and some insurance policies word the "set-off" provisions properly and some do not. The ones that do not are not entitled to "set-off". See a case example of how Ben Sansone prevented the application of set-off to allow full recovery for our client.
"Set-off" can also apply to medical payments coverage if the med pay policy is also responsible under the same policy's under-insured (UIM) or uninsured (UM) coverage section. As above, the "set-off" clauses must be attacked and shown to be ambiguous and thus unenforceable.
Medical Payments Coverage (Med Pay):
Auto insurance companies allow for med pay coverage which can be used towards your medical bills in the even of an injury regardless of fault. Additionally, the med pay coverage does not affect the other driver's liability to you and they are still responsible to pay your medical bills in full and you do not have to reimburse the med pay coverage payments. Moreover, if you have medial insurance, the medical insurance actually pays the bills, you recover the med payments and keep them, plus you recover from the at fault driver's liability coverage.
I am an experienced Missouri and Illinois Personal Injury Lawyer and have dealt with insurance policy nuances such as "set-off" and "anti-stacking" clauses and have prevailed, resulting in better recoveries for my clients. I have done this in the face of prior lawyers claiming it could not be done, they simply do not possess the knowledge, skill, and dedication to fight these cases effectively and aggressively.
