“I don’t have time for the physical therapy the doctor prescribed.”
September 15, 2010
A lot of people that are in car accidents have back and shoulder injuries. These seem to be the most common types of injuries in car accident lawsuits we handle. Physical therapy is generally the main treatment prescribed. Oftentimes, this requires 2-3 visits per week to the doctor’s office.
What do you think it looks like to an insurance adjuster (or the defense attorney or the jury) if you’re skipping doctor’s appointments?
- That you’re not really hurt “that bad.”
If you still hurting, it’s simple: go to the doctor.
Auto Accident Claims: Personal Injury vs. Property Damage
September 14, 2010
Most people don’t realize that two [main] claims stem from car accidents:
1) Property Damage Claim
2) Personal Injury Claim
Insurance companies will generally settle the property damage claim within the first month after the car accident. The main reason is that the car accident victim is entitled to reasonable expenses for a rental car. Insurance companies don’t want to let a big car rental bill run up. Note that the insurance company doesn’t have to pay for your rental car up front. They only reimburse you later, which is a hassle if you can’t work due to the auto accident.
The personal injury claim on the other hand can often take over a year to complete. It’s very unwise for the injured claimant to settle the claim before finishing treatment (you won’t know the full extent of your bills and injuries). The claim can also take a longer if a lawsuit needs to be filed. Some insurance companies make it their “standard procedure” to wait until a lawsuit is filed before they will even make a reasonable offer.
Speeding may not be as bad as we thought
September 13, 2010
Here’s an interesting article from the Daily Mail: In the UK, government statistics show that only 3 percent of car accidents are caused by speeding drivers.
The article states that “four of the five most frequently reported contributory factors in accidents involved driver or rider error or reaction.”
Reaction time and speeding go hand in hand though.
Oklahoma Auto Accident – Small Property Damage Only
September 9, 2010
What should I do if I’m in an auto accident and the insurance company for the guy that caused the wreck won’t pay the $3,000 to fix my car? I wasn’t hurt in the accident.
You should file a small claims lawsuit. In Oklahoma County, small claims are for $6,000 or less. The Oklahoma County Court Clerk – Small Claims Department is located at 320 Robert S. Kerr Avenue, 4th Floor, Room 409. Remember to watch out for any statute of limitations issues.
Elements of Liability in an Auto Accident Case
September 8, 2010
To recover in an auto accident case, the plaintiff has to prove negligence. To quote the Oklahoma Uniform Jury Instructions:
Instruction No. 9.1
NEGLIGENCE- ELEMENTS OF LIABILITYA party claiming damages has the burden of proving each of the following propositions:
First, that [he/she] has sustained injury;
Second, that the party from whom [he/she] seeks to recover was negligent;
And, third, that such negligence was a direct cause of the injury sustained by the claiming party.
