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Whiplash & Whiplash Injury St. Louis

Whiplash & Whiplash Injury St. Louis

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Archives for January 2021

Can You Correct a Police Report That Contains Errors After a St. Louis Auto Accident?

January 29, 2021 by Christopher

What happens if the police report of your St. Louis auto accident contains errors? Do you have a right to correct them?

A car accident is almost always followed by a car accident claim since personal or property damage occurs in most crashes. In determining liability and calculating the settlement for the victim, the police report from the scene of the accident is often one of the most crucial pieces of evidence.

But what happens when such an important document contains errors? Correcting a police report that contains errors is not only doable; it should be pursued.

police report car accident

Types of Errors a Police Report May Contain

First, it’s crucial to determine what kind of errors were made. The most critical distinction between the different types of errors is based on facts versus statements.

Factual errors are the easiest to correct since they refer to undisputable information, such as names, details about the type of vehicles involved, the date and time of the accident, insurance information, or location. Proving that the real information is different from what got into the report is quite simple, and it’s done with the necessary documentation.

Disputable information, on the other hand, can be tough to correct in a police report. Things someone has said, conflicting information was given by an eye-witness, contrary statements from different drivers, suspicion of liability can damage your case. Because it was a police officer who documented these errors, they might disagree with your side of the story and insist that the report is accurate.

What to Do If the Police Report Contains Mistakes

The most crucial step to take when noticing mistakes in the police report is to send the agency a request for correction in writing. Be concise and formal, and explain how the information included in the report is not accurate. If needed, attach documents proving the discrepancy.

Depending on the impact this mistake can have on the case, the police officer who wrote the report may or may not solve your request. If needed, you may need to go to their superior and send more notifications in writing, mentioning any lack of communication or hostility on the officer’s part.

Work with a St. Louis Auto Accident Attorney

Speak with an experienced St. Louis car accident attorney to ensure your rights are protected. Whether the report will be changed or not depends entirely on you, but reaching out and requesting a correction is the first and most crucial step.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: police report

“How Much Money Can I Get as a Passenger in a Car Accident?”

January 12, 2021 by Christopher

If you are a passenger who was injured in a car accident, you may be wondering if you have a right to pursue compensation from the at-fault driver.

When we talk about car accidents, we may think about the vehicle’s driver as the sole victim. However, car accidents are complex and unpredictable, and all the occupants of the vehicle are exposed to the risk of injury. In fact, studies have found that front-seat passengers have the highest mortality rate in auto accidents.

passenger involved in a car accident

If you are a passenger who was injured in a car accident, you may have many questions right now. Can you file a compensation claim? Who is going to cover the cost of your medical bills and lost wages?

Can You Get Compensation for a Car Accident As a Passenger?

Yes, you can file a claim and ask for compensation for the injuries and trauma caused by accident. As a matter of fact, you generally have the same rights as the drivers of each vehicle. However, to file a claim, you will have to determine who was at fault and gather evidence to build your case. 

Determining liability is not as simple as it may seem. More often than not, there is more than just one party who contributed to the crash. Some of the commonly responsible parties could be:

  • The driver of the car: The driver of the car in which you were riding as a passenger could be found at fault for the accident if it’s proven that they acted negligently and violated traffic laws, we’re distracted or drove under the influence. 
  • The driver of another vehicle: If the driver of the other vehicle was the one who failed to exercise responsible care, then you can file a claim against their insurance company. 
  • The driver of a rideshare car: If you were a passenger in a rideshare vehicle, things could get a bit more complicated. If the driver was on the clock and the app was on, the rideshare company will generally be responsible for compensating you. If the app was not on, then you will generally have to file a claim against the driver’s own insurance company. 

What’s Next? 

After you’ve determined who the responsible party is, you will have to gather evidence to prove the extent of your injuries. You will need a copy of the police report, documents related to your medical care, witness statements, and so on. Make sure to keep a journal, too, in which you describe your symptoms (both physical and psychological) and how they’ve evolved in time. 

Why Speak with a Car Accident Lawyer?

Car accidents are rarely straightforward, and if you were a passenger, it could be even more confusing to know what to do next. Even when it’s clear who was at fault for the incident, the burden of proof lies on your shoulders. If you were injured, you have more important things to focus on than dealing with the insurance company.

Speak with an experienced St. Louis auto accident lawyer and let them deal with the insurance companies involved. They can make sure that your rights are protected and fight to get you the compensation you are legally entitled to.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: passenger injury

How to Talk to an Insurance Adjuster Who Calls After a Car Crash

January 11, 2021 by Christopher

It’s important to understand that insurance adjusters are generally seeking a way to lower the amount of compensation you receive.

If you’ve been injured in a car accident, you will likely receive a call from the at-fault driver’s insurance company. The insurance will ask a few questions about the accident and your wellbeing, and it’s important to understand that your answers can influence your claim. The adjuster may make it look like a casual conversation, but they will pay close attention to every word you say and look for any opportunity to lower your settlement. 

st. louis car accident victim on phone with insurance adjuster

With that in mind, here are a few tips on how to speak with an insurance adjuster after a car accident.

Identify the Person You Are Speaking with

Politely ask for the adjuster’s name, phone number, email address, the name of the insurance company they are working for, or the person/business they represent. At this point, it’s generally wise to speak with an experienced car accident attorney before providing them with information.

Don’t Offer Too Much Information about Yourself

The adjuster may ask for a lot of personal information and mask everything as a casual conversation. Please note that you don’t really have to give the adjuster too many details about yourself except for your name, address, and telephone number. You can also tell them your occupation or the company you are working for, but you don’t have to go into details. 

Discuss Only the Basic Facts About the Accident

The adjuster may ask you to give a statement about what happened. Although they might make it seem like you are required to do so, the law generally doesn’t oblige you in any way to give this kind of statement. 

Some adjusters will engage you in a friendly conversation during which they will ask you details about the accident. They might say something like, “Oh, it sounds like you were having a busy day. You were probably very tired, weren’t you?” to which you may feel inclined to answer yes. They may then use this statement to argue that you were distracted and share some of the blame for the accident. 

If you decide to continue the conversation without first speaking with an attorney, pay attention to the questions they ask and only discuss the basic facts about your accident: when, where, the type of the accident, the type of the vehicle, and the name of the witnesses. 

Don’t Discuss Your Injuries

The adjuster will also ask questions about your injuries and well-being. Don’t give any details, and don’t make any assumptions. Saying something like “I think it will get better in a few weeks” will likely affect your settlement. 

Leave the Negotiations to An Experienced Lawyer

It’s not unusual to be offered a quick settlement by the insurance company. It can be tempting to accept it, especially if you are pressed by piling medical bills. However, more often than not, it’s a low ball offer that doesn’t really cover the true extent of your injuries and damages.  Politely decline to discuss the case any further and let your St. Louis car accident lawyer take over the negotiations. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Claims

4 Things Car Insurance Companies Don’t Want You to Know

January 8, 2021 by Christopher

While insurance adjusters are usually friendly and seem very genuine, the truth is that their goal is to minimize your claim and pay you as little as possible.

If you’ve ever watched an ad for a car insurance company, you may think that filing and getting compensation is a walk in the park. While insurance adjusters are usually friendly and seem very genuine in their desire to help you, the truth is that their goal is to minimize your claim and pay you as little as possible. Insurance companies are for-profit businesses, and they use many tactics to scare victims into accepting a low-ball offer. 

insurance adjuster examining car damage

Insurance Companies Will Try to Convince You That You Need to Offer a Recorded Statement

If you were in a car accident, you might get a call from an insurance adjuster, claiming that you need to give a recorded statement about the incident. Although they might make it look that these statements are mandatory, the reality is that you generally have no legal obligations to give one. Adjusters are trained to ask trick questions and use your answers against you to reduce or even deny your claim. 

The Three D’s

Insurance companies know that victims are often under a lot of pressure to pay their medical bills or other expenses and take advantage of this stress. One of the most common tactics they used to reduce or deny a claim is the three D’s – delay, deny, and defend. 

Insurance companies often delay your claim, deny that your injuries were caused by the car accident, or are as serious as you claim them to be, and are ready to defend their position. 

They Assign You a Team of Adjusters

Another tactic insurance companies use is telling you that they’ve assigned a team of adjusters to work on your case. That might sound great, but the fact of the matter is that they can stall and affect your claim. 

A team of adjusters usually has very little authority and has to run everything through their superiors, meaning that communication is slow and tedious. 

A Lawyer Can Help

Many people wrongly assume that they can handle their car accident claim by themselves and save money on hiring an attorney. However, car accident victims have a better shot at fair compensation by working with an experienced car accident lawyer.

That’s because car accident lawyers know all the tactics used by insurance companies and have the skills and resources to fight back. 

Speak With an Experienced Attorney

It’s easy to think that insurance adjusters are well-intentioned and eager to help you. After all, they’ve been trained to gain your trust and make you open up to them. But, make no mistake: they will use anything they can to minimize your claim. 

By working with a St. Louis car accident lawyer, you increase your chances of getting fair compensation for your injuries. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Claims

What If My St. Louis Car Accident Claim Exceeds My Insurance Policy?

January 7, 2021 by Christopher

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be.

Auto insurance is mandatory in Missouri, and the minimums are set at:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

The law also requires drivers to carry mandatory uninsured motorist coverage with the same set minimums. Drivers are free to purchase policies with higher levels of protection.

When you are involved in a car accident, these insurance policies generally kick in and provide you with financial support to cover medical expenses and property damage costs. However, in some cases, drivers may have total expenses that well exceed their insurance policies, leaving them unsure of how to cover the gap.

pain after a st. louis car accident

Who Pays for the Accident?

First, it’s important to determine who should cover your medical bills and property damage costs. If you were driving and accidentally hit a pole, for instance, then you have your personal auto insurance to fall back on.

However, if you are the victim of a car accident, then legally, the at-fault driver is generally obliged to cover the costs of all the damages the car accident has caused you. In this case, you don’t file a claim with your insurance company but the company of the at-fault driver.

The same goes if you are at fault for the incident. The ‘victim’ files a claim with your insurance company to seek damages.

What If the Policy Can’t Cover All of It?

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be. 

If you’re the victim and are filing for compensation with the at-fault party’s insurance company, and their policy is not enough to cover what you’re owed, you have the option to seek the rest of your compensation in court. You are legally entitled to recover full damages, even if the driver’s insurance policy does not have sufficient coverage. A judge can therefore rule the at-fault party must pay the rest of the amount out of pocket. In the meantime, you may fall back on your insurance policy for certain expenses.

These matters are not as easy when it comes to your personal insurance, however. If your policy is not enough to cover your costs’ full extent, you will likely have to cover the additional costs out of pocket.

Before you do, speak with an experienced St. Louis car injury lawyer, and have them look over your case. Sometimes, insurance companies can refuse to cover certain costs even if the policy limit is not exceeded.

St. Louis Car Accident Lawyers

If your car accident claim exceeds your insurance policy, reach out to a St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C., before you start paying the costs out of pocket. There may be additional legal options available to you, and we can help you identify them and protect your right to compensation.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Claims

Factors to Consider When Comparing St. Louis Car Accident Lawyers

January 6, 2021 by Christopher

Finding the right car accident lawyer doesn’t have to be difficult. You simply need to know what to look for when comparing potential attorneys.

The aftermath of a car accident is often complex. In addition to the physical and emotional trauma, you may also have to deal with car damages, insurance companies, other relevant authorities, and so on. The entire legal process on top of the piling medical bills and other expenses can be nightmarish. 

calling lawyer after car accident

Trying to find a good St. Louis car accident lawyer who will work for your benefit and not focus on benefiting themselves can feel like an added stress that you don’t need right now.

Here’s the thing: finding the right lawyer doesn’t have to be that difficult. You just need to know what to look for. 

Experience in Handling Car Accident Cases

It may sound obvious right now, but when you are in pain and dealing with a lot of stress, you may be tempted to call the first lawyer who pops up during your Google search. However, if you want a chance to get fair compensation for your injury, you need a lawyer who understands the complexity of a car accident and can help you file a claim that is all-encompassing and not just a way to get some money fast. 

Look for a Lawyer Who Keeps the Lines of Communication Open

Communication is key to building a winning car accident case, and that goes for both of you. You need to be honest with your lawyer and give all the accident details, including exactly how it happened. Even if you are partially at fault, keep in mind that Missouri is a comparative fault state, meaning that the blame can be shared between drivers. If you are found to be 20% at fault for the accident, you can still get 80% compensation. 

Your lawyer is responsible for keeping you in the loop about your case and engage in proactive communication. If you have to call them repeatedly to get an update on your case, this may be a bad sign.

Does the Lawyer Have the Resources to Take on My Case?

Car accident cases can get quite expensive, especially if the injuries are complex and involve different medical specialties and expert witnesses. For example, a case against a trucking company may involve accident reconstruction experts, safety experts, and medical professionals. If the lawyer lacks the resources to find and hire the right team of experts or cuts corners to save money, your case might be adversely affected.  

St. Louis Accident Lawyer Helpline

Finding the right St. Louis car accident attorney can be a challenging task. However, if you ask the right questions and look at these factors to decide if a lawyer can truly fight for your right and represent your best interests, it is possible to find the right attorney for your case.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Lawyer St. Louis

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    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.