Blog – Page 2

Car Insurance Claim Denied – What Next?

June 13, 2018 By Christopher

Insurance companies work hard to limit their liability. It is important to speak with a car accident lawyer to understand what you are entitled to.

When you are in a car accident in the state of Missouri, who is at-fault is determined, and then that person’s insurance company is generally responsible for paying for both the injuries of the at-fault driver and any property damage.

It might be the case that both, or even multiple drivers, are at-fault due to comparative negligence. If more than one driver is at fault, then the insurance company is responsible for paying for their “portion” or percentage of negligence according to the law.

If you filed a claim for personal injury through your insurance company and you are being denied coverage, there are times when it will “stick” and others when the insurance company is just looking for a way out of their obligation.

Knowing the difference, and defending yourself against being turned away when you shouldn’t, is critical to getting the compensation that you deserve.

Why Would an Insurance Company Deny a Claim?

You pay your premium and expect that an insurance company’s job is to ensure that you are adequately compensated when you are in an accident, but that might not always be the case. A car insurance company is in the business as a business.

That means that their goal is to be profitable. They do that by trying to limit their liability any way that they can. That gives them an incentive to deny claims that are real and justified, to make people jump through hoops and hopefully give up.

It also means that an insurance company will almost always low ball how much they give you. Whether it is assessing your car repairs at a lower cost than is realistic or trying to limit your non-economic damages, they will work hard to pay you as less as possible, not to compensate you wholly.

Valid Reasons Why They Can Deny Your Claim

Not all denials are based on unethical practices. There are valid reasons that your claim might be denied, the most common being:

Your insurance was expired when you were in the accident.
There isn’t enough evidence to prove that you were at-fault in the crash.
The accident happened in a location where your policy does not cover you.
You don’t have the proper documentation to determine that you were injured at all, or your injuries were pre-existing, and not a result of the accident.

Your insurance company is required to pay for a car accident where you were at-fault, period. If you are being denied coverage, it is crucial that you speak with a St. Louis car accident attorney as soon as possible.

Even if the insurance company is trying to minimize your compensation, your St. Louis car accident lawyer will fight hard to ensure that they live up to their end of the deal and only pay the amount to which they are obligated. If you don’t fight, you won’t win.

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Why Hire a St. Louis Car Accident Lawyer?

May 10, 2018 By Christopher

If you have been in a car accident and were injured, you likely do not have the emotional or mental strength to deal with insurance companies and medical bills.

Lots of car owners don’t hire an attorney because they don’t think it is necessary, they are fearful of how much it is going to cost or they simply don’t understand why hiring a lawyer will make a difference.

The reality is that if you have been in an accident, especially if you are injured, it is critical that you have an attorney on your side looking out for you.

Let Your Lawyer Handle the Specifics

There is a reason why car accident attorneys exist. It is because they know the laws and the procedures involved in getting their client the compensation they deserve. It is much better if you focus on yourself and your injuries, allowing yourself time to heal than to get caught up in a lawsuit. If you are in pain, still going through treatment or are emotionally distressed by the accident, then you may not be in the best position to make sound choices for your future.

A St. Louis car accident lawyer can be your voice when your voice is rattled, and they can allow you to pay attention to what really matters while they work behind the scenes to get you the compensation you deserve.

They Work on a Contingency Fee

Car accident attorneys generally work on something called a contingency plan. So, although the thought of paying an attorney might seem daunting, the truth is that you won’t have to pay them anything unless they can recover the money that you deserve.

When you hire a car accident attorney, you sign a contract that states that they will get a percentage of whatever they can recover in your case. This is oftgen a small price to pay for the peace of mind that comes from allowing an experienced professional deal with the legal work.

They Know What Your Injury Is Worth

Unless you know how to calculate both economic damages and non economic damages, then you are better off letting a car accident lawyer handle your case.

Most likely, a lawyer will be able to negotiate with the insurance company to get you the compensation that you need, without needing to go to trial. If they can’t, however, they will be able to recognize that you aren’t getting enough, and will work on getting your case to the next step so that you can get adequate compensation.

When you are in a car accident, it can shake your whole world. To make sure that you aren’t making poor decisions or are distracted from what is important (namely your health and recovery), it is an excellent idea to have a St. Louis car accident attorney to walk you through the process.

Call us 24/7 at (314) 361-4242 for a FREE and private case evaluation.

Addressing Delayed Injuries After a Car Accident

May 1, 2018 By Christopher

One of the biggest mistakes someone can make after a car accident is to dismiss an injury as nothing serious without having proper tests run.

When you are in an automobile accident, the car hits something and stops, but your body does not. The types of injuries that are most common in car accidents are also those that might not surface right away.

The biggest mistake that someone can make is to think that an injury is nothing serious and dismiss it without having proper tests run. If you are injured in an accident, even if you think that it is just a minor bruise or soreness, it is critical to receive medical care immediately.

Chain of Causation

Not only do you need to receive medical attention in case the injuries need to be addressed so that they don’t become major, you also need to create something called a “chain of causation.”

If you are injured and you don’t get the appropriate medical services immediately following the accident, there is the potential that you will not be able to prove that your injuries were a direct cause of the car accident. That would make it more difficult to win your case if you should have to file a claim to be compensated. Going from the accident to the hospital and having proper tests run creates a chain of evidence helping proving your injuries were the result of the car accident.

Whiplash

One of the most common types of injuries that people sustain in an accident is something called whiplash. Whiplash occurs when the soft tissue of the neck is injured. Often the signs of whiplash appear to be just a little stiffness or soreness.

If you leave a neck injury unchecked, it is possible to have serious problems later on. The soft tissue of the neck, when inflamed, can cause tears in the discs and lead to further complications and neck and spine problems in the future.

Other Soft Tissue Injuries

Typically, if you are in a fender bender, the soreness that you have goes away within a day or two. If you notice that your bruises are not healing the way that you thought they would, it is important that you seek medical care.

Soft tissue injuries can lead to chronic edema that can wreak havoc on your joints and bones and lead to further issues. If you sustain an injury in a car accident, you might need to have physical rehabilitation or other medical treatment to prevent a minor injury from becoming major.

Internal Bleeding

If the car stops suddenly and your body doesn’t, it is possible for you to hit things like the window of the dashboard. If you have any blunt force trauma, it can lead to internal bleeding or a traumatic brain injury.

If you lose consciousness at all, it is critical that you go to the emergency room to make sure that you get the help you need to address any internal bleeding or brain injuries that might be going on.

If you are in an accident and injured, even if you think the injuries are minor, it is critical that you address them immediately. Those things that seem minor can have a delayed onset, and if you don’t prove that they are injuries you sustained in the accident, you’ll have a hard time getting the compensation that you need.

Involved in a Car Accident With Someone Who Has No Insurance?

April 24, 2018 By Christopher

Being hit by someone who isn’t carrying insurance is not an unusual thing. If it happens to you, make sure that you have a professional who knows how to find you the compensation you deserve.

To drive in the state of Missouri, you need the mandatory minimum insurance. The minimum insurance coverage is called liability insurance. It is a policy that is meant to cover the injuries of an at fault driver as well as the damages and injuries to other drivers in an accident. Just because something is a law, however, that does not mean that everyone is compliant and carries the proper insurance.

If you are hit by someone else and not at fault in an accident, then the other driver’s insurance is supposed to pay for your injuries and damages. However, if they aren’t carrying insurance, that can leave you vulnerable. If your auto insurance policy covers uninsured or underinsured motorists, you should be able to file a claim with your own insurance company.

Are Your Injuries Covered by Your Own Policy?

There are times when you can have your injuries covered by your own insurance. If you don’t have collision insurance coverage, that might leave the repairs of your car up to your own wallet and that can be costly. If someone else is liable for your injuries and damages and they aren’t covered through your insurance policy, then you may wanted to consider speaking with an experienced car accident lawyer for help recovering your costs.

What If the Other Driver Is Found at-Fault?

If you can prove that the other driver was at-fault and liable for your injuries and damages resulting from the car accident, then that other driver might have to pay for your damages. It is possible to sue them in a court of law to recoup whatever you have lost.

When Isn’t Suing an At-Fault Driver Beneficial?

The biggest problem with being reimbursed through suing the other driver is that there is usually a reason why someone is not compliant with the insurance laws in Missouri. The most common reason that someone doesn’t have insurance is because they can’t afford it. If they can’t afford the cost of insurance, even if you win a case against them, collecting your compensation can be problematic.

So, What Should I Do If I Was Hit by an Uninsured Motorist?

If you are in a collision in Missouri with someone who wasn’t carrying insurance at the time and is at fault for the accident, it is critical that you speak with a St. Louis car accident attorney to figure out the best way to proceed. An experienced attorney will know how to deal with the insurance company and the other driver. They’ll also know what steps you have to take to make sure that you are properly compensated for your injuries.

Being hit by someone who isn’t carrying insurance is not an unusual thing. If it happens to you, make sure that you have a professional who knows how to find you the compensation you deserve. Call us 24/7 for FREE legal advice at (314) 361-4242.

Missouri DWI Laws

April 13, 2018 By Christopher

To try to curb the high percentage of accidents that happen due to drinking and driving – especially with underage drinking – Missouri has enacted what are called “Zero Tolerance” laws.

In Missouri, obtaining a driver’s license is not a right but a privilege. With that privilege come some expectations of drivers’ behavior for when they get behind the wheel. To try to curb the high percentage of accidents that happen due to drinking and driving – especially with underage drinking – Missouri has enacted what are called “Zero Tolerance” laws.

To be accused of a DUI in the state of Missouri, drivers must be over the legal limit of impairment. According to the law, a driver must have a BAC (or blood alcohol concentration) that is above 0.08 to be considered driving while under the influence. The BAC level is determined either by breathalyzer testing or blood.

Missouri Zero Tolerance Laws

Zero Tolerance laws pertain to drivers who are under the age of 21 and driving in Missouri. Since it is illegal to drink before you are 21 years of age, if you have any alcohol in your system at all, you are committing a crime. Therefore, if you have even one drink and get behind the wheel and are in an accident, you might be charged with a DWI.

A DWI means that you were driving while intoxicated. Although it’s generally not considered as serious of an offense as a DUI, it does come with some severe consequences. To be charged with a DWI, all that you need to have is a BAC of more than 0.02. It differs from a DUI in that anyone under the age of 21 who is tested with a BAC that is more than 0.02 can suffer long-term consequences.

What a Person Should Do If They Are Asked to Take a Breathalyzer Test

If someone is involved in an accident and is asked to take a breathalyzer test, they are required by law to comply. Because Missouri has “implied consent” laws, if someone is suspected by the police to have been drinking before they got behind the wheel, they must consent to taking a test. If they refuse the test, it can lead to stiffer penalties than if they were facing a DWI.

What If You Are Under 21 and You Have a BAC of Over 0.08?

If you are driving in Missouri and you have a BAC of over 0.08, then it is legally considered a DUI regardless of your age. If your BAC is that high, then you won’t get the lesser DWI charge – law enforcement will levy the full DUI charges against you.

If you or a loved one and have been injured in an accident caused by an individual who was driving under the influence of drugs or alcohol, you have a legal right to compensation. Contact an experienced attorney at The Hoffmann Law Firm, L.L.C. for FREE legal advice 24/7 – Call (314) 361-4242.