Car Accident Claims

Car accidents are stressful events with numerous negative consequences in your life. Some of them have to do with all the effort you must make to pay medical or car repair bills. Negotiating with the insurance company and getting them to approve your claim isn’t a walk in the park either. Insurance companies are profit-oriented businesses and have an interest in settling for the smallest amount possible since it shows in their profit margin. You, on the other hand, have to make sure that you won’t have to pay for medical expenses or other costs out of your own pocket, especially if someone else is at fault for the accident. That’s why it’s critical to get in touch with a reputable St. Louis car accident attorney before embarking on this process.

Let’s imagine that you’ve contacted the insurance company to let them know about the accident. Shortly after, they call you back with an offer. Don’t take it, even though bills are piling up and you are desperate to pay them. Quite often, this offer is less than what you deserve and only represents a starting point for negotiations.

So, what should you do when you are presented with an offer you see as unfair?

Negotiate Further with the Insurance Company

Before you start thinking of other ways of solving a dispute, begin by negotiating with the insurance company. This is the point where you should speak with an experienced attorney if you haven’t done so already. The methods of calculating a fair amount for the settlement need to be based on hard evidence, and an experienced attorney will help you set realistic expectations.

Hire a Mediator to Solve the Dispute

Mediation means hiring a third party to overlook the negotiations and get the two sides to reach an agreement or conclude that they cannot agree. A mediator does not have the authority to impose a certain outcome for the dispute, but they can moderate the discussions between you and the insurance company, facilitating the communication.

Request Arbitration

Arbitration, on the other hand, is a legally binding method of solving a dispute. A neutral arbitrator will analyze the evidence and declarations of both parties and decide an outcome for the dispute. The arbitrator must be agreed on by both parties. This step is usually taken before going to court to avoid a costly lawsuit for both you and the insurance company.

File a Lawsuit

If all the other methods fail to help you reach an agreement, you can file a lawsuit against the insurance company. Be certain to do so only when you have the means to prove that the settlement is unfair or if you suspect that the insurance company acts in bad faith.

In either case, reaching a fair settlement can be time and money-consuming, and it is best done with the support of a St. Louis auto accident attorney with experience in these types of claims.

A car accident is not only a traumatic event but can be a costly one too. You have to deal with medical expenses, lost wages, therapy, and so on. Negotiating a settlement with the insurance company will help you cover these costs and recover your health without going bankrupt.

However, what if the insurance company denies your claim or the amount they are offering is very low? The next step would be to take things to court, right? Well, before getting into a stressful trial, there is another solution your attorney may suggest: arbitration.

What Is Arbitration?

Arbitration is an ADR (alternative dispute resolution) where a neutral person decides the outcome of your dispute with the insurance company after hearing both sides and evaluating the situation. Judges or attorneys (retired or still active) are usually in charge of arbitration. Arbitration is legally binding for both parties, even though it’s less formal than a lawsuit dispute.

The difference between arbitration and mediation is that an arbitrator has the authority to decide the outcome of the dispute, whereas a mediator will only work with both parties so that they come to an agreement.

Generally, arbitration needs to be agreed upon by both parties, but in some cases, it’s a mandatory step before the case goes to court. For example, if the dispute is between you and your own insurance company, you can expect to have a clause in your policy that states this.

Who Chooses the Arbitrator?

Either party can nominate an arbitrator, but both parties must agree on having that person or group arbitrate the dispute before the process begins. You can choose an arbitrator by contacting arbitration groups. The insurance company can also suggest a list of arbitrators you can choose from.

Arbitration Details You Should Know about

• “High-low” agreement: an interval set before the arbitration that establishes a low and a high limit of the settlement you could get in the end.
• There are two types of arbitration: binding and non-binding. The latter allows you to still file a lawsuit if you don’t agree with the arbitrator’s decision.
• Bring the same evidence you would have in court. Even if it’s not a lawsuit, arbitration follows the same process of backing up claims with evidence, so make sure you build a strong case file containing all the necessary evidence
• A St. Louis auto accident lawyer to represent you through the arbitration process is not mandatory, but we strongly recommend speaking with one, as this is a dispute, after all.
• Carefully check your policy contract before filing a lawsuit against your own insurance company. A binding arbitration clause may be in place, which requires you to take this step before filing a suit.

In conclusion, arbitration is meant to solve a dispute before the case goes to court. It is different from mediation and, although not as formal as a lawsuit, it has the legal power and should be taken as seriously as a court case.

Picture this: you are driving home from work when you got into an accident because the other driver didn’t give the right of way. You have a mild concussion and a broken arm and are looking at a few weeks away from work. The other driver doesn’t have insurance and you aren’t carrying uninsured motorist coverage either. You are now looking at a lengthy process to get compensation for your injuries.

Unfortunately, this scenario is a reality for many American drivers. Although almost every state requires some form of insurance, around 13% of drivers don’t carry any. About 14% of drivers in Missouri lack any or sufficient insurance, although uninsured motorist coverage is mandatory.

The Consequences of Not Having Uninsured Motorist Coverage

The number of uninsured drivers has been steadily declining in recent years, although the percentage is still quite high. To put it into perspective, 32 million uninsured drivers get into their cars every day and drive around, ignoring or unaware of the consequences they may face.

The state of Missouri has been trying to reduce the number of uninsured drivers by including a “no pay, no play” policy, as well as insurance verification programs and random selection programs.

No pay, no play means that there are limits to the type of compensation you can get if you get in an accident and you don’t carry uninsured motorist coverage. More explicitly, you won’t be able to sue for non-economic damages, including pain and suffering ones. However, you can still seek compensation for economic damages, such as vehicle repairs, medical bills, and so on.

There are critics of these measures as they don’t seem to be that efficient. Although no pay, no play laws are in place to encourage drivers to purchase sufficient insurance, the data shows that the states that have these rules in place actually have higher rates of uninsured drivers (on average 13.2% compared to 12%.)

It’s in Your Best Interest

Numbers and statistics aside, common sense dictates that uninsured motorist coverage is in your best interest. The rates are modest, but the benefits are immense.

One of the reasons drivers are reluctant to get uninsured motorist coverage is that they think their health insurance will pay for their medical bills. And, that is true to some extent. But, here’s the thing that most people aren’t aware of: health insurance will pay for a car accident, but the company may ask for a portion of the reimbursement. With uninsured motorist coverage, however, you generally don’t have to worry about that.

Speak With an Experienced Car Accident Attorney

If you’ve been in a car accident and the other driver wasn’t insured, then you will benefit from the help of a good St. Louis car accident lawyer to build a case and file your claim. Get in touch with one as soon as possible.

Many Missouri drivers think that their auto insurance will cover any cost in the event they get into a car accident.

While it’s true that these policies are mandatory in Missouri to protect you, it does not mean it’s not without its limits. One important thing to consider is this: do you have sufficient coverage?

What Does This Mean?

In Missouri, the bare minimum auto insurance coverage is:

• $25,000 bodily injury per person per accident
• $50,000 bodily injury for all persons per accident
• $10,000 property damage liability

If you have only the minimum coverage, it means that as long as your expenses are within the policy’s limit, your insurance will cover your costs. However, this coverage may not be enough to cover all of your costs.

For instance, if you drive an expensive vehicle, the costs of repairs are likely to exceed $10,000 if the damage is extensive. High-end cars usually come with very expensive pieces that may need to be changed, and in this case, you should consider changing your policy.

The Minimum May Not Be Enough When There’s an Uninsured Motorist

Your auto insurance can also come in very handy when the other driver is uninsured, or when you are the victim of a hit and run. Under normal circumstances, if the car accident is not your fault, you can file a car accident claim with the at-fault driver’s insurance company. Legally, they are required to cover the costs of your medical bills and car repairs if they are the ones that created it in the first place.

But when the driver has no insurance or flees the scene, then you have to rely on your own policy to cover these costs which, again, may not be enough if the damage resulted are extensive.

What Happens If Your Policy Isn’t Enough?

For bodily injury, you could fall back on your health insurance and cover some of your treatments, but that also depends on what type of policy you have. Though health coverage does not exclude injuries created by car accidents (like it does in the case of work-related injuries), some procedures you may need could be excluded from the policy.

For property damage, however, unless you have other insurance policies specifically for them, it’s likely you’ll cover the costs of repairs out of your own pocket.

It’s really important to look both at your auto insurance and health insurance policy and see exactly what they cover, and what their limitations are. If you feel you’re not fully protected, you should consider changing your policy.

Involved in a St. Louis Car Accident? Speak With an Attorney!

Have you been involved in a car accident? If you are the victim, then legally you can ask for compensation from the other driver. Reach out to a St. Louis car accident lawyer to see what your best legal options are.

If your accident involved hitting an illegally parked car, you’re probably wondering what happens next.

Car collisions don’t always happen when two moving cars crash into each other. You can collide with parked cars, and even other stationary objects, like structures on the street, garbage bins, etc. If your accident involved hitting an illegally parked car, you’re probably wondering what happens next.

In such a case, the fault is often shared between you and the driver who parked illegally. You may be at fault for not driving carefully enough to avoid the parked car, and they may be at fault for parking illegally, putting other drivers at risk. Because these cases can get rather confusing, it would be wise to speak with a St. Louis car accident attorney to maximize your chances of receiving the compensation you are legally entitled to.

Duties of Care

To better understand who you may be both liable for the collision, we will remind you about a driver’s duties of care. This is the general requirement for any driver to act in a predictable way, practice cautious driving to avoid unexpected events like this.

You might think that it’s not your fault at all for hitting the illegally parked car, but if it can be proved that cautious driving would’ve prevented the collision, you might become part of the cause for the accident.

In the other driver’s case, it is clear that the duties of care were not applied when they parked in an illegal spot, putting other drivers or pedestrians in danger.

Shared Fault in a Car Accident

If it can be proven that you couldn’t possibly avoid the illegally parked car, even when driving cautiously, the other driver may be the only one liable for the accident. But if you were also negligent at the time of the accident – by speeding, using your cell phone, etc. – the fault will be shared.

The next steps in a car accident claim will depend on the state where this will be disputed. Missouri, for example, is a ”comparative negligence” and “pure comparative fault” state, which means that the settlement you will get depends on the proportion in which you and the other driver are at fault. For example, if you are found to be 20% at fault, your final settlement will be 20% short after calculating what should be paid for your damages.

What to Do After Hitting an Illegally Parked Car

It’s important to start gathering hard evidence from the scene, as much as possible. Take pictures of the two cars, of the parking space and surroundings, talk to witnesses and request their contact info, and call the police. The police report will weigh a lot when calculating the settlement. The next steps are going to the doctor for an evaluation and seeing a good St. Louis auto accident lawyer who can help you get the most out of the settlement dispute.

Driving under the influence of alcohol or street drugs is a clear violation of the law in any state, and it’s not difficult to link it to reckless driving and negligence causing a car accident. However, these are not the only substances that can impair someone’s ability to drive responsibly.

Prescription drugs can have effects as strong as the effects of drinking alcohol or smoking recreational marijuana, and the rate of consumption for these drugs is high across the country.

If you were hit by a driver who was under the influence of prescription drugs and you suffered injuries and/or property damage, the fact that they had consumed prescription drugs can and should be taken into consideration when building your case.

How Can a Driver Be Impaired by Prescription Meds?

While not all prescription meds come with an interdiction to drive or use heavy machinery while taking them, many of them clearly come with these warnings. You can find these warnings on the labels of many types of medicine, from antidepressants and painkillers to antihistamines.

The prospect of a medication that can affect your ability to drive will include this information, and sometimes it can be read on the label of the pill bottle as well. This is sufficient information to make a driver liable when they cause an accident under the influence of such prescription drugs.

The side-effects of medication that can impair a driver include:

• Blurred vision
• Nausea
• Fainting
• Drowsiness
• Impaired cognitive function
• Slow reaction times

Anyone of these side-effects can lead to an accident, and when they do, you do have a strong case as a victim of such a driver.

Will You Get a Higher Settlement from an Impaired Driver?

The fact that the driver was impaired by prescription drugs or not will not necessarily influence the amount of money you can expect to receive. The settlement amount depends on what your damages are, not on the reason why the other driver is liable. In some states, though, this information can influence the settlement amount: when you are in a state of pure comparative negligence (like Missouri, for example), and you are partially at fault for the accident, the settlement amount will be calculated based on the proportion in which you are both at fault, and this could be established by looking at the reasons for one’s negligence.

Even though a driver facing a DUI will only have to answer for that in the face of the law and criminal court, you can still use testimony and documents from the criminal case to back up your civil lawsuit. You can actually call police officers or experts like toxicologists as witnesses in your civil suit.

Negligence from driving under the influence of prescription meds is not easy to prove, so we strongly recommend seeking the assistance of an experienced St. Louis car accident attorney who can help you build a strong case and protect your legal rights. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.