Car Accident Claims

Work zones can increase the risk of a car accident, even though they are typically marked by signs warning oncoming cars of what’s ahead.

Work zones are those areas under constructions that cannot typically be fully isolated, such as those you can find on highways. Circulation cannot be stopped completely so the construction firm will take other measures to ensure safety.

But if an accident occurs, who’s liable?

What Causes Work Zone Accidents?

Many work zone collisions are the result of driver negligence, specifically not being careful while crossing near a work zone, which puts everyone else present at risk, from the driver to the workers, and other vehicles.

Here are some examples of when a driver is liable for these accidents:

• Speeding
• Ignoring construction signs and signals
• Distracted driving
• Inadequate merging
• Road rage, which causes the driver to act erratically

However, some work zone accidents may be caused by the construction company or its employees. Here are some examples of when this could be the case:

• Using inadequate signs, or creating confusion among drivers
• Using equipment which generates excessive lights, that could momentarily create vision-impairments
• Creating road debris, and not removing it from the road promptly
• Failing to provide a detour when needed, etc.

How to Prove Liability

If you are in a car accident that occurred in a work zone, one of the first steps to getting compensated is to answer the question: who is responsible?

Note that in Missouri you can have more than one party at-fault for a collision. Even you, the victim, could share part of the blame. You may think a driver caused a work zone accident because they are slightly speeding. Upon investigating, it is found that the accident was made worse because of road debris left on the road, which led to the speeding driver losing control of the car. In this case, both parties may be liable to pay you damages.

At the same time, you can also be found partly negligent because you are on your phone at the time of the accident. Your liability is calculated at 20%, which means you will only collect 80% of your total damages.

Proving liability involves building a case that shows who is responsible for the collision, and should, therefore, cover your damages. To do it, you will need sufficient evidence from the accident that can paint an accurate picture of events to convince the insurance company to award you a fair settlement.

Speak With a St. Louis Car Accident Attorney

When you’re going up against multiple liable parties, or a company with legal representation, it is very important to have experienced legal representation on your side as well. Reach out to a St. Louis car injury lawyer now for further assistance in your work zone collision case.

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.