Car Accident Claims

Many car accident victims will try to negotiate the settlement themselves. Here are some reasons this may not be the best idea.

Car accident victims in Missouri have a legal right to seek compensation from the driver that has caused them harm. A car collision can cause injuries, property damage, and extreme struggles, so the Missouri law recognizes that you should not have to bear all of the costs if you were not at fault.

To get compensated, you will generally need to file a compensation claim with the other driver’s insurance company. Most car accident injury disputes do not make it to court unless the other driver is uninsured or there are criminal charges involved (like if they intentionally hit you with their car).

Many car accident victims will try to negotiate the settlement themselves. Here are some reasons this may not be the best idea.

You May Be Unfamiliar With the Law

Missouri laws can be rather complicated. Even if you get through it and manage to understand it, it still may prove difficult to know how the law applies and what its limitations are.

Insurance companies, on the other hand, have experience with the law and generally have a team of experienced attorneys working on their behalf, which automatically puts you at a disadvantage. They may even accuse you of partially being at-fault for the accident, which could give them cause to lower the compensation amount.

Negotiations Experience

A major part of car accident claims often has nothing to do with the law but has a lot to do with negotiating. For instance, a common trick insurance companies use is to present a low-ball initial offer as soon as they can, and try to convince victims to accept it. In this case, you’ll have to hold your ground and negotiate a higher settlement.

Unfortunately, many car accident victims accept this initial offer because they need money to cover their expenses, and may be led to believe they will not get more.

The Process Could Drag on Even More

Insurance companies are in no rush to speed up the claim, but they do know you are in a rush to receive compensation. Because of this, they may take advantage of your lack of experience and drag on the process as much as they can by asking for more time to review documents or even more evidence. They do it in hopes that you’ll just accept any offer because you need the money fast.

Of course, you can fight back their attempts to stall the process, but you may find it difficult to hold your ground against a team of adjusters.

What Can You Do?

As the victim of a car accident, it is in your best interests to get in touch with an experienced St. Louis auto accident lawyer for help. They can build a solid case and negotiate a settlement on your behalf, while also preventing the insurance adjusters from pulling any tricks. This will allow you to give your full attention to your recovery.

If you have filed a claim against another party for negligence in a car accident, you may be asked to give a deposition.

A deposition is simply a way to get an official statement during a legal proceeding. You may have to give a deposition in a variety of situations, such as if you saw a crime happening, are a character witness, or if you filed a claim against another party for negligence in a car accident.

Some people can be slightly uneasy at this time, mostly because they do not know what to expect, or they fear they may ruin the case in some way. Here’s what you should expect from a deposition.

How They’re Set up

Your deposition can take place in a variety of locations, such as a law firm’s conference room, the court reporter’s office or some other place that’s private. In some cases, you may be asked to provide some documents for the deposition. Ask your St. Louis car accident lawyer if you should or not.

During a deposition, you will have to answer questions presented by the lawyers from the other party, and a court reporter will document the entire meeting. In the end, you may be given a transcript of your statements to review and sign. If you see anything wrong with your statements, you should tell your lawyer. A simple mistake could hurt your claim.

Things to Consider

The process itself is rather simple, and can generally be over fast. Most of your time, however, may be spent preparing for the deposition with your lawyer. This is an essential step, as your lawyer will ask you similar questions with what the other party may ask, and help you prepare an answer.

This is done to minimize any chance of the other party interpreting what you say to their own convenience. Generally speaking, your lawyer will advise you to:

• Give clear answers

• Answer verbally

• Never answer until the lawyer finished asking the question, and wait a second before you answer. Your lawyer may object to certain lines of questioning.

• If instructed by your lawyer not to answer, do not go against their recommendation.

• Answer only what you are asked, and never give additional details or go beyond the question.

• It’s okay to say you don’t know or remember something.

• Review the facts of the case before the deposition. Your lawyer can anticipate some of the other party’s questions, but not all. It’s best you don’t have gaps in your memories.

• Be honest if you don’t understand the question. The lawyer can rephrase or provide further explanations, with no effect on your credibility. 

What Should You Do?

You should reach out to a St. Louis auto accident attorney if you have to give a deposition. It’s your legal right to do so, and you won’t seem “more guilty.” Your lawyer can make sure your rights are protected at this time. Reach out to an experienced attorney today at (314) 361-4242 for a FREE consultation.

Giving a deposition in a personal injury case can be a nerve-wracking task, but keeping calm and going there prepared will make a big difference.

If you were injured in a car accident and now you are in the discovery phase of your personal injury case, you might want to be prepared for giving a deposition. In the discovery phase, both parties have to exchange the information they have so that they can prepare for the next step of the trial.

During your deposition, your St. Louis car accident attorney and the insurance company lawyer may ask questions, and you will answer under oath. That means that what you declare can be used as evidence in the case. While your lawyer will try to show how the injuries affected your life, the insurance company defense lawyers will attack any inconsistency or vague statements and use them to damage your credibility.

It is important that you are prepared when you give a deposition. Your St. Louis auto injury attorney will surely instruct you and give tips on how to word your statements and what to emphasize, but here are some tips you can read that summarize the basic things to consider.

Don’t Exaggerate the Facts

Even if your personal injury has affected your entire life and you are feeling intense emotions over the changes you need to face now, try to remain objective when presenting the facts. Exaggerating facts can be identified and pointed out by defense lawyers, which could be bad for your credibility.

Being unprepared for your deposition will definitely show, and it will be exploited by the defense attorneys. Before you give a deposition, recap all the details of the incident and the aftermath, and structure it in your mind clearly, so that you don’t seem hesitant or unsure about what happened. The lawyers will ask a lot of questions, asking for details and timelines of the events, so be prepared to answer straightforward and with confidence.

Keep Your Answers Concise – Short and Clear

Depositions are not actually doing a favor to the victim of a car accident. They are a good opportunity for the defense lawyers to build up a case against you. So, the best approach is to give them less material to work with. Keep your answers short and simple and don’t provide details that could be interpreted and used against you. If you are not sure about what to answer, it’s best to ask for a rewording of a question.

Keep a Polite and Serious Image

Defend your credibility by showing up on time for your deposition, wearing clean and appropriate clothing and talking politely and calmly. Anger and other emotions can damage your deposition, so make sure you are prepared, confident and strong when being challenged by the defense.

Giving a deposition in a personal injury case can be a nerve-wracking task, but keeping calm and going there prepared will make a big difference. Remember what everyone is there for and keep your deposition clear and working in your advantage. 

The Federal Highway Administration estimates that wrong-way accidents can cause between 300 and 400 fatalities each year.

The issue is defined as a vehicle traveling in the opposite direction of travel on a freeway or highway, and colliding with another vehicle going in the right direction.

How These Accidents Happen

There are many things that could go wrong on the road, but driving in the wrong direction of a lane seems like a thing of fiction. Though not very common, wrong way car accidents can happen and account for about 3% of total motor vehicle accidents. However, when they do happen, they are more likely to cause fatalities than other types of road accidents.

Most of the time, wrong way driving is a result of driver error, particularly when a driver wants to enter a highway exit ramp. Driver error is an extremely complex issue, that can be defined by a variety of different matters:

• The driver’s unfamiliarity if the roadway in a particular area;
• Distracted driving;
• Driver fatigue; 
• Driver mental state or health;
• Driving under the influence of drugs or alcohol.

Other possible causes may not much to do with the driver:

• Poorly marked ramps or lack of signs;
• Bad ramp design;
• Weather conditions that affect visibility

How to Stay Safe

It’s vital to pay close attention in front of you, not just one or two cars ahead. Ideally, you should have a clear (or, at least, somewhat clear) view of your current way. The further you can see the roadway, the more prepared you can be if you see a wrong-way vehicle approaching.

If you can, try to drive only on the right lane, as that may increase your chances of avoiding a wrong-way driver. If you see a driver approaching you, switch to the right lane as soon as you can.

Of course, sometimes you don’t have the option of switching lanes. According to the FHA, most wrong-way collisions take place head-on, which is why they result in fatalities so often. If you don’t have enough room to switch lanes, you should turn your vehicle to the side, which could potentially minimize the severity of the impact.

Though these tips could really make a difference when faced with a wrong-way driver, they cannot completely prevent such accidents from happening. And when they do, what are your options?

Speak With an Experienced St. Louis Lawyer

If you have been in a car accident with a wrong-way driver, you should get in touch with a St. Louis auto accident lawyer and file an insurance claim for compensation.

A lawyer can help you understand what you need to do, and who is liable.  Give us a call, day or night, at (314) 361-4242 for a FREE consultation.

Many car accident victims think about representing their own case, particularly if they believe the accident was fairly straightforward.

After a St. Louis car accident, you may want to file an insurance claim to get compensated for your injuries and damages. If the accident wasn’t your fault, it only makes sense to hold the person responsible liable, right?

A lot of victims think about the option of representing their own case, particularly if they believe the accident was fairly straightforward. However, that would be a mistake and a costly one at that.

Why You Shouldn’t Represent Yourself

Think about you and your knowledge before you start filing insurance claims:

• How familiar are you with Missouri traffic laws?

• How well do you know how insurance companies operate, and how the claims process goes?

• What do you need to build a compelling case?

You need to have a good understanding of Missouri law to be able to represent yourself. Even if you think the case seems easy, and the other driver agrees they were at-fault, you generally won’t be dealing with them directly – you’ll be dealing with insurance adjusters.

As such, you’re at a disadvantage right from the beginning. Adjusters know the law and the process for awarding compensation. If you go through this process by yourself, they can legitimately assume you lack this knowledge and try to use it against you.

In fact, if you choose to go through this process without a lawyer, you are effectively giving the insurance company good news. For them, this entire process is a business transaction, and the only way for them to come out on top is by giving you the least amount of compensation possible.

Because of your lack of experience, you may not even know how much compensation you should rightfully get, which gives insurance adjusters the opportunity to offer a low-ball deal. And the chances that you’ll take it are extremely high.

Why You Should Work with a Lawyer

A good St. Louis car accident lawyer increases your chances of getting properly compensated tremendously. For one thing, they have enough experience with these types of cases to know how much you should receive based on your injuries, damages, and other details of the case, and actively negotiate for it with the insurance company.

An experienced lawyer can help make sure your rights are protected. You may wish to skip hiring one because you’re afraid of lawyer fees, but know that most personal injury lawyers work on a contingency. As such, it is also in their interest to get you the highest amount possible.

Schedule a FREE Consultation

At this time, you should focus on healing and getting over this incident, not trying to make sense of the intricacies of insurance claims. If you’re looking to be compensated, reach out to a St. Louis car injury attorney to discuss all your legal options. Based on your case, they can point out the best course of action you should take. Give us a call today at (314) 361-4242.

Though it can be frustrating, it is important not to panic if your car accident injury claim has been denied.

If you’ve been the victim of a car accident, one thing you can do is file an injury claim and hope you’ll receive some financial aid to cover all your medical expenses.

These claims often go through the other driver’s insurance companies. Another solution would be to sue the other driver in civil court, but that process generally only happens when gross negligence is involved. And when you’re dealing with insurance adjusters, particularly if you’re on your own, you may be hit with this frustrating conclusion: your claim has been denied. What should you do now?

Why the Claim Was Denied

The insurance company must give you a reason for why they denied your claim. Some common reasons can include:

• Claiming their policyholder did not cause the accident;

• Use any detail of the accident to invoke policy exclusions

• Claim no coverage existed at the time of the accident, because the premium was not paid;

• Claim they did not have time to investigate the accident because the policyholder did not notify them in due time.

It’s important not to panic if your claim is denied. Yes, it can be a very frustrating thing to hear, particularly when the medical bills are piling up and you have no way of paying them on your own. There is a way to ensure your legal rights are protected. Speak with an experienced St. Louis car accident attorney.

How to Appeal

There are two ways to proceed here. First, you can go back to the insurance company and file an appeal, since most already have such a system in place. If you have a lawyer with you, they can refute any counter-argument made by the insurance company to deny your claim by bringing up the facts and evidence of the case.

If you get nowhere with the insurance company, you can also go to arbitration, where each party will present their side and an impartial third party will rule on the dispute.

Insurance companies will often try to avoid paying these claims, and because of this, it’s vital to work with a lawyer. Through their experience, they can even tell if the company is acting in bad faith, and recommend filling a suit for improper claims practice. This can show the company you’re serious about your claim, and it may convince them to start negotiating.

Even if they do not, your lawyer can represent your case in court. If they provide a convincing argument, the judge will rule in your favor and the company will have to approve your claim and possibly pay a fine for improper claims practice.

FREE Legal Advice 24/7

You’re chances of success skyrocket if you work with a St. Louis car accident attorney, even if it’s to appeal a denied injury claim. Reach out to one now and discuss your case with them.

Contact Us