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You are here: Home / Archives for Car Accident Claims

Car Accident Claims

Filing a Car Accident Claim If You’ve Been Injured in a Taxi Accident

July 14, 2020 by Christopher

Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath may seem unclear from a legal standpoint.

Car accidents are more likely when you live in a big city. Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath can be unclear from a legal point of view. Can you file a claim against a taxi driver or its company? 

The answer is, generally, yes. However, there’s more to it. Here’s what else you need to know.

taxi car accident lawyer

Were You a Passenger in the Taxi?

When you take a taxi, you trust the driver with your physical integrity. Although taxi drivers are experienced, accidents can happen and you can get injured. Fortunately, it’s easier for a passenger to get compensation since they cannot be deemed liable for the accident. You can file a claim towards the taxi driver, the other driver involved, or even both drivers. 

Were You Hit by a Taxi While Driving or While Being a Passenger in Another Car?

If the taxi driver is found to be at fault for the accident, you can typically file a claim against them or the company they work for. In at-fault states, such as Missouri, you can file a claim even if you share the responsibility for the accident. The settlement will be calculated based on how much each of you was at fault.

Should You Pursue the Taxi Driver or the Company They Work For?

This depends on what caused the accident and who is at fault. If there was a problem with the taxi maintenance and a technical issue led to the accident, the company will generally be held liable for not keeping their vehicles safe for the users. Even if the accident was caused by pure human negligence on the part of the driver, you may be able to sue the company, as the principle of “vicarious liability” may apply (they are responsible for what their employees do while on duty).

How to File a Taxi Accident Claim?

In both scenarios, you should start gathering evidence as soon as possible, right at the scene of the accident. Collect information about the drivers who were involved, eyewitnesses, and the scene of the accident. Take pictures of the vehicle you were in, the other vehicle, and your injuries. Call the police even if the accident seems minor because hidden injuries and underestimated property damages are usually found later.

Why You Should Speak With a St. Louis Car Accident Attorney

Filing a claim is best to be done with the help of an experienced St. Louis car accident attorney since claims can get complicated very fast. An attorney will guide you through the entire process and make it easier to pursue the compensation you deserve, especially when filing a car accident claim against a taxi driver.

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Filed Under: Blog Tagged With: Car Accident Claims

The Appeal Process In a St. Louis Car Accident Injury Claim

June 15, 2020 by Christopher

Appealing your car accident claim may be an option if your claim was denied. Here is what you should know about the appeals process.

Sometimes, your car accident claim doesn’t have a happy or even adequate ending. Many victims can end up with a denied claim, even if they are completely eligible, or end up with lower settlements than they are entitled to.

In these cases, one option you may have is to file an appeal and see if that resolves the issue. However, there are some things you should know about the appeal process.

It’s Not Done by an Objective Third Party

When you have an issue with your claim or final settlement, you can first make an appeal with the claims supervisor. This is a person still employed by the insurance company you filed the claim with but has different tasks than the insurance adjusters.

Part of the claims supervisor’s job is to make sure the company did not overpay or underpay for the claim. Technically, they should act as an objective party that simply analyzes the claim to see how much it is worth. However, because they work for the insurance company they are far from objective. So, it’s unlikely that the opinion of the claims supervisor will differ from that of the adjuster.

You Can Also File a Lawsuit

A lawsuit is when the true third party appeal begins, as you take the matter in front of a judge. It’s more expensive than the insurance claim route, but if you’re dealing with a denied claim and cannot convince the company to award a settlement, it may be the only remaining option.

This should generally be discussed with an experienced attorney. An experienced attorney can represent your best interests in front of a judge. It’s a stage where both parties must passionately argue in their favor to persuade the judge to rule accordingly.

If you’re not happy with how the judge ruled, you can also appeal their decision. This won’t start a new trial, but it will take your case to the Missouri Court of Appeals, which is a higher court that can either throw out your case or overrule the first judge’s decision.

You Can’t Always Appeal

In court or not, appeals are only possible when there was a mistake in assessing your claim, or if the insurance company did something wrong intentionally. You can’t file an appeal because you’re not happy with how much money you were offered, or because you think a judge may be more sympathetic to your cause. It is done only when the initial process was problematic, which affected your claim negatively. This is another reason it is important to speak with an attorney immediately following an accident.

Speak to a St. Louis Car Accident Lawyer

Reach out to a St. Louis car accident attorney for a free case consultation before you sign any document offered by the insurance company. Appeals don’t work if you agree to the terms of the company, even if they are unfavorable.

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Filed Under: Blog Tagged With: Car Accident Claims

3 Things To Consider Before Accepting a Car Accident Settlement

May 14, 2020 by Christopher

Before you accept the insurance companies’ settlement offer, there are three important things you should consider.

The aftermath of a car accident can take a toll on you emotionally and financially. A quick payout offered by the at-fault driver’s insurance company sounds like a dream. They are offering you some quick cash you can then use to get yourself back on your feet.

However, before you sign on the dotted line and accept their offer, there are three things you should consider:

insurance adjuster offering pen to sign settlement offer

1. How Much Your Case Is Worth

The insurance company knows how much your case is worth. After all, they have a lot of experience with this sort of thing. But do you?

A car accident settlement should account for:

  • Medical bills
  • Pain and suffering
  • Property damage
  • Mental health treatment
  • Future medical needs related to your current injuries/conditions
  • Costs you’ve added because of the accident (like car rental costs if yours cannot be used)

When you add all these costs, especially the future ones that have to be estimated, that can reach a big final amount, and there is simply no way an insurance company will offer that right in the beginning. Instead, they will usually present a lowball offer and urge you to accept it. And if you’re pressed for time, you may want to accept it, even if it’s nowhere near what you’re entitled to.

2. Those Parts the Insurance Adjuster Doesn’t Mention

The settlement document can have some clauses the insurance company won’t take the time to explain to you. One of the most damaging is a liability release.

This, if you sign it, generally means you waive your right to seek any future reimbursements or damages that may appear later in the game. So, for instance, if your medical condition worsens and you need more treatment than initially thought, you cannot go back to the insurance company and re-negotiate, even if technically you’d have this right. You should carefully read the settlement to have a full understanding of what you’re signing.

3. How Much They Insist You Should Accept the Offer

Again, the insurance company knows exactly what your case is worth. And sometimes, car accident claims can be worth a lot, which is bad news for the company. So they offer a lower settlement and try to convince you to sign it.

They may be very adamant that this is a generous offer, that they’re sympathetic to your situation, and that you should accept the offer fast. They may even threaten to pull the offer soon to give you an extra jolt. The thing is, if the insurance seems a bit desperate to get you to sign, it may be because your case is worth a lot, more than you ever thought.

Speak With an Experienced Attorney Before You Sign Anything

Don’t sign any settlement before you discuss it with an experienced attorney. Your case may be worth a lot more than the insurance company is claiming. Your attorney can review the details of you case and help you protect your right to the full amount of compensation you are entitled to.

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Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: Car Accident Claims

How To File a Whiplash Car Accident Injury Claim & Recover Compensation

May 6, 2020 by Christopher

Whiplash is a common potential injury in a car crash, as it occurs when your neck and head are forcefully jolted back and forth.

If you are the victim of a car accident and suffer from whiplash as a result, you may be legally entitled to seek damages from the at-fault party, and cover your medical treatment this way. And the way to do that is through an insurance claim with their carrier. Here’s how to file a successful insurance claim for whiplash to get compensated:

man with chronic pain after a car accident

1. File a Police Report

You should start filing the insurance claim by calling the police and having them create a report of the events. Police reports are seen as unbiased accounts of events since they have no gain about who gets compensated or how much. This can help you a lot during your claim.

2. Call a Lawyer

Perhaps one of the biggest mistakes you can make in any insurance claim is to not work with a lawyer. Car accident attorneys can help make sure your rights are protected, and that you can continue to seek your whiplash treatment without fear you won’t be able to pay for it.

3. Stick to the Facts

When filing an insurance claim, whether it’s your company or the at-fault driver’s, an insurance adjuster will want to talk to you about the accident. In a way, you’ll be giving a statement, so it’s really important to be careful about what you say.

Your safest bet is to always stick to the facts: the date, time, and place of the accident, and the fact that you are receiving medical treatment. Do not offer any information about your whiplash, or what kind of treatment, how you’re feeling, as these can be later interpreted by the company and hurt your claim.

4. Don’t Admit Fault, or Allude to It

During the claims process, it’s best to let the evidence speak for itself, so you should never admit fault or even partial fault. Remember Missouri has a comparative fault system, and if you agree that you are 30% responsible for the crash, you can only recover 70% of your damages.

5. Speak With an Attorney Before Agreeing to an Independent Medical Exam

The adjuster may request you see their physician for an independent medical exam, but legally speaking you are not necessarily required to do so. Your medical bills and records are generally enough for the insurance company to make a decision regarding your claim, and their request for an additional exam is just a fishing expedition. If the insurance company is requesting that you see their physician, discuss this with your attorney.

Speak With a St. Louis Whiplash Lawyer

Whiplash injuries can require a lot of treatment, and if you don’t want to have to pay for it out of pocket, contact a St. Louis car accident lawyer right away for help with your insurance claim.

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Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: Car Accident Claims, whiplash

What If I Can’t Afford a Lawyer for My Car Accident Case?

May 4, 2020 by Christopher

Car accidents often leave victims with personal injuries, property damage, lost wages, and other problems that are not only stressful but also put a financial strain on them. Dealing with the aftermath of a car accident usually means negotiating with insurance companies, giving statements to the police, being seen by doctors, and so on.

In this context, it’s easy to see how things can get overwhelming, especially for those who have never dealt with legal or serious medical issues before. Hiring a lawyer is certainly a great idea. However, you may be wondering: who can really afford it?

man speaking to st. louis car accident lawyer

What Is a Contingency Fee?

Most people are familiar with the fact that a lawyer is paid on an hourly basis and that the costs of legal help can be quite high. With this belief in mind, it’s understandable that so many people hesitate to hire a lawyer, even if they really need one. 

Fortunately, in personal injury cases, the fees are established differently. Most lawyers who specialize in these types of cases will work on a contingency fee. 

Essentially what this means is that in instead of taking a fixed fee or demanding an hourly fee, regardless of the outcome of your case, personal injury lawyers agree to receive their fee only if they get you a settlement or if they win the case in court. This protects car accident victims from being left with medical and legal expenses on top of a losing case. It also provides a guarantee that your lawyer will do their best to get you the biggest amount possible.

The Contingency Percentage

When you are browsing for a St. Louis car accident lawyer, you are obviously looking for the best one out there. Naturally, there are expensive lawyers and more affordable ones. Contingency fees are defined as a percentage of the final settlement you will get. 

You can expect a contingency percentage ranging between 20 and 40 percent, with 33% being a common choice. This percentage can vary with the complexity of the case, and it may go higher if the case goes to court.

Other Payment Details You Should Know About

Besides establishing the contingency fee, you should discuss payment details with your lawyer during your first consultation (which is usually free). Be clear about when the fee will be paid, who pays for the legal taxes (which are separate from your lawyer’s fee), and if there is any arrangement possible regarding medical fees that you can’t afford. 

Yes, You Can Actually Afford a Lawyer 

As you can see, hiring a St. Louis auto accident attorney is significantly less risky due to the contingency fee system. If your personal injury lawyer demands a fixed fee, it’s likely a sign that they are not confident in winning the case. 

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Filed Under: Blog Tagged With: Car Accident Claims, Medical Expenses

Are Dashcam Videos Admissable in St. Louis Auto Accident Claims?

May 1, 2020 by Christopher

Dashboard cameras, or dashcams, are increasing in popularity as a security measure for Missouri drivers. They are no longer present just in law enforcement vehicles, but regular people often purchase these pieces of equipment and install them in their own cars.

You may be wondering: in the event of a St. Louis car accident, is that footage admissible?

dashcam after car accident

Are Dash Cams Legal in Missouri?

The short answer is yes. Currently, there are no legal restrictions for dash camera usage in the state of Missouri. Many other states, however, do impose certain restrictions on dash cameras. So, if your accident takes place out of state and the matter needs to be resolved elsewhere, restrictions will likely apply to your car accident claim.

Dash cameras record and store videos, and are designed to operate independently. The driver does not need to perform any action while driving to activate it. Some more expensive equipment can have different types of features, such as parking mode where they continue to record video footage even when the vehicle stops.

Are These Videos Admissible?

According to Missouri courts, you can admit video footage of an accident into evidence. Most of the time, these cases go through one of the drivers’ insurance companies, who may or may not have dashcam policies. However, even if the company is reluctant to accepting dashcam videos or denies introducing them into evidence, your St. Louis car accident lawyer could argue it’s relevance and take the matters in front of a judge.

However, that doesn’t mean all dash camera footage is valuable or can help a case. For instance, if the video footage is of low quality (grainy, blurry, etc.) then it may not effectively show what happened at the scene.

This is often an issue particularly if the accident takes place at night. Most people purchase more affordable cameras that have a difficult time recording when there is little light, so it’s possible for the footage not to reveal anything important.

Speak With an Attorney

In the event of a car accident where you get injured, you may be entitled to compensation. Please contact an experienced St. Louis car accident lawyer before you file a claim with the other driver’s insurance company. These cases require a lot of evidence that proves your side of the story, and an attorney can help you acquire it. 

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: Car Accident Claims, FAQ

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    Copyright © 2021 The Hoffmann Law Firm L.L.C.
    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.