Three of West Virginia's most popular interstates (I-64, I-77 and I-79) interlace through much of West Virginia, Ohio and Western Pennsylvania. They are to blame for a multitude of accidents and deaths every year. The many coal trucks, big rigs and tractor-trailers that use the freeways contribute to the danger. These large vehicles have been responsible for deadly chain-reaction crashes.
Any time an accident occurs, the possibility of injury exists. Injuries range from a bruise on the head to paralysis, even death. If you are involved in a car wreck, you should seek medical attention immediately. Many injuries, especially those to the back and spinal cord, can take weeks and even months to become fully realized. Slipped discs, whiplash and spinal contusions can all result in months of pain and rehabilitation.
How West Virginia Auto Insurance Works
Once you have been examined, you will want to contact your insurance company and, in many cases, an attorney. West Virginia is an "at fault" state, which means that the driver at fault in the accident is responsible for the damages that occur. Unfortunately, determining fault is not always easy and in some cases accident victims end up paying more than they should.
After the police report is filed, it is usually the insurance company's responsibility to determine who was at fault for the accident. This is not ideal. Most insurance companies' primary concern is limiting how much they have to pay — your needs are secondary, if even considered at all. This is where a personal injury attorney is helpful. It is the attorney's job to work for you. In some situations, trucking experts and accident recreation experts can be employed to support your case.
Depending on your policy, you may be able to file a claim with your own insurance company to cover the damages that exceed your settlement with the other driver's insurance company. Your attorney can help sort through this complex system of determining fault and obligations.
West Virginia requires all of its drivers to carry uninsured/underinsured motorist insurance. Check your policy to see if you have this coverage. Uninsured/underinsured motorist coverage compensates you for the expenses the other motorist should have paid. Better yet, most insurance companies are not allowed to raise your rates for filing a claim due to being injured as a result of an uninsured/underinsured motorist.
Dealing with Insurance Companies
Whenever you are involved in an automobile accident, you will inevitably need to speak with an insurance adjuster. The adjuster may employ a stall-and-deny tactic in order to get some of your expenses covered by medical insurance and other sources. Your job, as the accident victim, is to prevent this.
When dealing with insurance companies, get everything in writing and have all vehicle repairs authorized before you begin. If your insurance company begins to stall, remind them that the longer they wait to get the vehicle fixed, the more it costs them in rental car and car storage fees.
Review your insurance policy before you are involved in an accident to make sure you have the right amount of coverage. Always carry emergency numbers in your wallet so you can contact a doctor, an attorney and loved ones immediately. If you are involved in a car wreck, knowing your rights and responsibilities will help make the entire process a little easier to handle.
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Showing posts with label virginia. Show all posts
Showing posts with label virginia. Show all posts
Monday, July 27, 2009
Monday, July 6, 2009
West Virginia Harley Davidson Accident Lawyer
Unfortunately, when a motorcycle accident occurs, the injuries are almost always more serious than a car accident. Fractures, paralysis, and fatalities are all too common in an accident. Many drivers do a poor job of watching for motorcycles.
Rist Law Offices represents Harley Davidson and other motorcycle riders in serious accident cases throughout West Virginia. We offer free consultations to all riders and their families to discuss whether a case could be filed. We accept all motorcycle accident cases on a contingency fee basis, which means there is no fee unless your case is settled or won in court.
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Rist Law Offices represents Harley Davidson and other motorcycle riders in serious accident cases throughout West Virginia. We offer free consultations to all riders and their families to discuss whether a case could be filed. We accept all motorcycle accident cases on a contingency fee basis, which means there is no fee unless your case is settled or won in court.
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Monday, June 29, 2009
If You are Hurt in a Virginia Car Accident, Then Call the Police!
This article is designed to help you understand why you should always call the authorities to the scene of an accident in which you were injured and why the insurance company you may be facing will hate that you did so!
You were probably taught in your first driver's education course to always call the police to the scene of any accident in which you are involved.
This really seems quite simple. However, many folks involved in accidents don't do it.
Why not?
Perhaps because the other driver promises to make sure that his insurance "takes care of everything" or that the he can't afford to pay a traffic ticket or that the damage to the cars seems minor enough to just "handle things unofficially."
So why do the insurance companies hate it when you call the police to scene of an automobile accident?
When you call the police to scene of your accident, then the police will require the drivers involved to exchange insurance and identification information.
The police may also charge the at-fault driver with some sort of traffic infraction, obtain witness information and preserve statements about the event, including descriptions of what occurred and complaints of injury.
All of this information will very likely assist you in the future with your claim and hurt the insurance company's ability to deny your claim.
By calling the police, you have made an official record of the event and can be relatively sure that the information you receive about the other driver is accurate and truthful.
After all, not many folks will give fraudulent information about themselves or their insurance to an officer of the law.
This official record will effectively prevent the other driver's insurance company from arguing that the incident did not occur or that their insured driver was not involved in the cause of your injuries. (Yes, insurance companies will deny responsibility at every opportunity, including whether their driver was even in the accident with you.)
This official record will also demonstrate that you complained of pain at the scene, which will help deflect any argument by the insurance company that you weren't hurt or that you later fabricated your complaints to manufacture a personal injury claim (another favorite of the insurance companies).
Finally, statements from witnesses or the other driver may contain valuable facts that may be later forgotten (many witnesses may not later recall things like the speed of the other car prior to the accident, the weather or the color of the traffic light at issue) or can be used to rebut a "changed story."
I don't know how many times I have been told by my clients that the other person admitted fault at the scene, but later hear from the insurance company that no such statement was made and that the cause of the accident was contested. (You may not be aware of this, but I will bet that your own automobile insurance card, which you keep in your glove compartment, contains the following instruction: Do not admit fault for the accident.
Remember, the insurance companies hate it when their drivers take responsibility for the accident because it damages their ability to deny or effectively defend your claim.
After all, these companies are in business to make lots of money, not to pay it to you!)
If you follow this rule, then you are a step ahead in the game and you will have a much better chance of successfully prosecuting your Virgnia automobile accident personal injury claim.
Source
You were probably taught in your first driver's education course to always call the police to the scene of any accident in which you are involved.
This really seems quite simple. However, many folks involved in accidents don't do it.
Why not?
Perhaps because the other driver promises to make sure that his insurance "takes care of everything" or that the he can't afford to pay a traffic ticket or that the damage to the cars seems minor enough to just "handle things unofficially."
So why do the insurance companies hate it when you call the police to scene of an automobile accident?
When you call the police to scene of your accident, then the police will require the drivers involved to exchange insurance and identification information.
The police may also charge the at-fault driver with some sort of traffic infraction, obtain witness information and preserve statements about the event, including descriptions of what occurred and complaints of injury.
All of this information will very likely assist you in the future with your claim and hurt the insurance company's ability to deny your claim.
By calling the police, you have made an official record of the event and can be relatively sure that the information you receive about the other driver is accurate and truthful.
After all, not many folks will give fraudulent information about themselves or their insurance to an officer of the law.
This official record will effectively prevent the other driver's insurance company from arguing that the incident did not occur or that their insured driver was not involved in the cause of your injuries. (Yes, insurance companies will deny responsibility at every opportunity, including whether their driver was even in the accident with you.)
This official record will also demonstrate that you complained of pain at the scene, which will help deflect any argument by the insurance company that you weren't hurt or that you later fabricated your complaints to manufacture a personal injury claim (another favorite of the insurance companies).
Finally, statements from witnesses or the other driver may contain valuable facts that may be later forgotten (many witnesses may not later recall things like the speed of the other car prior to the accident, the weather or the color of the traffic light at issue) or can be used to rebut a "changed story."
I don't know how many times I have been told by my clients that the other person admitted fault at the scene, but later hear from the insurance company that no such statement was made and that the cause of the accident was contested. (You may not be aware of this, but I will bet that your own automobile insurance card, which you keep in your glove compartment, contains the following instruction: Do not admit fault for the accident.
Remember, the insurance companies hate it when their drivers take responsibility for the accident because it damages their ability to deny or effectively defend your claim.
After all, these companies are in business to make lots of money, not to pay it to you!)
If you follow this rule, then you are a step ahead in the game and you will have a much better chance of successfully prosecuting your Virgnia automobile accident personal injury claim.
Source
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