Automotive Collision Center Inc.

“One way to ensure you will have a hassle-free holiday weekend trip is by making sure that the vehicle you will be driving is running well. In a very short amount of time, you can identify how road-ready your vehicle is and then take steps to have the problems fixed before heading out of town,” said Rich White, executive director, Car Care Council. “A 10-minute pre-trip check is a small sacrifice compared to the inconvenience of breaking down many miles away from home.”

Winter Vehicle Prep Can Also Save Many Hours of Frustration

Your car’s exhaust system has come a long way from the old days of exhaust pipes and mufflers. Today, the exhaust system is safety and emissions control rolled into one. Your vehicle’s exhaust system consists of one or more mufflers, one or more oxygen (O2) sensors, one or more catalytic converters, a tail pipe and an exhaust pipe.

A vehicle’s starting and charging systems, along with the battery, help ensure dependable vehicle operation in all sorts of driving conditions. Make sure to check these systems regularly, according to the Car Care Council.

If you were injured in an accident, or you lost a loved one due to an accident, and you feel someone else was responsible, you may have a strong personal injury case and may be able to receive compensation for your injury or loss. Contact us for a phone consultation and our lawyers can assess your case and recommend the best course of action.

We are available to discuss your matter by telephone, in person at our offices, or we can come to you. Home and hospital visits are available.

What happens at the initial consultation

Generally, you and the attorney will discuss the facts of your case to determine what, if any, legal rights you may have. If they attorney determines that you have a valid personal injury claim, and you decide to pursue, you may enter into a fee agreement with the firm. The fee agreement document will set out in writing the distributions of any settlement award or jury award.

What will the personal injury lawyer do for you?

Once you enter into a fee agreement with the firm, your lawyer will start the process of contacting the insurance companies of the parties involved in the accident. A lawyer has experience in gathering evidence and negotiating with insurance companies, and will obtain enough information to provide you with the best recourse. He knows how the game is played and will advise you on how much you can expect to get for your settlement. Knowing what your case is worth is essential to negotiating.

Your personal injury lawyer (and his/her firm) will do all the necessary work involved in gathering evidence for your case (obtaining medical records, doctor’s notes and narratives, police reports, etc.). You will have to sign releases to authorize your lawyer to obtain this kind of information, but that should be the extent of your involvement in gathering evidence.

Don’t try to negotiate with the insurance company on your own. These negotiations (typically with the insurance adjuster) can be tricky and if you don’t know how to play the negotiating game then you may receive substanially less compensatin that you deserve. Note that the adjuster is works for the insurance company and he will be trying to get you to take the lowest settlement possible. Your personal injury lawyer will have all the necessary expertise and experience in negotiating with the insurance companies, and he will not be intimidated by the adjuster.

Your Rights

Consulting a personal injury lawyer right away when you have been injured in an accident, have lost a loved one due to an accident or someone else’s negligence is imperative. The lawyer can provide you with a confidential evaluation so that you understand your rights after an accident. You must act quickly or you may lose those rights.

The pain and suffering aspect of personal injury cases always contain some form of emotional stress. However, in many cases the injured party eventually recovers from their injuries. When someone dies due to another person’s negligence, the emotional pain that the decedent’s family and loved ones experience is difficult to restore. In addition, the individual’s unexpected death may place financial hardship on the family. If you are in such a situation, suing the individual or entity responsible for your loved ones death is a course of action you may want to consider.

Overview of Wrongful Death Personal Injury Litigation

Losing a loved one is never easy. If you are a dependent or close family member of the decedent a and the relative’s death was the result of wrongdoing by another individual or entity (such as a company), you may be able to file a type of personal injury called wrongful death. Your relationship to the decedent is only one condition that you have to meet. Depending on the laws of the state, you may also have to prove the following when contending a wrongful death personal injury:

• The decedent has a family representative overseeing their estate. If the decedent’s estate is in probate (being managed by the state) because they did not have a will, you may not be able to file a personal injury claim.
• The person or entity is entirely responsible for the death of the individual or played some part in the actions that led up to the death.
• The individual or entity responsible for the death was negligent (careless) or meant to cause harm, and this lead to your relative’s death.
• You and another surviving family members have experienced emotional injury sufficient to warrant compensation.

In comparison to other forms of personal injury, wrongful death differs in many ways. The most significant of these variances is how compensation is determined. In a wrongful death personal injury claim, the compensation in question is tied to both an emotional and pecuniary (financial) injury. Statutes of limitations (time limit to file claim) are also different in wrongful death cases than for other types of personal injury claims. States determine statutes of limitations. After death and within sufficient time to determine if there was a wrongful act committed are two time-related issues that a court may consider. A judge may start the limitation period when the person was alive, if the defendant in the case determines that the decedent was aware of the wrongful act prior to their death.

Important Considerations in Wrongful Death Cases

Wrongful deaths are probably the most distressing types of cases litigated in personal injury court. In addition to emotional pain and suffering, the compensation that is rendered in wrongful death cases is usually for the purpose of recovering the family’s financial loss. For example, the death of person who was the primary provider for a family can result in significant financial hardship. The courts may also take the type of wrongful death into account when considering an appropriate compensation for the family.

Types

There are numerous situations that can lead to a wrongful death, including the following:

Medical Malpractice: This is the most common form of wrongful death personal injury. In this situation someone in the medical field performed a negligent act that caused the decedent’s death.

Automobile Accident: This is the most common claim that is filed in personal injury. A driver under the influence of alcohol who kills someone in an auto accident is an example of negligent behavior in an automobile accident that can lead to a wrongful death suit.

Criminal Behavior: In some cases, a criminal act can be litigated in both criminal and civil court. The wrongful death personal injury claim is not typically filed until the criminal trial is over. The individual does not have to be found guilty in criminal court for you to proceed with a personal injury claim.

Work-Related Accident: When these types of incidents result in death, the employer is usually at fault for creating an environment that is unsafe. A worker that develops a fatal disease as a result of handling hazardous chemicals is an example of a work-related wrongful death.

Process of Proceeding with Wrongful Death

Although having to handle the particulars of a wrongful death personal injury case can be difficult, it is imperative that you act fast once you discover the negligent act. There are many laws and circumstances associated with the timing of a claim that courts might consider in their judgment in a wrongful death personal injury case. The following is the basic process of a wrongful death case:

1. You must confirm that the decedent’s estate has been assigned a personal representative.
2. Establish who or what was the cause of the wrongful death.
3. File the wrongful death personal injury claim. The defendant may offer a settlement at this time.
4. If no settlement is offered or you decline the settlement offer, the case goes to trial.
5. The discovery phase begins. At this time the lawyers on both teams obtain evidence to prove their case.
6. The court renders a judgment for compensation based on the specified pain and suffering experienced due to the loss of the decedent.

Your Rights

If you are the relative of someone who died at the hand of a wrongful act, you have the right to recover damages that result from a wrongful death.

People often feel guilty for attempting to recover monetary compensation because someone died. An insurance company or other defendant in a wrongful death personal injury case may attempt to make you feel that your claim is inappropriate. The majority of state laws give you the right to obtain damages due to the loss of a loved one whose death was due to negligence or another form of carelessness.

According to the United States Census Bureau, there are more than 304 million people in the U.S. With that number of people driving, walking, and carrying out other activities in their daily lives, people are bound to run into each other. Whether the incidents are accidental or intentional, result in minor or severe injuries or damage to your personal property, you have the legal right to file a tort or personal injury claim to recover damages.

Overview of Personal Injury

A personal injury is a physical or mental impairment that is caused by another person, an animal, or an entity. Property damage may be involved as well. There is usually an evident fault that causes harm or an injury. However, it is not enough to claim that a person has caused your injury; you have to have proof. The following are the main three foundations used to collect damages in personal injury cases:

Negligence: You have to prove that they were negligent. Negligence refers to actions performed in a reckless manner that result in harm to another individual. To prove negligence, you must typically demonstrate that the person causing the injury:

• was obligated to act with reasonable care
• neglected to act within reason of the law, and
• their actions are the direct result of an accident that caused you harm

A person who runs a red light and slams into your car and causes you to suffer a neck injury is a prime example of negligence. The individual had the obligation to abide by the law and stop for a red light.

Strict Liability: Safety is an important concern for manufacturers of consumer products and producers of food items. When defective or unsafe foods cause injuries, the injured party can file a personal injury claim based on strict liability. This basis of personal injury relies on the design of the product or the food item causing the injury. Recalled tires that cause a car owner to have an accident and suffer subsequent injuries is an example of a strict liability personal injury case.

Intentional Wrong: A purposeful action of an individual that causes you harm is the definition of an intentional wrong. This basis of personal injury is typically associated with criminal acts, such as assault, but litigated in personal injury court. This type of personal injury claim is usually not filed until there is a verdict in the related criminal case.

Important Considerations of Personal Injury

The basics for determining whether or not you have a personal injury case are outlined above. Which foundation you and your lawyer decide to use depends on the type of case.

Types

People often associate personal injury law with car accidents. While automobile accidents make up most of the personal injury claims that are filed in the United States, there are other types of incidents that fall under the personal injury umbrella. The following is a list of the most common types of personal injury cases:

Auto Accident: This is the most common type of personal injury case. This type of case may or may not go to trial. It is usually a matter handled between you and the defendant’s insurance company.

Slip and Fall: This category of personal injury refers to injuries you suffer as a result of a fall caused by another individual’s action. Work-related injuries typically fall under workers’ compensation. However, if your employer is at fault for your slip and/or fall, you have the right to sue them.

Wrongful Death: This type of personal injury refers to when a person dies as a result of someone’s wrongful act. For this case the decedent’s family or loved ones typically file the claim and receive any monetary judgment. Medical malpractices are the most common types of wrongful death cases.

Motorcycle Accident: A personal injury resulting from a motorcycle accident works similar to an automobile accident. The main difference in the two is the insurance law that governs the riders of motorcycles. While it won’t necessarily preclude you from filing a personal injury claim, if you do not abide by laws governing the use of motorcycles, this could become a determining factor in your case.

Dog Attack: When a dog inflicts harm on an individual, its owner may be sued. Whether or not this type of personal injury is permissible depends on if the state in which the incident takes place imposes strict liability on pet owners whose pets injures other people.

Steps of a Personal Injury Case

In a personal injury case, you are the plaintiff (person claiming the injury) and the person responsible for your injuries is the defendant. Depending on the type of personal injury case and the state in which the lawsuit is filed, the steps in a personal injury case may vary. The following are the key phases of a personal injury case:

1. Initiate a personal injury claim. This step includes officially notifying the defendant of your claim and your intentions to sue.
2. The defendant is given a specific amount of time to respond to your claims. At this time the defendant may offer a settlement.
3. People on both sides of the claim attempt to secure evidence to “make their case.” This “discovery” phase may consist of deposing witnesses and reviewing documents obtained from the defendant’s legal team.
4. Depending on the outcome of the discovery phase, the defendant may offer a settlement.
5. A trial date is set in a civil court within the jurisdiction of the offense. Depending on the type of personal injury and the jurisdiction, a jury or judge may be responsible for hearing the facts of the case.
6. A unanimous verdict (required in some states) and a judgment for compensation is rendered.

Your Rights and What You Should Do

You have the right to neglect to have a recommended surgery as a treatment for your injury. However, if you sustain further injuries that the surgery may have prevented, the person you are filing the claim against will probably not be held liable for the subsequent injuries.

Automobile accidents generally have the consequence of disrupting your life. Your life is interrupted and all of a sudden you are tasked with making an attempt to get it back on track. While you will undoubtedly not fully recover from the accident, you have the right to file an auto accident insurance claim to recover damages. This article provides information about the auto accident insurance claim process and offers suggestions for you in recovering what is owed to you.

Overview of Auto Accident Insurance Claim

After an auto accident that results in injuries or other damages, you will likely have to deal with an insurance company to recover your losses. The claims process can vary, but there are essentially three key steps: filing your claim, substantiating your claim, and negotiating a settlement.

Filing Your Claim

Probably the easiest part of the claims process is filing your claim. In regards to an auto accident, you have the option of starting the process yourself or letting your insurance company work on your behalf. The insurance company of the responsible party will want to record your statement. This usually takes place shortly after the auto accident when the incident is fresh in your mind. The insurance company will want to ask you questions about the accident. They may conduct the interview over the telephone or in person. In either case they will usually record the interview. It is a good idea to have your notes with you to make sure you don’t forget anything. If you intend to hire a lawyer to represent in the claim, you probably don’t want to offer information about the incident other than the date, time, and any other general information.

Substantiating Your Claim

It is not enough for you to tell the insurance company that you have experienced a loss as a result of an auto accident. You will need to provide evidence that backs up your claim. Your notes about the accident and damages that you have sustained is a good place to start with verifying your claim. When you are able to do so, after the accident you should write down what any witnesses have to say about the accident. Reports from professionals will carry a lot of weight in validating your claim. Medical professionals can provide a report about you from a medical standpoint. A policeman’s report can also help your case especially if the report lists that the other driver received a traffic citation for a wrongdoing.

Negotiating a Settlement

The negotiating aspect of filing an insurance claim for an auto accident may continue for an extended period of time. If you are unable to obtain a settlement from the insurance company on your own, you may consider working with an attorney who has experience with auto accident cases. If the lawyer determines that it is best for you to take your case to civil court, you will probably be able to obtain their services on a contingency basis. This means that you will not have to pay for their services unless they actually recover damages for you.

Important Considerations of Auto Accident Insurance Claim

When you file an auto accident insurance claim, the law will usually give you the legal right to file an insurance claim for several different types of damages. A typical auto accident insurance claim will typically include a request for payment for compensatory damages. These types of damages seek to recover what you have actually loss as a result of the accident, and include the following:

Medical Costs: These are damages to recover medical expenses. This usually includes bills from services rendered by doctors, hospitals, medical emergency personnel, and any other individual or service for treatment of injuries that you sustain from the auto accident.

Property Damage: In an auto accident, property damage refers to any damage to your automobile. Depending on the estimate you receive from an auto body shop, you will either claim for your car to be repaired or that you receive cash value for your totaled car. Your car will be estimated as totaled if the auto body shop determines that the cost to fix the car is more than the value of the car. If your car is totaled, you may be able to include in your claim that you receive a cash payment and buy the car back from the insurance. The amount you would have to pay for your totaled car is typically equal to the cost that a salvage yard would garner if they auctioned it off.

Lost Wages: You can usually claim recovery for wages lost between the time of the accident and the settlement date. Depending on your case, you may request damages for future lost wages. Just because you are unemployed at the time of the auto accident does not preclude you from receiving lost wages. You may be able to file for wages you would have earned had you not been involved in the accident. In this situation you would have to provide evidence showing that you could have earned income.

Steps to Take When Filing an Insurance Claim

The following steps are the steps that you should take to file an auto accident insurance claim.

1. Report the accident to your insurance company and file an auto accident insurance claim. This is an important step whether or not you are at fault or not for the auto accident. They are not required to do so, but your insurance company will probably manage the process on your behalf.
2. If your insurance doesn’t start the claims process, you need to take charge immediately. Notify the insurance company of the responsible party. You should do this as soon as practicable after the accident.
3. The insurance will complete a claim, but it is recommended that you write your own detailed report of the incident. This includes noting the particulars of the accident and any statements from witnesses or medical professional that support your claim.
4. Keep notes of everything that transpires during the case. For example, you should document visits to the doctor, damage estimates from body shops, and any time off from work.
5. Engage in negotiations with the insurance company of the responsible party for a settlement offer.
6. Receive a settlement offer from the insurance company and consider whether it recovers all of your requested losses.
7. Obtain advice from a lawyer if you are experiencing difficulties resolving your auto accident insurance claim.

Your Rights

When everything goes well, filing an auto accident insurance claim should result in your receiving the maximum compensation that you deserve. Unfortunately, it is very common for the process to become involved and difficult for the victim to recover what they are entitled to receive. If you file an auto accident insurance claim and determine that the insurance company is not handling with your case fairly and denying your claim, you have the right to file a complaint. Every state has a Department of Insurance that ensures that insurance companies abide by insurance standards. You can file your complain with this state agency. You also have the right to obtain the assistance of a lawyer to file a civil suit against the driver.

An auto accident can cause you a lot of anxiety. This is especially true if you suffer injuries and/or damage to your vehicle. Treating any injuries you experience is your first course of action. After that, you want to tend to damages to your vehicle. This article provides important information about auto accident property damage claims.

Overview of Auto Accident Property Damage

When your car becomes damaged in an auto accident, the insurance company of the responsible party will usually pay for the damages. Regardless if the responsible party is you or another driver, the type of auto insurance will determine your course of action.

Basic Liability Insurance: Basic liability insurance typically covers damage to another individual’s vehicle as well as injuries suffered by anyone in the vehicle. Many states require that all drivers carry at least this form of auto insurance with a minimum amount of coverage. Auto insurance coverage is based on certain limits. Basic liability usually does not cover expensive vehicles. If the responsible party in your case only has basic liability coverage, you may have to seek other means, such as filing a civil case, to recover damages to your vehicle. If you are the responsible party and you only carry basic liability insurance, you do not have sufficient coverage to pay for your property damages. In this case you will have to pay for the damages out of your own pocket.

Collision Insurance: Collision insurance is usually an elective form of automobile insurance. The amounts of coverage for this type of coverage are usually higher than basic liability. In addition, if you caused the auto accident, this type of insurance covers property damage to any car (including your own).

Recovering property damage resulting from an auto accident is not always an easy task. Unfortunately, you can run into roadblocks when working with an insurance company to recover property damages. Hiring an attorney may be ideal to obtain a fair settlement.

Important Considerations of Auto Accident Property Damage

The most important decision you will have to make when having your automobile repaired after an auto accident is the company that will perform the repairs. It is a good idea to obtain a minimum of two estimates for the damage to your vehicle. Depending on the insurance company you work with, they may have a body shop that they work with. In this case, you should ensure that the repair shop makes the repairs that your automobile requires. You can accomplish this by simply requesting a copy of the repair report.

Types of Auto Property Damage

When there is property damage in an auto accident, the insurance company will generally assign a claims adjuster to the case to determine how much you should recover for damage to your vehicle. After receiving an estimate from an auto shop, the claims adjuster will decide if the insurance company will pay to repair your car or pay you’re a lump sum for the total loss of your vehicle.

Repairs: If your car can be repaired, the damages will usually include charges associated with making those repairs. If you modified your car before the accident, you will probably not be able to claim these costs unless you can prove that the modifications increased the fair market value of your car. The auto shop has the option of using parts that are new or used. If they choose used parts, you want to be sure that the components are Original Equipment Manufactured (OEM).

Total Loss: An auto body shop may determine that your car is considered “totaled.” This doesn’t necessarily mean that it cannot be repaired. A determination that a car is considered a total loss can also indicate that the repair costs are close to 75% more than the fair value of the car. In this case, the claims adjuster will usually consider the option of paying you cash value for your car. If you’re interested in keeping the car, the insurance company may allow you to buy it back as part of the property damage settlement. The amount you will pay for the car in this situation is equal to the amount that it would render in a salvage auction.

The ideal situation is that your automobile is towed to an auto body shop. If your car is otherwise towed to an auto storage facility, you will have to pay for the storage costs. You may be able to recover this cost in your property damage claim.

While your car is being repaired you may need to rent a vehicle. This cost may or may not be reimbursable through the property damage claim. If it is not and you have coverage, your auto insurance may recover the cost.

Steps to Take When Your Vehicle Sustains Property Damage

The initial steps to claim property damage are not dissimilar to claims following an auto accident. The main difference with this claim is that you should attempt to provide as much evidence as you possibly can of the property damage.

1. Swap information with the driver of the other vehicle(s). At a minimum, it is recommended that you obtain their name, address, driver’s license number, and license plate.
2. Obtain evidence of the damage to your car. This includes taking pictures and keeping any components that fall off your car.
3. In auto accidents involving significant property damage, you must call a police office to the accident or report the accident within a certain number of days. The exact property damage amount and time limit varies from state-to-state.
4. Notify your insurance company. If you have sufficient coverage, you may be able to recover charges for towing your vehicle to a auto body shop. You may also be able to use your auto insurance to pay for a rental car while your car is being repaired.
5. If your insurance company does not commence claim processing, contact the insurance company of the responsible party and start a claim for property damage to your vehicle.
6. If applicable, obtain a copy of the police report.
7. Contact an attorney if you are unable to receive a fair deal when working with an insurance company.

Your Rights

Automobiles are often integral parts of our livelihood. If you’re like most people, you rely on your vehicle to get you to work. When your vehicle becomes impaired during an auto accident, you want the process to repair your vehicle to be as speedy as possible. If you’re communicating with the insurance company of the responsible party and the process isn’t moving along as fast as you like, you have the right to use your own insurance company and get reimbursed from the responsible party at a later date.

In many cases, insurance companies are associated with a particular repair shop. You have the right to request a detailed report of the repairs that the repair shop performed. In addition, you may feel it more advantageous to use a auto body shot other than the one recommended by the insurance company. State laws do not usually require that victims use the insurance company auto body shop. In most cases, it is to your advantage to use the recommended body shop because it will probably hasten the settlement of your case. If, however, you have a friend or relative that owns an auto body shop, you may trust their services more than you would a stranger.