Had an Accident
Legal :: Tort Law: Refuge of the Injured | ArticleBiz.com
December 2, 2010 | Author admin
In today’s harsh realities, people from all walks of life are always at the risk of getting into various accidents. More often than not, other people or groups of people have been engaged and could be held liable with the accidents that happened. It may be due to their connection in school, at work, or at a given community. Depending on how the physical, mental, or emotional harm is sustained, these incidents bring about personal injuries which may be slight or serious.
Consequently, personal injury law, otherwise known as the tort law, acknowledges the wrongful acts inflicted to an affected party and therefore giving him the right to file a case in court as long as his claims can stand and have sufficient merits. Some torts can be considered as criminal offenses that can cause the imprisonment of the accused. On the contrary, the tort law was enacted to provide help and justice to the victims who incurred injuries and prevent it from happening again which may further harm others and eventually cause more serious damages or even intensify the consequences.
More so, personal injuries are classified into three general categories. First, intentional torts, which are classified to those criminal acts – the accused have or should have the knowledge on what will be the effects of his acts or failure to act such as striking a bystander with much intent of afflicting him. Second, the negligent torts are those incidents that happen due to the defendant’s irrational and precarious acts like defying traffic regulations that set off a mishap causing injuries to a pedestrian. Last, strict liability torts are those that are established when an act results to inflicting damage to other people and do not rely on the extent of cautiousness done by the defendant. Thus, producing and selling substandard products can be included in this category. Though, there are also the so-called specific torts, like negligence, assault, battery, trespass, products liability, and intentional infliction of emotional distress among others. Accordingly, these general categories of the tort law draws out the theory for each separate case being filed by an injured party. For instance, the improper and incompetent approach of a medical practitioner, way ward the standard procedure, that causes further deterioration of a patient’s condition can be a clear grounds for the patient to file a case against the negligent doctor. Meanwhile, the hospital can be sued for liabilities because of employing the negligent doctor. An altogether different case would then occur if evidences point the doctor to intentionally prescribing the wrong medication for the patient.
Furthermore, there are accepted principles that govern on what types of damages can be expected by a person. Nonetheless, whatever damages those are, the needing payment by the accused party would depend on the case established by the injured party. Some may sue for an injunction to prevent the continuation of a treacherous conduct or operation. Some demands for monetary damages. Other types of damages the injured party may recover are as follows – loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. In brief, in tort law, the damage is defined as a remedy that comes in a form of monetary compensation to the harmed party. One may also seek the assistance of a qualified lawyer to help him out in this legal matter.
via Legal :: Tort Law: Refuge of the Injured | ArticleBiz.com.
Definition of Bodily Injury – Law – Personal Injury
December 1, 2010 | Author admin
Definition of “bodily injury”
A quick check on the Internet leads to many sites that provide definitions about injuries. However, the only definition that counts after you’ve been in an auto accident is the one listed in your auto insurance policy.
Check your auto insurance policy
Here are a couple of examples of General Definitions taken directly from auto insurance policies:
* Bodily injury means bodily injury to a person, including resultant sickness, disease or death.
* Bodily injury means any bodily injury, sickness, disease or death sustained by any person.
Bodily injury refers to injuries sustained
There you have it. Bodily injury is damage to your body that may show up now or later as injuries, illnesses, diseases, or even death. Bodily injuries are specific to something that happens to you that results in damage. Those injuries can be to the body, mind, or emotions, as opposed to an injury to property.
The most common forms of bodily injury are injuries to the neck and back (commonly called whiplash) or simply bumps and bruises.
Insurance companies may refer to underlying injuries as soft tissue damage. More significant injuries affect the limbs, brain and head, or spinal cord, and can cause a lifetime of damages. Here you will require Vancouver WA Personal Injury Lawyer to fight for justice by providing enough proof.
Reaction at the scene of an accident
At the scene of an accident, the adrenaline kicks in. Your body’s natural reaction is “fight or flight”, and most people are just scared and shook up, not always aware of what could be serious injuries.
So when you suffer bodily injury, protect your rights by the words you use. Instead of saying, “I’m fine,” just say something like, “I’m not sure… it’s all so sudden.” After all, how can you really tell in the rush of that moment?
Damages may not be visible
The thing that most people may not realize until later is that physical damage may not be readily apparent. Even broken bones might not be noticeable. In cases of whiplash, there may be no bruises or scraping, but the ligaments, connective tissues, and muscles may have been stretched and snapped to the point of damage that is not immediately evident. Such injuries may not be identified without an x-ray, MRI, CAT scan, or other diagnostic tools.
So what is personal injury?
The term “personal injury” is often used by victims to find an attorney who specializes in such cases, as our office does. Think of personal injury as an “umbrella” term that covers not only your bodily injuries, but other damages as well.
Educate yourself about your rights in an auto accident
Everyone deserves to find out if they have a claim. It’s better to learn about your rights sooner than later, though. For example, even in a simple conversation with an insurance company, you may say things that later might make it difficult to reach a favorable settlement. That is true whether you are talking with your own insurance company of the one that represents the other driver.
It’s better to consult with our offices immediately after the accident, to protect your rights and make sure you see medical providers who truly care about your injuries and are careful to document their findings.
My next blog will discuss some of the damages other than bodily injury that can affect your claim.
Steps to be taken in case of car Accident
December 1, 2010 | Author admin
We any ways have to be careful in our day to day life, but unluckily bad things do happen. Follow the below given 13 steps if in case you come across any car accident:
1. First thing you need to do is to notify the police on time and call ambulance if in case of serious injury.
2. Do work together with the accessible authorities who come to the scene.
3. Take based on reason steps to safe guard your vehicle from any other loss. Consider moving it out of the traffic.
4. Further try to record every thing what every possible on the scene. Your notes should carry the details of accident, recognition of the autos and people available, and the names and badge numbers of all urgent situation personnel. Take pictures in case possible.
5. Insist on breath tests if you estimate drugs or alcohol are involved.
6. Do not agree on money in any case. Do not confess fault. Do not agree on fail to notice about the auto accident.
7. Have a carbon copy of all police reports.
8. Have the insurance company inspects and evaluates the scratch before any steps are taken to repair it.
9. Cooperate with the auto insurance carrier agent in the examination, protection or settlement.
10. Send your car insurance carrier copies or lawful papers received in relations with the accident as soon as possible. Be sure you keep the originals copy with you.
11. If you are injured, submit to physical tests by physicians selected by the insurance carrier as commonly as they reasonably require. (The insurance carrier do pays the cost of these examinations.)
12. Give your support for the car insurance carrier to get medical reports and other applicable records.
13. Now its time to file a claim.
14. After filing a claim you require to keep a record of expenses you incur as a result of an auto accident, as it may be repaid under your policy.
15. Store copies of all the paperwork in your own managed files. You might be required to refer to it later.
Recorded Statement — Do I have to give one after a car accident?
December 1, 2010 | Author admin
The recorded statement is a guarantee step in the claim investigation process.
Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.
You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.
Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).
The cooperation clause is just that, a clause that requires you to help the insurance company�s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.
Benefits v. Harms of a Recorded Statement
The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person�s version of events was �more convincing� because she/he was willing to put their words in a recording.
The harms of giving a �bad recorded statement �could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.
If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party�s insurance carrier asks for a recorded statement, have them contact your insurance company and �share� a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).
Here are the best 10 tips of what you should do before you give a recorded statement:
1. Make sure you have time to talk. Secure at least one hour of your time.
2. Make sure is time that work s for you and the adjuster�s. Do not do it before the adjuster�s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.
3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.
4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.
5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.
6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.
7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.
8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.
9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.
10. Be polite and respectful. If they are rude or anxious, the adjuster�s supervisor will probably side you. But if you are rude, your complaint will be dismissed.
via Recorded Statement — Do I have to give one after a car accident?.
Tips to ensure your claim is processed in a timely manor
November 29, 2010 | Author admin
There are a couple of key factors that will help process your claim within a timely manor:
1. Be sure to fill out all of your personal information on each claim form. Sometimes the company will ask for the information several times on each page, it is necessary for you to complete the information each time. It seems redundant, but it is necessary.
2. Make sure to give your physician the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
3. Make sure to give your employer the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
4. We will also need a copy of your Operative Report faxed to our office.
5. We will need ANY copies of itemized statements, chiropractor visits, or any doctors visits.
6. Claims should be filed within 14 days of the accident or sickness. The sooner we receive your completed paperwork, the sooner the claim is filed and processed.
7. You can check on the status of your claim 24 hours a day by visiting the Insurer’s direct website or by contacting our office.
Posted in After Car Accident, Auto Insurance, Cancer, Car Insurance Claims, Claim, Critical Illness, General Info, Had an Accident, Homeowners Insurance Claims, Hurt at work, Income Life Insurance, Injured, Insurance Claims, Liability Insurance Claims, Life Insurance, Life Insurance Claims, Make a claim, Property Casualty Insurance, Property Damage Claims, Sickness, Umbrella Policy, Worker's Benefits, Workman's Compensation | 
No Comments »
Insurance: 21 Auto Insurance Claims FAQs | ArticleBiz.com
November 29, 2010 | Author admin
Following are 21 auto insurance claims FAQ’s:
1. What is an auto insurance claim? Claim by made a policyholder to his auto insurance company in case of an accident or any other damage to his car.
2. When I can make an auto insurance claim? You can make an auto insurance claim within a specific period of time after you car has been wrecked in an accident or by other genuine means.
3. When will I have to pay for deductibles? You will have to pay for the deductibles if your accident is under the comprehensive or collision coverage.
4. Will the company cover cracks in the windshield? In case the cracks have resulted from colliding with any other object, vandalism, theft, storm, etc: yes.
5. How long will it take to get a respond from the auto insurance of a claim made? That depends on the efficiency of the company and sufficiency of your documentation.
6. What is a third party claim? If the at fault party has liability insurance; your filing a claim with their insurance company is the third party claim.
7. Can I make a claim if drunk? You will not be covered and also be fined for driving under influence.
8. What If I am involved in a fraud scam claim? Report immediately to the police and your auto insurance company.
9. Can I make a claim if a friend was behind my wheels during an accident? The claim settler from the company will decide who will be held responsible.
10. What if someone makes a false claim? Report immediately to the police and the auto insurance company.
11. What do I need in order to make a claim? You need to organize specific documentation to prove the genuineness of your case.
12. How do I realize which coverage supports my claim? You can either receive help from your auto insurance company’s representative or go through your policy in detail to see which coverages protect your claim.
13. Will making claims affect premiums? Claim making will increase premiums.
14. Will making claims cancel my policy? Cancellation of policy usually happens to only high risks drivers and frauds.
15. When is one given SR-22 forms? When a high risk driver consistently violates rules, then he is given them.
16. Does auto insurance pay wholly for claims? In case of comprehensive and collision coverages, deductibles apply.
17. What should I include in my claim statement? Include all the documentation that shows that your case is genuine along with the police report.
18. How can I make my claim stronger? By taking testimonials from those present in the scene and adding snapshots of the accident.
19. What happens if I am caught during a false claim? Your policy will be cancelled and driving rights seized.
20. If my policy is cancelled due to high risk driving, can I make claims through any other auto insurance company? Yes; through acceptance auto insurance.
21. When should I not apply for a claim? If the damage caused to your vehicle is lesser than the deductible. These 21 auto insurance claims questions will help you towards understanding the claim making process.
via Insurance :: 21 Auto Insurance Claims FAQs | ArticleBiz.com.
Types of Life Insurance Riders
November 15, 2010 | Author admin
Accidental Death Rider: The rider provides extra benefits equal to the minimum sum assured while taking the base policy. It is applicable only if the insured dies during the policy term due to accident. Since in most cases the rider benefit promises a sum same as the underlying policy assured amount, it is also called Double Indemnity Rider.
Critical Illness Rider: Also known as Accelerated Death benefit, this rider allows an insured who is diagnosed with terminal illness and may require long term medical care or who requires confinement to medical home permanently; to withdraw part or whole amount of death benefit from the basic insurance policy. The basic insurance policy reduces by the amount withdrawn under rider. The rider helps the insured and his family meet immediate financial needs of medical treatment and loss of regular income generated by the insured. The rider generally specifies the amount available to insured in such cases and can be withdrawn by him during term of policy.
Accidental Death, Disability or Dismemberment Rider: The accidental death rider can be sometimes extended to include any permanent or long term disability lasting at least for 6 months or loss of limbs or sight due to accident.
Level Term Rider: With this rider you can attach a fixed amount of term insurance to your basic permanent life insurance policy for a certain period. The amount of benefit assured can be multiple times the basic death benefit from the original policy.
Waiver of Premium Rider: This rider helps the insured to continue with his insurance policy even if he/ she are unable to pay regular premiums due to long term or permanent disability. By default a life insurance policy can expire if the premium is not regularly paid. Incase if the insured suffers from a disability that prevents him from earning a regular source of income, the insurance policy premiums become difficult to bear. This rider allows the insured to take waiver from premium payments until the disability lasts or for the entire policy period in case of permanent disability. The terms of proving disability and its valid duration vary from company to company and across different policies.
Guaranteed Insurability Rider: Also known as Renewal provision, this rider allows you to buy extra insurance at certain periods during the specified term of rider. Without letting your existing policy elapse, you can purchase additional insurance or convert basic term insurance without proving insurability or having to undergo fresh medical examination. The rider is most beneficial to those who may experience major medical illnesses or loss of health due to advancing age, as there is no need for fresh underwriting. It also allows to add more insurance with changing life circumstances like marriage or arrival of newborn.
Family Income Benefit Rider: This rider provides a cushion in case of sudden death of the insured during policy term. While taking the rider, the insured needs to select the time frame for which he wants his family to continue receiving benefits. According to their comfort level, the beneficiaries will have the option of receiving regular monthly income or taking the entire benefit as lump sum after the death of the policy taker. As the insured grows old the duration of rider decreases. This rider is most beneficial to families with single bread winner.
Car insuarnce – greatest tips
November 8, 2010 | Author admin
Share
Most of your toenails torn than sue? Well, you are not alone, after an accident or theft of the car, most people do not want to suffer through a long-winded claims.
The procedure for claims after a car accident, is supposed to be easy. After you claim, preferably in an intelligible form, a regulator estimates the cost of restoring the car and the insurance company writes you a check for that amount. Unfortunately, this process is not always so easy for millions of people who claim each year.
Here are some things you can do to settle the claims as quickly and smoothly as possible:
Wear a disposable camera in your car to take pictures of any accident scene. Record the location, time, weather, road conditions, etc. accident. Memory typically fade because notes taken on the ground, are important issues for the future.
Conversely, you can make a rough outline of damage to vehicles and property, as well as the description of any apparent injuries and other factors, if you do not have the camera. Get and keep a copy of the report to police themselves, as well.
Then call your insurer immediately: If you do not, the company could lead to the cancellation of your policy. Follow up in writing as well to ensure that your rights are protected under the law. Reread your politicians aware that the coverage you have and do not have, so you know what you can claim. Request from your agent prior to the filing of detailed information on the claims process and the fact that information about the company may need. Make sure you check the timing as well. Some policies have time limits for filing claims, introducing bills and even resolving disputes.
If your car is stolen, your initial response is to be similar to any auto accident. First, there is a police officer to visit scene and file a police report. Try to have your license plate number and the VIN (vehicle identification number) for the police. If the registration along with the stolen vehicle, try to get a duplicate copy of the transport authorities without delay. Then, notify your car insurance company immediately. Auto insurance claims for stolen cars always take longer to process because the police within a reasonable time to find stolen cars. Stay in touch with the police regarding the development of the investigation. If a car is not a realistic deadline after, get a report from the police in this regard. If the vehicle is seen, tell us immediately.
Be sure to monitor your requirements: buy your claim number and contact the insurance company or a claims adjuster for an update. Some machines insurers are able to let you monitor your claim in a position online. Sometimes write a letter to the governor or the head can get things moving. Be persistent, but not unbearable.
Double-check your policy coverage for the rental of the transport sector waiting. If the mishap was not your fault, you can get a rental car while your car is being repaired, paid for by the other driver’s insurance company. If the accident was your fault, you should have a rental reimbursement coverage. If your car was stolen, and you have insurance, your insurer is likely to award you a certain amount every day for a rental.
So, when you need to claim on your car insurance, you know that everything will be solved quickly and smoothly.
Can Your Insurance Company Afford Your Claim?
November 6, 2010 | Author admin
Choosing an auto insurance policy is often considered to be all about the price of the policy. Sure you want the best coverage you can, and you want to be sure that you will get reimbursed for the types of accidents that are likely to happen to you, and absolutely you want to have the cheapest policy you can get, but what about choosing an auto insurance company that can actually afford to pay your claims?
Filing Auto Insurance Claims
November 6, 2010 | Author admin
The auto insurance policy that you have purchased is useful only if you are familiar with the auto insurance claims. Filing an auto insurance claim is essential to cover the financial loses caused by accident, theft, vandalism, etc. People who are completely familiar with the auto insurance claims can deal with such situations in a better way. Here are some points that are essential to be considered while filing an auto insurance claim:
