Posts Tagged ‘Personal Injury’

car crash claim

Saturday, January 15th, 2011

Had a car crash recently and thinking of making a car crash claim, in this article I will discuss the main three reasons why you may get a car crash claim settlement. After being in a car crash accident it is not uncommon to think that you can make a car crash claim. Having had a car accident you realize that you may have expenses occurred from the injury from the likes of medical or loss of earnings and not sure how to proceed. You may not be sure what is covered under the law and require finding expert help in this field.

Finding a good lawyer is often difficult however the best thing to do is always go on personal recommendation failing that looking up lawyers on the internet is probably the next best thing. Having found a reasonable solicitor and taking into account you need to ask questions around how much will it cost and what happens if you lose the case. It is important to understand where you are and what is going to happen just in case it does not go in your favor.

 The three main reasons you may get a car accident settlement are.

Personal Injury

If you have been injured as a result of a car accident then you are likely to be a very good candidate for a settlement. The injuries can range from whiplash, broken bones to more serious injuries like head injuries the amount that can be awarded depends on the severity of the injury. Smaller injuries get smaller amounts where as larger or more serious injuries carry a heavier amount of compensation.

You legal representative will have a good idea of the amount to be expected from your injury however it is the judge that awards the amount.

Damage to your Vehicle

Having been in a car accident it is very likely that your vehicle is damaged and therefore in need of repairs. When it has been determined that you are not at fault it is possible to claim for the repairs to your vehicle from the other persons insurance company. If you have had an accident with an uninsured driver then thinks get a bit tricky however your lawyer will advise on the best course of action. If you only have one vehicle then you may also be able to claim for the days that you are not able to get to work.

Scarring and Disfigurement

If the injury you have sustained and has had a scarring or disfigurement then you may be entitled to severe compensation for the reduction of quality of life. You may be entitled to even more compensation if the scarring of disfigurement affects your marriage situation.

 

 

 

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A Fender Bender, What Now?

Saturday, July 10th, 2010

When, How and Why to Report an Accident . . .

The real question is; pay for the damage myself, or call my insurance company?

Summertime is hard enough with all of the additional traffic, but combine that with the holidays . . . and here come the fender benders.

When do you report an accident, when don’t you, and what are the consequences with those decisions? The critical points to remember are as follows:

Reporting an accident under $1,000

To the police: No matter how minor, if anyone has sustained an injury, or if you have besmirched any public property whatsoever, such as; guard rails, damage done to property, telephone poles, and yes . . . even someone’s personal yard or property.

In the most minor of cases where the damage is only with your car and under $1,000, you are not required to report it to the police.  Keeping in mind that some police authorities do have different rules of thumb.

To your insurer: Your insurance company of course have completely different rules.  Since they base their rates on ‘risk’ regardless of how minor the accident may be, you are required contractually to report it.

If there was an “incident” your insurance company wants to know about it regardless of who was at-fault. Even if your insurance company does not pay out a one penny, or in fact if you decide to pay for it yourself. If you are deemed to be at-fault or partially at-fault the accident it will count against you, and your insurance rate will increase.

Be aware that if you don’t report an accident, if the other driver does report it to their insurance company (even if there was no damage or personal injury), your insurance company will be contacted. In that case, the only report on record will be by the other driver. Their account of the accident may be wholly different from yours, and this will not do you any favours.Here’s the ‘real’ kicker!  You have a fender bender and both parties agree to repair their own cars.  You fix yours (at your expense) and several months later you get a letter from your insurance company stating that you have been ‘at-fault’ in an accident and your rate has increased.  Why you ask?  Because the other driver suddenly decided to report the accident, AND the ONLY version of the story that they have on record was theirs!  So, you didn’t report the accident which you are required contractually to do, which means they can now cancel your policy.  You paid for the repairs yourself and your rates have just increased.  You hit the trifecta my friend!

Reporting an accident over $1,000

Again, you must report all accidents to police where anyone has sustained an injury, no matter how minor or where there has been damage done to property. If you estimate the total damage to be over $1,000, you are required to report it to the police or a collision-reporting centre. (Again, some police authorities may have different thresholds).

Keep in mind, although you have reported the accident to both the police and a collision center, neither one of these agencies is responsible to call your incurance company on your behalf.  That is completely and holistically your responsibility.

The accident will not count against you, nor will your rate increase if you’re “not at-fault” for the accident.

With that in mind, should you not report the accident and your insurance company finds out about it (usually from the other driver) they can (regardless of whose fault the accident was) cancel your policy immediately or just not renew it.

Follow this link for more information on tickets and accidents.

Accidents on private property or parking lots

If you have an accident on private property the police will not come to the scene unless there are injuries or property damage.

Each driver is usually considered to be 50 per cent at-fault for these accidents by insurance companies – meaning both drivers’ rates will likely increase for six years.

Insurance companies turn to the Fault Determination Rules in the Insurance Act to determine which driver is at fault in an accident.

Tickets and accidents can be both confusing and expensive, so understand the rules.

Lee Romanov is the founder of; Romanov Report.

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