| AUTO ACCIDENTS
What
should I do after an accident?
Should I try to handle my claim without talking with a
lawyer first?
How much is my case worth?
How
will my medical bills get paid?
What
should I do after an accident?
| 1. |
Many people do not notice their injuries
until hours or even days after the accident.
Serious injuries are often left untreated for
days because people think pain and discomfort
are expected after a wreck. It is important to
be checked out by a qualified medical provider
as soon as possible to eliminate life
threatening injuries that frequently do not
exhibit serious symptoms. |
| 2. |
After medical treatment, photograph the
damage to your vehicle, the wreck scene and any
other vehicle involved. |
| 3. |
Photograph your visible injuries or have a
family member photograph your injuries. |
| 4. |
Document the names and contact information
of any witnesses. |
| 5. |
Get the name, contact information and
insurance information of the other involved
drivers. |
| 6. |
Call law enforcement immediately so that
they can secure the crash scene and document the
accident. |
| 7. |
DO NOT make any statements regarding your
fault or partial fault for the collision as well
as injuries. Often, after a wreck, people do not
think clearly and insurance carriers will use
the trauma and the adrenaline to obtain
statements that are not accurate. For example,
as #1 above explained, many injuries, including
life threatening injuries, can go undetected for
days. A statement to an insurance carrier could
easily include the following response, "No, I'm
not really injured" when, in fact, there is
serious injury. |
Should I try to handle my claim without talking with a
lawyer first?
We understand the desire to try to handle your injury
claim without the involvement of a lawyer, but you
should be aware that insurance companies have only their
best interests in mind. Many adjusters receive bonuses
for settling claims that are settled without a lawyer
ensuring you receive compensation you are entitled to.
They receive bonuses because it saves the insurance
carriers and the insurance industry money that is owed
to you. The simple fact is, the vast majority of injured
claimants receive more (and accurate) compensation with
a lawyer representing their interests as opposed to
settling their claim without representation. This holds
true even after the lawyer earns a fee.
When a lawyer is not involved, generally an adjuster
talks with you, voices some concern regarding your
injuries and then begins the 3 Ds, better known as
"Delay, Deny, Defend." The adjuster delays informing an
injured party they are entitled to lost wages, advance
payment of their medical bills prior to any settlement,
mileage reimbursement to attend appointments and other
compensation. Frequently, medical bill payments are
delayed causing an injured party stress and anxiety
about potential bill collectors. Injured parties should
not be concerned about being turned into collections for
necessary medical treatment. This is done to pressure an
injured party into premature settlement. Another tactic
used by the insurance industry is to "deny" medical
bills. Frequently, the adjuster will tell you that you
can only see "approved' providers. This is not true. The
insurance adjuster will not only deny some necessary
medical treatment - the adjuster will also attempt to
negotiate lower payment often times frustrating your
treating medical provider.
Likewise, insurance companies frequently try to obtain
information they do not have a right to. Often injured
people or family members of an injured relative are
given inaccurate representations of what they are
entitled to under the law and pressured into making
hasty decisions. When confronted with this situation,
the focus should be on healing. Our firm is well versed
in Montana insurance law. We handle the paperwork and
the insurance companies which allows our clients the
time and freedom to heal.
You should seek the advice of a lawyer before contacting
an insurance adjuster. This holds true even for your own
insurance company. Insurance adjusters represent the
best interests of the insurance company. It is the job
of the insurance adjuster to settle the case for as
little as possible and as quickly as possible to
maintain industry profits. Once you settle your claim,
you are not able to re-negotiate later. This is true
even if it is your own insurance company.
What is my personal injury case worth?
While there is no way to determine the exact value of a
case, especially right after an injury, Kortum Law
Office, P.L.L.C. will look at a variety of factors that
may increase the value of your claim including:
| 1. |
Previous jury awards for your particular
type of injury |
| 2. |
Severity of your injury or injuries |
| 3. |
Whether or not your injuries will continue
to affect you for years to come |
| 4. |
Wage Loss as a result of your injuries |
| 5. |
Severity of the crash |
| 6. |
Value of property damage done to your
vehicle |
| 7. |
The amount of pain and suffering you must
endure as a result of your injuries |
| 8. |
Impact of injuries on everyday life and
everyday activities |
How
will my medical bills get paid?
In some instances, your own auto insurance company will
pay your medical bills. If you have "Medical Payments
Coverage" on your policy (also referred to as "medpay"
or "PIP" in some other states) your insurance company
should pay up to the amounts allowed under Montana Law
and the terms of your policy.
If you were injured by a driver without insurance and
your insurance policy includes uninsured motorist
coverage, your insurance company should pay your medical
bills under that provision of your policy as well as
your medical payments coverage.
If the at-fault driver was insured at the time of the
accident, their insurance company is responsible for the
cost of your medical bills for your injuries related to
the accident, even if you have other insurance coverage
that will also pay.
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