Wednesday, May 30, 2007

Strategies for Winning a Car Accident Injury Claim

If you are filing a lawsuit for a car accident injury claim you certainly want to win it. Fortunately, there are some strategies to help you win your car accident injury claim. First of all you will want to find a Boston car accident lawyer who has the no win no fee strategy. This means that if you don’t win the case then you don’t have to pay the lawyer. This is a great way to go because you don’t have to pay any money out unless you win a settlement and this is especially important for folks who have been injured and are out of work.

Once you find your no win no fee Boston motor vehicle accident lawyer then you are ready to develop your strategy. The first thing you will want to do is come up with a number to include in your lawsuit. The amount you will sue for is a combination of damage to your vehicle, medical bills, pain and suffering, and the like. Once you come up with that number then you are ready to file your lawsuit. Keep in mind that the insurance company for the individual you are suing will very likely want to settle. This may be in your favor as well because you know a certain amount of money will be coming your way however if the number isn’t high enough you may feel like taking it to court. This scares most insurance companies because they can lose millions of dollars in a hurry and it is because of this as well as the expensive and drawn out process that makes insurance companies want to settle. If you are offered a settlement review it, consider it, and offer a counter settlement if you are so inclined. Just don’t decline a settlement until you have reviewed it and considered your chances at winning the case in court.

If you do take your claim to court keep in mind that you will need to convince the judge and maybe even a jury of your monetary losses and emotional anguish. You can prove the damage to your vehicle, medical bills, and even lost income by bills and previous paychecks. However, the big money comes in with the pain and suffering so if you get on the stand you need to convince the judge of your emotional health and how the wreck has made you depressed, changed your personality, and the like. If you practice with your Boston motor vehicle accident attorney then you will be able to express your feelings and emotions in a way that will help you win the money you deserve from your car accident injury claim.

I Was In An Accident, Will My Car Insurance Rates Go Up?

You were on the phone, got distracted and before you knew it traffic had stopped, giving you no room to stop and you rear end the girl in front of you. Or, let's say you're driving along and a deer jumps out and rams into the side of your door.

Now, let's say you need to file and claim and get your car fixed. But, are your rates going to go up?

In the first case, more than likely they will depending on how much your insurance company pays out to fix both cars and medical bills if anyone was injured.

But, in the second example, since this will be a comprehensive claim your rates should not see an increase at your renewal. Unless you have a long history of hitting deer then the people from PETA will be out to get you. Or if you file a lot of small glass damage claims then your rates could be affected or you may have to pay a higher deductible for comprehensive in which case small glass damage will be less than your deductible and you will pay out of pocket.

Part 2: How long does an accident stay on my record?

Ok, so back to the example where you rear ended someone. We have already established that you are going to see your insurance rates go up. Now, we need to find out how long and how much will they go up.

State insurance boards usually allow insurance companies to charge for a accident for 3 years from the day they started charging for it. Not from the time you got into the accident. You got in the accident in December and your policy runs from October to April. Your rates won't be affected until April of the next year and the surcharge will drop off 3 years from that April.

How much will your rates go up? Are they trying to get back the money they paid out for my claim? You can usually expect a rate increase of between 20-40% on average per six months. They could go up even more if you lose some discounts you were getting, such as a claim free discount.

The increase is not a recoupment of the monies paid out by your insurance company. It is designed to charge you a premium based on the risk, or chance, that you will get into another accident in the next 3 years. You are a higher risk to the insurance company and they are able to charge you for the higher risk you present to them.

If it was based on how much the insurance company paid out then you wouldn't be able to afford it if you totaled out your 2004 Nissan Maxima at $25,000 and you had to pay that back within the 3 year surcharge period. Makes sense? Good, now get off the cell phone!

Friday, May 25, 2007

Car Accident Statistics

Car accident statistics indicate that at least four people involved in car accidents die every hour. These accidents could be due to the fault of the driver, the other driver, or due to a faulty vehicle. The important thing to consider is the number of deaths occurring every day, excluding the people involved in car accidents and sustaining severe personal injuries.

The main causes for car accidents are reckless and negligent driving and alcohol. Teenagers, according to the statistics, cause most car accidents Inexperience coupled with irresponsible behavior and a lack of respect for the safety precautions are the main causes for such a high number of teenage car accidents.

Another reason is the inattentiveness of the driver. Many people talk while driving, which might prove to be fatal because it distracts the driver from the road. Even though hands free mobile phones are the latest craze, the driver would be unable to concentrate on the road while on the phone. The best option would be to park and then take the call, or not take the call at all while driving. These rules have already been implemented in a number of states.

Inattentiveness can also be caused due to alcohol, drugs, or the driver being distracted by music in the car. This might prove to be perilous to other drivers on the road and might result in either distracting them with reckless driving or causing side or rear end collisions due to inattentiveness. Such negligence can even cause pileups in highways and must be avoided at all costs.

Car accidents can be very traumatic, sometimes affecting the person for the rest of their life. Other than the physical injuries that may result due to the accident, mental pressure might also result. A few precautions can eliminate the prospect of accidents on the roads and provide a safety net. It is advised to follow the safety road rules and not drive while on the phone or while on drugs or alcohol.

Car Accidents provides detailed information about car accidents, car accident injuries, car accident lawsuits, and more. Car Accidents is affiliated with Drivers Ed Games.

Thursday, May 24, 2007

Auto Insurance Accident Fraud - A Crime of Defrauding Insurance Companies

Crime is everywhere and all around us. Not all crime is requires the use of stun guns or pepper spray to thwart a potential assault or robbery. Some crimes are perpetrated by white collar or blue collar people who take advantage of others when they least expect it.

Many car accidents are merely insurance schemes designed to get the consumer to pay through higher premiums.

You are driving down the interstate when all of a sudden you are involved in a car accident. However, this is not just any car accident. You become a victim of a scheme to defraud your insurance company out of thousands of dollars. Nationally, insurance companies fork over millions of dollars a year to defend against misleading car accident claims by people profiting from these claims. How do car insurance schemes affect you? Who do you think pays for the cost of insurance scams? YOU DO!

You can prevent possible car insurance accident fraud by educating yourself on the techniques that are practiced today. Call your insurance provider if you believe you have been scammed or witnessed a scam. An insurance provider could reward you for your efforts in providing such information.

Here is a list of schemes used today by many white collar criminals.

Paper Accident

A paper accident is when a criminal actively solicits other people in the car repair and salvage industry to partake in accidents that only exits on paper. Crooked lawyers, doctors, and insurance agents are normally part of this scheme as well. The perpetrator will knowingly keep the claim less than $1,000 because most insurance companies will not investigate a claim less than this amount.

Hit & Run

A “hit & run” is when a perpetrator reports a false hit and run to their insurance provider.

Swoop & Squat

Swoop & squat is when a perpetrator abruptly pulls in front of a car (the swoop) and quickly slams on the brakes (the squat). An accomplice moves to the side of the targeted vehicle to prevent the trapped car from swerving out of the way. This is called “boxing in” a vehicle. Then all the passengers in the squat car report injuries that are supported later by a crooked medical doctor or chiropractor.

Sideswipe

This is a technique used in multiple turn lanes at an intersection. A perpetrator will continue to take multiple left turns until another car suddenly moves into the lane in which the perpetrator suddenly accelerates to force impact.

T-bone

This procedure is normally done in the absence of any hostile witnesses. The perpetrator sits and waits at an intersection and knowingly rams into a car as it passes. When police arrive to take an accident report, bogus witnesses show up all of a sudden and tell the officer that the victim ran a stop sign or a red light.

Wave

This tactic is normally done in heavy traffic and when there is a merge. The perpetrator waves to the victim and pretends to yield the right of way. As the victim begins to merge into the lane, the perpetrator accelerates his car to force an impact. When police arrive, the perpetrator falsely reports ever giving up the right of way.

Shady Helper

This could happen after an honest auto accident. A stranger accosts you after an accident and gives you phone numbers to an auto body shop, lawyer, or doctor. This could be a scam. The auto repair shop often fattens your repair cost, and the doctor may give you less than the required clinical treatment or none at all. A lawyer may try to convince you to sue the insurance company.

Most insurance schemes are performed by experts who role-play before actually committing the crime. They are normally very professional and skillful in their deeds, but that does not mean that you can take steps from becoming a victim. The following is some measure than can be taken to shift the advantage to your side.

Keep a disposable camera, pen and paper in your glove compartment. If you have a cell phone with a camera feature, this is perfect! A picture can be a valuable tool in an auto accident. After an accident, take a ton of pictures of every car including the passengers. Get as much information about every person in the accident including names and phone numbers of witnesses. The pictures along with your notes will leave little room for perpetrators to lie about the damage to their car and injury to their passengers afterwards. If you believe an accident was a setup, get good details about the accident! Protect yourself always!

What should you do if you are involved in an auto accident?

1. Exchange information with the driver.

2. Have your driver license, vehicle registration, and proof of insurance ready.

3. Count the number of people in the car and get their:

• Names

• Address

• Telephone number

• Note if they were wearing seatbelts

• Note if they acted injured only after the police arrived at the scene

4. Get the names, address, and phone numbers of anybody that witnessed the accident.

5. Contact police if you believe the accident is staged.

Remember. Even if you are not a victim in an auto insurance fraud, helping insurance companies deter insurance fraud crime benefits you, the honest consumer. The consumer will end up paying for the cost of auto insurance via higher premiums. This is something that many people do not want to do.

What these auto insurance scams can cost you

Record Blemished--Many insurance companies keep records of your driving history to measure the risk of insuring motorists. The driving history is what determines your eligibility to be insured by the insurance company. Whether an accident is faked or not, your driving record will be affected.

Victims Terrorized, Killed--Staged accidents for insurance claims is very dangerous to your health. It only takes one mistake by you or the perpetrators to take your life of the lives of your loved ones.

Premiums Increased--Everybody’s car insurance premiums go up because the cost of fake insurance claims is passed on to you, the honest consumer.

Wednesday, May 23, 2007

Car Accident - Do You Need a Lawyer?

The need for a lawyer in a car accident typically depends on the circumstances surrounding the event. However, in view of a highly litigious environment, it is essential to look at the degree of the car accident and judge accordingly. A simple fender-bender can be settled through your insurer but an accident involving bodily harm or injury may require a lawyer. If no one is hurt, then one can usually do without the services of a lawyer.

The need for a lawyer will thus arise if one has suffered some kind of permanent injury as a result of the car accident causing loss of time away from work, school or household chores. In such an event you may want to consult a lawyer for representation in a claim against the person responsible for such injuries.

An attorney or a lawyer that deals with personal injury is who you need to contact for getting your case resolved. There are some cases that need the immediate attention of a lawyer such as:




Serious injuries resulting in broken bones, permanent injuries and

hospitalization.


The result of the car accident is death.


When there are other parties involved like pedestrians and other vehicles.


The question of who is at fault has not been adequately answered.


Inaccuracies in the police report making you the party at fault.


Involving technical, medical and legal issues.


Insurance matters like low limit on liability insurance, having no insurance, not having paid insurance premiums and problems with the insurer himself.



In some other cases, an attorney can be helpful but not necessary are:




Seeking advice on settling a claim, handling negotiations with an insurer


Requiring clarifications on terms of policy and confused on what rights you may or may not have


Seeking expert advice for paperwork


Determining if insurer is acting in bad faith.


When fault is an issue.



If there is an insurance claim process, it might necessitate the hiring of a car accident lawyer. Typically, lawyers in their advertisements will urge you to contact a car accident attorney so as not to lose your right to sue at a later date. They however, hardly ever specify the circumstances under which you would be required to do the needful. So then, how does one decide whether or not the advice of a car accident attorney is necessary.

Usually, the clear-cut claims do not require much advice or consultation from a car accident attorney. This would be in cases where the liability has been clearly defined and the person has admitted his fault, wherein injuries are only minor and medical and other expenses are negligible. It would also be applicable if there are no extenuating circumstances requiring investigation such as uncertainties about insurance coverage, questions about statute of limitations, previously existing injuries to the same body parts and complicated accident scenario. Most people do not know of these problems when they happen and prefer to handle their claims on their own and only later realize the need for a lawyer to clear out the mess.

The car accident lawyer will help when you are uncertain as to who is liable, how to handle your claim or even when you are unsure of negotiating your own settlement. Similarly, if the adjuster asks you to provide medical records prior to the accident, or makes you an offer that is not in consonance with your claim or even offers to pay you in parts rather than a lump sum, you may need to consult a lawyer for further clarifications.

It is however imperative that you consult a car accident lawyer when:




The insurance company denies your claim


You are seriously injured with huge medical bills or have only

residual disability


The injured person is a minor


Your claim is valuable but proof of loss is intangible


Liability is in question


Complicated facts and circumstances surrounding your accident


The injured party has slapped you with a lawsuit.

William Brister
http://legalproguide.com -An Answer to All Your Legal Needs.

Article Source:http://EzineArticles.com/?expert=William_Brister