Levinson Law Offices - Personal Injury Lawyer - Greater Seattle and Tacoma Area
Saturday, July 18, 2009
It can happen to anyone at anytime. You're on your way to work (home, the movies, etc) and out of the blue you're hit by someone who is not paying attention. Maybe they're texting or fiddling with their iPod, or maybe they just thought they could beat the light. Even if you're not hurt, getting in a car wreck can be a huge hassle. But it can go from a moderate inconvenience to a life changing event if you're injured.
There are several simple things you can do to avoid problems later on. Many of these things apply whether or not you're hurt.
First, try to get as much information from that person as possible. If you have access to a camera (in your car, on your cellphone), take some photos of the scene, the location of the vehicles, and the damage to both cars. you can, get a police officer to show up to the scene to take down the facts and determine fault. Unfortunately, the police may not always show up to the scene of an accident, and if they do, it may take a long time. Your cars may have to be moved from the scene, the person that caused the wreck may start thinking about how they can't afford to have their insurance rates go up and so they start making up a story of how it's not really their fault. It can be helpful to have a police officer prepare a report about the collision later on. The officer's report may or may not be used as evidence depending on the jurisdiction, but it can avoid headaches if problems with blame (liability) arise later on.
You want to notify your insurance company promptly. When you got that policy, in fine print it created a duty for you to cooperate with the insurance company. That means letting them know when you get in an accident and to answer their questions truthfully. You're not expected to know everything, but you should answer their questions to the best of your ability.
You do not have the same obligation to the insurance company for the person that hit you. This is where it gets complicated and you may want to consult a lawyer. In most states, lawyers who represent people in car accident cases, are paid on contingency (they only get paid some percentage of what they recover for you...if you don't get anything...they shouldn't get anything). So it's ok to consult a lawyer since they should not be charging you for talking to them on the phone.
The at-fault insurance company will often times contact you after an accident and try to ask you about the facts of the wreck and whether you were hurt. If you tell them you are hurt, they will probably ask you a series of questions that sound like they're trying to gather information, but is most likely going to be used against you later on. For example, if you tell them that you don't think you are hurt, and then you start hurting a couple days later, expect the insurance adjuster to try to use your earlier comment against you. Remember that the at-fault insurance company adjuster is probably rewarded by paying you as little as possible. Often they'll offer to pay you $500 by the end of the week if you sign a release giving up any right to compensation for your injuries later on. So be careful, if you can avoid talking to the at-fault insurance adjuster, you should.
If you have to talk to them, for example to get your car fixed and to get a rental car. You can tell them that you would rather not discuss your injuries until the property damage portion of your case is resolved. The adjuster may be aggressive or artificially friendly, but either way, stand your ground.
If you decide to try and settle your case without a lawyer, and sometimes that is the best thing to do, make sure you do not settle your injury claim until you are completely healed from your injury. I have received too many phone calls to count from people that settled their case quickly and then it turned out they were hurt worse than they thought and want to get out of the settlement. Try not to get into that situation.
There are several simple things you can do to avoid problems later on. Many of these things apply whether or not you're hurt.
First, try to get as much information from that person as possible. If you have access to a camera (in your car, on your cellphone), take some photos of the scene, the location of the vehicles, and the damage to both cars. you can, get a police officer to show up to the scene to take down the facts and determine fault. Unfortunately, the police may not always show up to the scene of an accident, and if they do, it may take a long time. Your cars may have to be moved from the scene, the person that caused the wreck may start thinking about how they can't afford to have their insurance rates go up and so they start making up a story of how it's not really their fault. It can be helpful to have a police officer prepare a report about the collision later on. The officer's report may or may not be used as evidence depending on the jurisdiction, but it can avoid headaches if problems with blame (liability) arise later on.
You want to notify your insurance company promptly. When you got that policy, in fine print it created a duty for you to cooperate with the insurance company. That means letting them know when you get in an accident and to answer their questions truthfully. You're not expected to know everything, but you should answer their questions to the best of your ability.
You do not have the same obligation to the insurance company for the person that hit you. This is where it gets complicated and you may want to consult a lawyer. In most states, lawyers who represent people in car accident cases, are paid on contingency (they only get paid some percentage of what they recover for you...if you don't get anything...they shouldn't get anything). So it's ok to consult a lawyer since they should not be charging you for talking to them on the phone.
The at-fault insurance company will often times contact you after an accident and try to ask you about the facts of the wreck and whether you were hurt. If you tell them you are hurt, they will probably ask you a series of questions that sound like they're trying to gather information, but is most likely going to be used against you later on. For example, if you tell them that you don't think you are hurt, and then you start hurting a couple days later, expect the insurance adjuster to try to use your earlier comment against you. Remember that the at-fault insurance company adjuster is probably rewarded by paying you as little as possible. Often they'll offer to pay you $500 by the end of the week if you sign a release giving up any right to compensation for your injuries later on. So be careful, if you can avoid talking to the at-fault insurance adjuster, you should.
If you have to talk to them, for example to get your car fixed and to get a rental car. You can tell them that you would rather not discuss your injuries until the property damage portion of your case is resolved. The adjuster may be aggressive or artificially friendly, but either way, stand your ground.
If you decide to try and settle your case without a lawyer, and sometimes that is the best thing to do, make sure you do not settle your injury claim until you are completely healed from your injury. I have received too many phone calls to count from people that settled their case quickly and then it turned out they were hurt worse than they thought and want to get out of the settlement. Try not to get into that situation.
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Car Accident Lawyer
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Car accident Tips
In many states, you can purchase insurance to cover your medical bills if you are involved in a car accident, regardless of who is at fault. In Washington State, this type of insurance is called personal injury protection coverage (PIP), and it's mandatory unless you sign a statement that you are declining the coverage. It is considered "primary" over your health insurance (your PIP coverage must be exhausted or cut off before your "secondary" health insurance will start paying your bills).
PIP insurance can be extremely helpful if you don't have health insurance or if your health insurance requires deductibles or large co-payments. The down side is that many insurance companies try their best to limit your benefits or cut them off all together.
One of the main tools for limiting or cutting off benefits is the use of the "independent medical examination" (IME). These examinations are rarely independent. The insurance company typically hires a health care provider to examine you and then provide a report to the insurance company. Usually of the same or similar type of health care provider that you are obtaining treatment from is used, but not always. I have seen orthopedic doctors do examinations when my client has only seen a chiropractor and vice versa. Most of the time (although not always), the IME report comes back and minimizes the person's injury in some way. Either the injured person was not really hurt, or their injuries should already have resolved, or they have treated for too long, or the treatment they are receiving isn't helping them. The insurance company then uses the IME report to limit or cancel payments for treatment.
The dirty little secret is that often these "independent" health care providers are making a substantial income from doing these examinations for insurance companies. The bias is clear: the health care provider has to write something negative in the IME report to justify the insurance company continuing to send people for these examinations. These "usual suspects" appear again and again in personal injury cases. Some people in the know refer to them as a not-so-nice word for "the oldest profession". This term is actually quite appropriate if you consider that these health care providers are essentially selling their expertise to the highest bidder regardless of the medical ethics involved, and there is no doctor-patient relationship in these examinations. In fact this industry became not so secret recently when the New York Times profiled IME examinations, particularly in the New York State workers compensation system:
http://www.nytimes.com/2009/04/01/nyregion/01comp.html?_r=1
The problem is that if you refuse to attend an IME they insurance company cancels your benefits anyway because it usually states in the policy that you have a duty to cooperate with the insurance company, and failing to attend the IME is "failing to cooperate." I typically counsel my clients to attend these examinations, but I prepare them for what to expect. I also request that the PIP insurance company pay all outstanding bills up to the date of the IME, and not disclose the IME results to any outside parties because often an at-fault insurance company will try to obtain the IME report to use it against an injured person. Although the IME report is probably not going to be fair, with some caution and preparation, you can minimize the damage to your case.
PIP insurance can be extremely helpful if you don't have health insurance or if your health insurance requires deductibles or large co-payments. The down side is that many insurance companies try their best to limit your benefits or cut them off all together.
One of the main tools for limiting or cutting off benefits is the use of the "independent medical examination" (IME). These examinations are rarely independent. The insurance company typically hires a health care provider to examine you and then provide a report to the insurance company. Usually of the same or similar type of health care provider that you are obtaining treatment from is used, but not always. I have seen orthopedic doctors do examinations when my client has only seen a chiropractor and vice versa. Most of the time (although not always), the IME report comes back and minimizes the person's injury in some way. Either the injured person was not really hurt, or their injuries should already have resolved, or they have treated for too long, or the treatment they are receiving isn't helping them. The insurance company then uses the IME report to limit or cancel payments for treatment.
The dirty little secret is that often these "independent" health care providers are making a substantial income from doing these examinations for insurance companies. The bias is clear: the health care provider has to write something negative in the IME report to justify the insurance company continuing to send people for these examinations. These "usual suspects" appear again and again in personal injury cases. Some people in the know refer to them as a not-so-nice word for "the oldest profession". This term is actually quite appropriate if you consider that these health care providers are essentially selling their expertise to the highest bidder regardless of the medical ethics involved, and there is no doctor-patient relationship in these examinations. In fact this industry became not so secret recently when the New York Times profiled IME examinations, particularly in the New York State workers compensation system:
http://www.nytimes.com/2009/04/01/nyregion/01comp.html?_r=1
The problem is that if you refuse to attend an IME they insurance company cancels your benefits anyway because it usually states in the policy that you have a duty to cooperate with the insurance company, and failing to attend the IME is "failing to cooperate." I typically counsel my clients to attend these examinations, but I prepare them for what to expect. I also request that the PIP insurance company pay all outstanding bills up to the date of the IME, and not disclose the IME results to any outside parties because often an at-fault insurance company will try to obtain the IME report to use it against an injured person. Although the IME report is probably not going to be fair, with some caution and preparation, you can minimize the damage to your case.
Labels:
Independant Medical Examination
Sunday, July 12, 2009
Levinson Law Offices of Kent Washington is an experienced law firm specializing in Car Accidents, Personal Injury, Motorcycle accidents, Insurance company disputes, Criminal Defense, Family Law, Medical Malpractice and more. We are specialists from Seattle to Tacoma, and work with many people in Kent, Auburn and Renton.
Levinson Law Offices helps people and small businesses. Bill Levinson started the firm in 1973. He was joined by his son, Doug, in 1999. Together, the father-son legal team gives personal attention to each case and provides effective, efficient results for each client. We handle a wide range of cases including car accidents, personal injury, criminal defense, family law, wills, construction collections, and general civil litigation.
At the Levinson Law Offices, we enjoy helping people resolve their problems. Most of our clients were referred to us by former or current clients. We appreciate the trust people put in us, and strive to do the best for each and every client. We pride ourselves on giving individual service to each and every client. When you hire us, you know you have a lawyer who is in your corner.
Our practice areas
We understand that being injured or being involved in a dispute can be difficult and stressful. Our goal is that when you hire us, we help take some of that stress away. In our personal injury practice, we stand up for the rights of people who have been injured in car accidents, dog bites, dog attacks, motorcycle accidents, as well as those who have been injured in a slip and fall, by dangerous products, and due to medical negligence. We take on the battle for our clients—the battle they often encounter when facing insurance companies. Our criminal defense practice focuses on people that are facing misdemeanor charges.
We represent individuals in family law and divorce issues. In our civil and business litigation practice, we represent small business owners and contractors in collection cases and lawsuits. We also represent both landlords and tenants in disputes. If we can't help you, we will work hard to find a lawyer who can.
We welcome your questions about any of our practice areas. Feel free to post a question to our blog or contact Levinson Law Offices via email doug@levinsonlawoffices.com.
If you interested in consulting with an attorney about your legal needs? Please call us at 253-854-7440 to speak with Doug or Bill.
Levinson Law Offices helps people and small businesses. Bill Levinson started the firm in 1973. He was joined by his son, Doug, in 1999. Together, the father-son legal team gives personal attention to each case and provides effective, efficient results for each client. We handle a wide range of cases including car accidents, personal injury, criminal defense, family law, wills, construction collections, and general civil litigation.
At the Levinson Law Offices, we enjoy helping people resolve their problems. Most of our clients were referred to us by former or current clients. We appreciate the trust people put in us, and strive to do the best for each and every client. We pride ourselves on giving individual service to each and every client. When you hire us, you know you have a lawyer who is in your corner.
Our practice areas
We understand that being injured or being involved in a dispute can be difficult and stressful. Our goal is that when you hire us, we help take some of that stress away. In our personal injury practice, we stand up for the rights of people who have been injured in car accidents, dog bites, dog attacks, motorcycle accidents, as well as those who have been injured in a slip and fall, by dangerous products, and due to medical negligence. We take on the battle for our clients—the battle they often encounter when facing insurance companies. Our criminal defense practice focuses on people that are facing misdemeanor charges.
We represent individuals in family law and divorce issues. In our civil and business litigation practice, we represent small business owners and contractors in collection cases and lawsuits. We also represent both landlords and tenants in disputes. If we can't help you, we will work hard to find a lawyer who can.
We welcome your questions about any of our practice areas. Feel free to post a question to our blog or contact Levinson Law Offices via email doug@levinsonlawoffices.com.
If you interested in consulting with an attorney about your legal needs? Please call us at 253-854-7440 to speak with Doug or Bill.
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