Introduction

There are many common problems when you are involved in an automobile accident that require the services of an experienced, knowledgeable attorney.  The insurance company will work very quickly to contact you to try to get you to give them a recorded statement about what happened in the accident, the damage to your vehicle and your injuries.  They want to ask the questions in a way that will make it more difficult for you to bring a claim later for your damages.  The insurance company also looks for ways to avoid paying you appropriate compensation. You will need to document your damages so that you have the proof necessary to establish your right to compensation.  You need to make sure there is a police report to document the accident.  You should make sure photographs of your vehicle are taken before repairs are made to establish the severity of the impact.  You also need to be sure you do not accept the insurance companies assessment of the damage to your vehicle - you are entitled to get your own estimate and not settle for used parts.  You should also document your injuries by promptly seeking medical care.  Follow up with your physician and follow your doctor's orders.  If there is a period of time before you get medical treatment the insurance company will try to argue that you were not severely injured enough to seek immediate care.  If you fail to follow your doctor's orders they will use that to try to deny their responsibility.     

First Party Benefits:

Under most insurance polices, you will be entitled to receive what is called first party benefits.  First party benefits are paid by your own insurance company following an accident for your medical benefits and lost wages from employment following an accident.  Since the issue of who caused the accident is not an issue for first party benefits, your insurance company should promptly agree to pay for your medical treatment and lost wages.  Many times, your insurance company may try to deny payment.  You need to make sure you have an attorney with the requisite experience who knows how to deal with the insurance companies and understands the tactics they use to deny payment.  The amount of bills and lost wages your insurance company will pay depends on the limits of your insurance policy.  It can be complicated to make sure all available first party benefits are received.  You can often get access to first party benefits on vehicles that were not involved in the accident.  This often comes up if you are a passenger.   

Property Damage:

You can recover the amount of your property damage under the collision portion of your insurance policy if you have that coverage.  If you do not have collision coverage, then you can make a claim against the insurance company for the person responsible for the accident.  If you use your own coverage, you may be required to pay your deductible towards the damage.  The amount you paid as deductible can be recovered from the insurance company for the driver who caused the accident if properly presented. 

You need to be careful about how the insurance company handles the property damage claim.  They will frequently try to get you to use certain repair shops that they prefer.  You have the right to get your own estimate of repair and present that to the insurance company.  Of course, you do not have to accept what the insurance company offers for property damage. You can negotiate with the insurance company to get what is fair.  You need to make sure research is done to determine the fair value for the damage.   

   
Third Party Claim:

You can also make a claim for your injuries and lost wages from the insurance company for the person responsible for your damages.  These damages can include the injuries you sustained and the lost wages resulting from the accident.  This includes your medical bills, lost wages, compensation for the pain, inconvenience, etc. for having to deal with the injuries sustained in the accident, and in some cases what is called punitive damages.  Punitive damages are extra damages designed to punish the person responsible if their conduct was sufficiently reckless to warrant these damages.  In motor vehicle accident cases, this most often comes up when the other driver is intoxicated or is involved in racing.  An experienced attorney will know how to investigate the facts of the case to make sure all of these issues are considered.  

The handling of this part of the claim is the most difficult.  Without training in how the insurance company will defend your claim, you will often be stuck with an unfavorable result.  In addition to gathering all of the medical records, bills, photographs, witness statements, police reports, property damage assessments, black box data from the vehicles, accident reconstruction you can not make an accurate assessment of the case.  Your case is unique and simply can not be handled as a number in a legal factory. You will not be satisfied with the service or the result.     

Motorcycle accidents:

Motorcycle accidents require special attention. There are different, specific considerations in motorcycle accidents that are not present in accidents involving cars.  There are different insurance polices specifically covering motorcycles and certain benefits are not applicable.  There are also very different investigative techniques required for handling a motorcycle accident case.  There are different obstacles to overcome in presenting the best possible claim in representing motorcycle accident victims. 

In motorcycle accident cases it is extremely rare to get first party benefits. As explained above, first party benefits pay for medical bills and lost wages from your own insurance policy right away.  This means you will have to wait longer to get bills paid or to get compensation for your lost wages.  This is why it is critical to have an attorney who understands these issues and can move your claim rapidly and carefully through the system. 

Truck Accidents:

Truck accidents are also different from accidents involving automobiles. There are many different regulations, state and federal laws that need to be considered in investigating these claims.  There are very different techniques to investigate the cause of these accidents and to overcome the difficulties presented by the way these cases are handled by the police.  They often involve defendants who are difficult to track down and locate.  They may involve out of state or even Canadian companies.  You need an attorney who understands how the insurance companies for these companies will try to defeat your claim.  

Federal law imposes regulations on all aspects of truck driving.  There are rules about how long a truck driver can drive, how much rest the driver must get per shift, how often the truck must be inspected, the types of techniques the driver must use when operating the truck, how the load must be packed onto the truck, etc.  All of these facts must be investigated in order to handle these claims.  As you can imagine, the truck companies are not always willing to provide this information voluntarily.  It is critical that an experienced attorney act quickly to secure this information to prevent its loss.