Do I have a claim?

If you are injured as a result of someone else’s fault or negligence then you may have a claim. The fact that the driver did not do it intentionally does not matter. Your claim is not based on an intentional wrong, but rather the other driver’s negligence.

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How is my case valued?

Every case is different and unique. The value of a case depends upon the facts and circumstances of your specific case. A determination about the range of fair compensation cannot be made until relevant facts and factors are considered. The value of a claim includes medical care and related expenses, time off work, pain and physical suffering and permanent physical disability or disfigurement. While it is easy to add up the cost of medical bills and time off work, there is no precise, set formula on your pain and suffering. For example, the value of a scar or disfigurement may have very little relation to the amount of related bills associated with the scar or disfigurement.

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Is my claim worth more than the medical bills?

The settlement value of a case is typically more than the medical bills. This assumes that the medical treatment was reasonable and necessary for the type of injury you sustained. and that there was no comparative fault on your part in causing the accident. You should be compensated for reasonably related expenses such as past and future medical bills and lost wages. In addition, you can receive damages for pain and suffering. Pain and suffering can sometimes be explained in terms of restrictions, limitations, or the effect your injuries had on your life and daily routine. The value of pain and suffering can be a significant portion of the value of your case.

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Can I recover without causing the driver financial hardship?

Sometimes an injured party is hesitant to make a claim because he feels the collision was not intentional and he does not want to cause a financial hardship to the other driver. On the other hand, the injured party is frustrated because of mounting medical bills and expenses. In Missouri, state law requires liability insurance in the minimal amount of $25,000 per person, and $50,000 per occurrence. Since this is a minimum requirement, the policy available in your situation may have higher limits. The public policy behind the Missouri Legislature adopting this law is to provide compensation to the injured party.If the other driver's insurance is not adequate to cover your losses, you need to look for underinsured coverage.

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Who will pay if the other driver has no insurance?

If you are involved in an accident with an uninsured vehicle or a hit-and-run driver, then your own policy of insurance may provide coverage for your physical injuries. Uninsured Motorist coverage is required by state law and is read into the policy of insurance on your car. You should take a close look at all policies of insurance in your household to determine whether there is more money available for your injuries. Sometimes,you can add or "stack" several policies of uninsured motorist for a greater recovery.

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Can I lose the right to recover damages?

You can lose your right to recover compensation if you fail to file your lawsuit within a certain time period. Every state has certain time limits, called “Statue of Limitations,” that govern the period during which you must bring a personal injury lawsuit. The facts of one accident may give rise to several legal claims, and each legal claim may have a different Statue of Limitations. It is in your best interest to talk to an attorney as soon as you receive an injury or discover you may have a claim in order to protect your legal rights.

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Why is an accident report important?

An accident report is important for several reasons. First, it provides the name and address of each driver and the name of the driver’s insurance company. Second, an accident report gives a description of how the accident occurred, and the police officer’s opinion as to who caused the collision. Since the officer was not an eye witness, he reaches this opinion be examining evidence at the scene and taking statements from drivers and witnesses. This may include measuring skid marks to determine the speed of the vehicle and noting where the vehicles came to rest. Third, an accident report records other relevant facts such as time of day, the weather conditions and road conditions at the time of the accident. Call the police immediately if you are in an accident. If the police are not called at the time of the accident, you can go to the police station and file a statement of what happened. The police typically will not issue a ticket or complete the standard form if they do not respond to the scene of an accident.

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When should I get medical care for my injuries?

It is important to receive medical treatment for your injuries as soon as possible. This could include going to the Emergency Room, Urgent Care or your family doctor. At the ER or doctor’s office, tell the doctors and nurses all of your injuries, pains and discomforts. Too often, people only tell doctors about injuries that hurt the most. As a result, the medical records may be incomplete as to a description of all of your injuries. A record of all of your injuries and treatment helps establish your claim for damages.

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What if I am hurt, but don’t get treatment?

If you are injured but fail to get appropriate medical treatment, you put your health at risk. A record of medical treatment also helps establish your claim for damages and pain and suffering. If you are injured and fail to get the care you need, it is more difficult to prove the value of your case. Insurance adjusters often reason that a person in pain follows the treatment path prescribed by the doctor. Likewise, if you fail to follow doctor’s orders, an adjuster may think that you have fully recovered from your injuries.Insurance companies also look for gaps in your care path.

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When do I notify the insurance company?

If you are injured, it may be in your best interest to immediately contact a personal injury attorney before talking with the other driver’s insurance company. The attorney will then notify the insurance company of your claim and will protect your rights. If you are filing a claim under your own insurance coverage, your policy may require that a notice of injury be filed within a specific number of days or within a reasonable time after the accident.

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What can I do to preserve evidence?

The days following an accident sometimes are important for finding and preserving evidence. Take photos of the cars involved, the accident scene and your injuries as soon as possible. Those concurrent photos will more accurately represent the condition of the evidence immediately after the accident. Keep a log or journal regarding details of your injuries and their effects on your daily life. Having notes will be a more accurate reminder of all the details of what happened and what you went through. This will make it easier for you to recall information at a later date. Keep a folder with all the letters, receipts and general information that you may receive regarding your accident and treatment. This way you will be less likely to lose a key piece of evidence that may be needed to pursue your claim.

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Do I cooperate with the adjuster?

You have no obligation to cooperate with the adjuster from the other drivers insurance company. You do not have to give the adjuster any information or a recorded statement. The insurance company may want to take your statement in order to begin building its case against you. Insurance companies will conduct their own investigation of an accident, and you are not required to do their work for them. When you hire an attorney, they will collect and provide the information the other driver’s insurance company may need to evaluate your claim.

Your relationship with your own insurance company is established by your policy; it operates as a contract. Most polices state that to collect on a claim under your own policy, you must cooperate with the insurance company in its investigation of the accident. That means that if asked, you may be required to cooperate with your insurance and provide names of witnesses, the medical providers you are treating with and a statement about how the accident happened. It is a good idea to consult with an attorney prior to giving a statement even to your own insurance company.

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Do I have to give a recorded statement?

You are not required to give a recorded statement to the other driver's insurance company. The insurance company may want to take your statement in order to begin building its case against you even if you are clearly not at fault for the accident. Providing a recorded statement can do nothing to help your case, it can only hurt it. Therefore, if the adjuster for the other driver’s insurance company requests that you make a statement, you should refer them to your attorney. On the other hand, if you are making a claim under your own policy of insurance, you may have a duty to cooperate and provide a statement, but you probably will want your attorney to be part of that statement to protect your interest.

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Do I have to sign a medical authorization?

Soon after the accident, you may receive papers in the mail from the other driver’s insurance company. The adjuster may describe them as “just routine” or “normal procedure.” However, these forms may give the adjuster direct access to your medical, personal or work records, which may or may not include information completely unrelated to your present claim. If you are pressured to sign any forms politely refuse and refer them to your attorney. No matter what an adjuster says about any form, do not sign anything sent to you by the other driver’s insurance company until you have talked to an attorney.

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Can the adjuster limit my medical treatment?

In the case of an accident, an adjuster has no control over the type or amount of medical treatment you can seek. Often, an adjuster may argue that you are only entitled to a certain number of doctor visits for your particular type of injury. This is probably an attempt to intimidate you into not receiving the medical treatment you may need to properly treat your injuries. Adjusters know that your failure to get proper treatment or physical therapy as prescribed by your doctor may decrease the value of your case.

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How can I get the adjuster’s attention?

Retaining the services of a personal injury law firm usually gets the attention of an adjuster. As soon as the adjuster is notified that you have an attorney, the adjuster has to leave you alone. The adjuster must deal directly with your attorney. The attorneys role is to protect your rights.

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Is the adjuster looking out for my best interest?

Claims adjusters are hired to represent the insurance company. One way insurance companies save money is by not paying the full value on claims made by people injured in accidents. For example, if the insurance company value a claim at $100,000; but the injured party, unaware of the true value of his case, is willing to accept $10,000, the insurance company will quickly issue a check for $10,000 in exchange for a signed release. In other words, it is a mistake to think that the insurance company has your best interest at heart. You may want to seek the assistance of a personal injury attorney to protect your rights.

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How do I know if the adjuster’s offer is fair?

The first offer from an insurance adjusters is typically low. When you are not represented by an attorney, the adjuster may be trying to find out whether you understand what your claim is worth. Several facts and factors may be involved in figuring a range of value in a personal injury claim. You are entitled to money damages for several factors including but not limited to reasonably necessary medical bills, lost wages and pain and suffering. Depending on the severity of your injuries, you may also be entitled to receive compensation for future pain and suffering, loss of income and loss of earning capacity. The adjuster is working for the insurance company, not for you. Since you will have to live with the results of your settlement, don’t sign a release until you have talked with a personal injury attorney.

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Is there a reliable settlement formula?

Every case is different and unique. The value of a case depends upon the facts and circumstances of the specific case. The damage formula is a device some insurance adjusters use to begin the process of figuring out how much a claim may be worth. However, a final determination about fair compensation cannot be made until all relevant facts are considered. In general, the value of a claim includes consideration of such items as medical care and related expenses; time off work; pain and suffering; permanent physical disability or disfigurement; loss of family, social experiences. While it is usually simple to add up the cost of medical bills and financial losses, there is no precise way to put a dollar figure on pain and suffering, missed experiences and lost opportunities. Therefore, do not accept an adjuster’s formula regarding the value of your claim. There is no set forula in the law for pain and suffering.

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What are the dangers of signing a release too soon?

The insurance company will not give you a settlement check until you have signed a release which is typically a full and final release of any and all claims you may have against its insured. After you sign the release, you cannot go back and ask the negligent driver or the insurance company for more money. The claim is closed and the case is over as it relates to any party you released. Since many injuries can affect you for a lifetime, don’t rush into settling your personal injury claim too soon. You typically should wait until after you have been released from your doctor’s care. Before you sign a release, you need to talk to an attorney.

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Who pays the medical bills?

The most obvious source to pay your medical bills is the negligent driver’s insurance company. However, the insurance company typically will not pay the medical expenses as they occur, but will wait until final settlement. There are at least three other sources of money which may be available immediately to pay your medical bills; health insurance and medical payment coverage and Medicaid or Medicare. If you submit your bills to your health insurance, you will first have to meet your deductible and at the time of settlement, they may want to be reimbursed. The second source is medical payment coverage or “med pay” under your own auto insurance policy or the car you were riding in at the time of the accident. Under med pay, insurance will pay reasonable and necessary medical expenses as they are incurred up to the amount of coverage. It is not based on fault, and there is no right or subrogation at the end of your case. In other words, med pay does not get paid back. Finally, Medicaid or Medicare sometimes applies depending on the circumstances.

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What if I cannot pay for treatment?

You should go to the doctor until the doctor says he has done all he can do and you’ve gotten as well as you are going to get. At this point, the doctor typically releases you from his care. Unfortunately, medical treatment may often take time to produce results and is expensive. Lack of money should not prevent you from getting the care you need for your injuries. Sometimes, if the medical provider knows that you are represented by an attorney, he may wait until your case is settled to be paid. Some doctors, however, cannot afford to wait until the conclusion of your case. An attorney may be able to find other available funds, such as med pay coverage, which will help with your treatment cost. However, keep in mind that an attorney will not always be able to prevent a provider from turning your bills over to collection, which may in turn adversely affect your credit.

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What is a hospital or medical lien?

In reference to a personal injury case, a lien is a legal claim against settlement money you might receive from the liability insurance company. Holders of liens may include a health insurance plan or HMO, workers’ compensation, medical providers or Medicare. In Missouri,a statue sets out the process by which a hospital and medical provider may assert a lien.

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What is Medical Payment “Med Pay” coverage?

An auto policy may provide additional coverage to cover your medical bills, regardless of who was at fault for the accident. The insurance company will pay reasonable and necessary medical expenses up to the limit of coverage as the bills are incurred under the “med pay” provision of the policy. In Missouri, there is no right of subrogation for med pay funds. In other words, the other drivers insurance does not get a credit for the amount collected from your med pay funds and likewise, your insurance does not get reimbursed or paid back at the time of settlement from the other drivers insurance company. Claiming coverage under your car’s med pay coverage may result in a greater net in pocket to you when your case is settled.

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Why should my insurance pay medical bills?

Missouri law allows you to collect from both liability insurance and under your med pay coverage. Since you paid a premium for the med pay coverage, you should receive the benefit of that coverage. The insurance company for the negligent driver is still responsible for 100% of the damages resulting from the accident. The negligent driver’s insurance company does not get a credit and cannot reduce your recovery based on the fact that you used your med pay coverage.

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Should I submit my medical bills to my health insurance carrier?

Normally, when you are ill or injured, you look to your own health coverage – whether through health insurance, health maintenance organization (HMO) or your employer’s self-insurance program – to take care of your bills. When you have been injured in an accident, it is not unusual for the injured party to allow health insurance to help pay your medical providers. This often opens doors for treatment and helps preserve your credit. Most health insurance plans have a right to reimbursed by you, out of the settlement you receive for the medical expenses that the health plan already paid. The health plan’s right to reimbursement depends on various factors, including your agreement with the health plan provider and varies with the type of health coverage you have.

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After I sign a release, how will my future medical bills be paid?

In exchange for the settlement check, the liability insurance company will require you to sign a release which is typically a full and final release of any and all claims you may have against its insured. After you have settled, you cannot go back the next month, six months or a year later and ask for more money to pay subsequent medical bills. Before you sign a release, you need to talk to an attorney.

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What do I do about the damage to my vehicle?

Damage to your vehicle is usually paid by the negligent driver’s insurance company. You may also want to review your policy and consider submitting the property loss to your own insurance, if they are willing to offer more for your car. It is a good idea to get two or three written estimates of your damage. It is reasonable for the insurance company to examine or inspect your vehicle, but you do not have to accept the estimate based on the insurance company’s inspection. A car is considered a total loss or “totaled” when the cost of repairing the car is more than the car is worth. A car’s worth is equal to the price it would bring in your area, in the condition it was in before the collision. The price is determined by comparing your car to the current sale price of cars in your area of the same year, make and mileage along with any improvements you can document. When looking at your loss also consider any items of personal property, such as sunglasses, stereo, CD, car seat etc. When dealing with the other drivers insurance, also consider the value of loss of transportation, in the event they have not provided a rental car. The property damage claim can be settled separate from your personal injury claim. If the insurance company asks you to sign a release on the property damage claim, it may be a good idea to have an attorney review it to make sure you are not releasing your personal injury claim.

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When is my car a total loss?

A car is considered a total loss when the cost of repairing the car is more than the car is worth. In that case, the insurance company only pays you the car’s fair market value in the condition it was in before the collision. In effect, when a car is totalled, it is similiar to the forced “sale” of your car. The price is determined by comparing your car to the current sale price of cars in your area of the same year, make and mileage. Often, insurance adjusters will look at the NADA blue book, which has a link on this website.

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What if my personal property is damaged?

You have a right to be compensated not only for your injuries and damage to your car, but also for any personal property damaged in the accident. For example, an accident might break your sunglasses, car seat, CD's or stereo. It is your duty to document the loss. A photo showing you with the item is useful. A receipt, credit card slip or other proof of purchase also establishes value and ownership. If you have no other proof, you can offer to the insurance company a written statement by someone who knows that you had the item. The insurance company does not have to pay the cost of replacing your personal property. Instead, it only has to pay you the actual cash value, which is the item’s current market or resale value.

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Can I settle on the property damage claim with releasing my injury claim?

Typically, the negligent driver’s insurance company will pay for damage to your car and property soon after the accident. Damage to your car can be settled before and separate from your personal injury claim. However, you must be sure that when you settle on your car the release you sign clearly states property damage only. You should consult an attorney before signing any release to make sure that you are not releasing your personal injury claim.

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Can I afford to hire an attorney?

Because it is difficult for most people to come up with money in advance to pay an attorney, the law allows for a contingency fee agreement. In a contingency fee arrangement, the attorney agrees to accept a fixed percent of the recovery at the conclusion of the case upon recovery. The attorney is paid when you are paid. Although clients are ultimately responsible for actual out-of-pocket expenses, a personal injury law firm may advance necessary expenses to prepare your case for settlement or trial.

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What are the risks of representing myself?

Insurance adjusters receive extensive training on how to handle claims and people making claims. The first thing an adjuster may ask for is a recorded statement. This is followed by a request for a medical authorization, so the adjuster can collect and examine your medical records. A personal injury attorney, typically, would advise that you not give the liability insurance company a statement and not to sign the insurance company’s medical authorization until you talk with an attorney. Also, if you are representing yourself, you may not know your legal rights and may not know when to say “no.” If you wait to contact an attorney until you are negotiating a settlement, you may have already compromised your case.

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Will my case require a jury trial?

Every case is different and unique. However,there may be several opportunities along the way to explore reaching a fair resolution of your case without going to trial, if that is your desire. The mere fact that you hired an attorney does not necessarily mean that your case will wind up in court. But keep an open mind to allowing a jury to decide your case on the merits if the insurance company is not fair.

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When should I contact an attorney?

Since most personal injury attorneys provide a free initial consultation, what do you have to lose by becoming aware of your legal rights. It may be in your best interest to be represented by an attorney, so you need to contact them as soon as possible. If you wait too long, critical evidence may disappear. You can also lose your right to recover compensation if you fail to fail a lawsuit within a certain time period. Every state has certain time limits, called “Statue of Limitations,” that dictate the period during which you must bring a personal injury lawsuit. On the other hand, you do not want to settle too soon. If you sign a release for the negligent driver’s insurance company, you can not go back and ask them for more money. The claim is closed and is over as it relates to any party you released. Why deal with the insurance adjuster by yourself when you can speak to a personal injury attorney for free about your claim and find out your legal rights.