Northern Virginia Personal Injury Lawyer - Automobile Accidents - Most Commented

No More "Runners" In Washington, D.C.

Ben Glass — Thu, 03 Aug 2006 09:01:42 GMT

No, no, I'm not talking about the heat wave here and how no one is out jogging. I'm talking about the refreshing law change that will permit unscrupulous lawyers and chiropractors from obtaining accident reports and calling and visiting car accident victims shortly after an accident to solicit cases/patients. While technically an amendment to the D.C. Theft and White Collar Crimes Act, I like to call the new law the Protect Washington, D.C. Car Accident Victims From Harrassment by Lawyers and Chiropractors Act.

Here's the deal. D.C. is, until next week, practically the only place in the United States where a lawyer could pay a "runner" to buy yesteday's accident reports from the police and then make a person to person visit to solicit the work. Actually it's even worse. Talking to a potential client yesterday (who lives in Virginia but was injured in a Washington, D.C. car accident. the very next morning after his accident (a minor fender bender) there was a guy on his front doorstep trying to get him to sign up with a lawyer and for physical therapy! Not only did it turn this client off of this lawyer but it sure sent a message to him about all lawyers.

Next week, this will be illegal. You can read the entire text of the new D.C. "Anti-Runner" Legislation here.

Originally posted at InjuryBoard by Ben Glass

Virginia drivers beware: New law places hefty fines on bad drivers

Ben Glass — Wed, 27 Jun 2007 08:58:28 GMT

You'll want to think twice about speeding. A new Virginia law places hefty fines on bad drivers. On top of criminal fines and court costs, those who break the law will also have to pay civil fines of $300 to $1,000. (Note that these new fines only apply to Virginia citizens. So if you are from another state and get caught speeding, you only get the 'regular fines.")

Blowing through a stop light, passing a school bus while it's stopped, and driving over 80 miles per hour on any road are all against the law. Starting Sunday you'll pay dearly for doing so. They're called abuser fees. They were included in the legislature's transportation bill to raise money for new roads and rail.

Right now if you fail to turn without giving a signal, a judge can fine you up to $2,500, with a $50 court cost. The abuser fees for that crime are three payments of $350. That $1,050 does not include a criminal fine.

There's lots of people making list of the Virginia legislators who voted for this one. Apparently, it is one of those new laws that snuck through the Virginia General Assembly while folks weren't paying attention. (Then again, the bad drivers of Virginia don't have a strong lobbying group."

And, there's a huge problem for "problem drivers, " according to a press release

The new law also has strict punishments for repeat problem drivers. People who have driving records with eight or more demerit points will be charged an additional $100 upon a new conviction, plus $75 for each demerit point in addition to eight. The fees based on demerit points will not exceed $700 and the $75 per point fee only applies to demerit points earned after July 1.

Attorney Dave Albo (one of architects of the plan to assess the fees, which will eventually raise $65 million a year for transportation projects) is both a Virginia Delegate and an attorney who will represent people charged with driving offenses. Here's a very interesting blog dedicated to Mr. Albo. He was quoted as saying:

"I've had people from all around the state calling and yelling at me."

Originally posted at InjuryBoard by Ben Glass

Hulk Hogan Sues His Lawyers: What consumers need to know about car insurance

Ben Glass — Fri, 18 Sep 2009 20:44:03 GMT

Terry Bollea's (aka "Hulk Hogan") recent lawsuit against his former lawyers at Zuckerman Spaeder, has several very important teaching points for consumers.

Here's the short version of the story. Hogan's son, Nick, was involved in a very serious car crash when he was 17. In fact, his passenger was permanently injured. The Hogan family had car insurance with Progressive Insurance Company. Progressive carried $250,000 of coverage (way too low!!).

According to the a lawsuit that has recently been filed in Florida, after the accident, Hogan did not notify Progressive of the case. Instead, the family hired the Zuckerman Spaeder firm to represent young Nick in any civil claim and any criminal claim that might arise from the accident. The family agreed to pay an astonishing $550 per hour and began to deposit large amounts of money with the law firm, which worked the case to the (ultimate tune of) about $1,500,000 in fees and costs.

Now Hogan is suing is son's former firm alleging, essentially this: you never told me that Progressive would have provided me a defense that would have cost me nothing.

Teaching point #1: yes, that's true...if you cause an accident your car insurance company will pay for your defense.

Teaching point #2: if you cause an auto accident call your insurance company and report it.

What kid graduating from high school in America today doesn't know that??

This will be an interesting case because if the allegations are true these lawyers could be in a heap of trouble.

Originally posted at InjuryBoard by Ben Glass

Which insurance pays in a Virginia car accident

Ben Glass — Fri, 12 Dec 2008 19:29:00 GMT

Talked to a couple of folks this week and discovered that there is still a great misperception about which insurance companies to send the bills to after an accident. Here's my thoughts.

the defendant's insurance company--the guy who hit you--may take care of your property damage promptly, but if they don't, contact your own insurance company
the defendant's insurance company is not going to pay your medical bills piecemeal..they aren't going to pay now..they are only going to pay at the end of the case
submit your bills to your own health insurance company
submit your bills to your own car insurance company

One couple had not bought medical payments on their car policy. This is being penny- wise and pound -- foolish.

Another had only bought the minimum auto coverage ($25,000). This is a real risk. If the guy who hit you has no insurance (perfectly legal in Virginia) you are likely to not get a full recovery unless you have bought plenty of insurance for yourself.

Originally posted at InjuryBoard by Ben Glass

Injured Students from McLean Bible Church may Need to Look to Own Insurance

Ben Glass — Mon, 14 Apr 2008 11:51:42 GMT

Virginia State police are investigating a crash that occurred this past weekend, involving a bus carrying children from McLean Bible Church, in McLean.

According to published reports, at least 10 children and two adults are being treated for injuries sustained when the bus overturned near Bridgewater, Virginia. The driver of the bus had been charged with speeding.

In similar situations in the past, folks involved in accident such as this have had the following questions:

1. Who will pay the medical bills? Answer: in most cases you should use your own health insurance plan first. They may be required to be reimbursed later if there is a recovery against any negligent driver, but doctor bills should not be left unpaid in the interim.

2. What should I do if contacted by an insurance adjuster for any negligent driver. Answer: be polite, don't sign any broad medical authorizations, be aware that your conversation may be recorded.

3. Will I or my child be entitled to a personal injury settlement from the accident. Answer: impossible to say at this point. There is an investigation pending. Folks may want to contact an experienced personal injury attorney but its not absolutely necessary at this point. Folks may want to get and read The Ultimate Guide to Car Accidents in Virginia.

4. Will I need to contact my own car insurance company? Answer: maybe... your own company may have medical payment benefits that you are paid for and are entitled to. Also, depending on the amount of insurance available to cover any negligent driver and the exent of the injuries suffered by the victims, you may have to make a claim under the underinsured motorist provision of your own policy.

Originally posted at InjuryBoard by Ben Glass

Insurance coverage when an injury caused by family member

Ben Glass — Fri, 13 Jul 2007 10:19:50 GMT

The tragic death of a 14-year-old Fairfax County girl on Wednesday in a car accident in which her sister was the driver raises a question that is often asked by families: can a recovery be made in the case for the family's loss even though it was a family member who apparently was at fault in the accident?

The Washington Post reported that Olivia Aull was killed on Jermantown Road after the car in which her sister was driving crashed.

The answer to that question is that "yes" a claim and recovery can likely be made against the family's automobile insurance policy. There was a time in America when family members could not bring claims against other family members. That was long ago however and now the car insurance policy that you buy to protect your family also will provide some small measure of compensation when tragedies like this occur.

You should check your own car insurance policy and perhaps talk to your insurance agent to make sure that your family is fully protected against even the carelessness of other family members. Car insurance is relatively inexpensive and the more you buy the less expensive it gets, per dollar.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ben Glass

Bring Back Red Light Cameras to Virginia?

Ben Glass — Thu, 18 Jan 2007 05:43:48 GMT

I may be in the minority but I like the idea of red light cameras at some of Northern Virginia's busy intersections. I think they make people more aware of the danger of running red lights. Sure, some people get rear ended, but then, that means everyone has to pay more attention.

The Virginia State Senate passed legislation yesterday to restore the red lights at some Northern Virginia intersections.

Look, I understand the argument that sometimes the owner of a car gets a ticket in the mail when the owner wasn't driving. That just means you have to be careful who you lend your car too and, in my case, it might mean one of my kids ran a red light. Now I know about it.

Good.

Sen. Jeannemarie Devolites Davis, Fairfax County Republican, told colleagues that her bill would allow photo-red enforcement only in Arlington, Fairfax and Loudoun counties, the cities of Alexandria, Fairfax, Falls Church and Virginia Beach and the town of Vienna.

Originally posted at InjuryBoard by Ben Glass

Allstate Decision Leaves Insured's Personal Assets Exposed

Ben Glass — Tue, 05 Aug 2008 08:00:05 GMT

What happens when the insurance company that is defending you in a car accident case decides to throw the dice and the jury returns a verdict in excess of your insurance policy? That's an issue that we are frequently consulted on and a recent Fairfax Virginia car accident case highlights the issues and rights of the insured who is left holding a judgment that is a whopping $150,000 more than his coverage.

The case of Ki Sop Lee v. Anthony Brooks (Fairfax Circuit Court CL2007-10221) highlights the issue. Lee sued brooks for injuries sustained in a car accident. Allstate hired an doctor to examine Lee and the doctor's opinion was that Lee suffered a herniated disk that was a permanent injury due to the accident.

The case was handled by attorney David Marks of Fairfax, VA.

Lee's medical expenses exceeded $13,000. Despite the opinion of the doctor who they hired to examine Lee who said that she suffered a permanent injury from a herniated disk, Allstate offered only $6,000 to settle the case.

Lee rejected Allstate's offer but made a demand that was well within Brooks' insurance policy limits of $250,000. Allstate refused to budge, despite the advice of a neutral case evaluator assigned by the court to help get the case settled.

The jury returned a verdict of $400,000 and the judge entered the judgment immediately. This means that right now, in Fairfax County, there is a judgment against Brooks in the amount of $400,000 and he has only $250,000 in coverage.

Depending on the facts as to what was communicated to Brooks, he may have a claim against Allstate and/or the attorney who hired him.

Here are the essential points to be heeded whenever you are the alleged cause of a car accident and are being defended by an insurance company.

1. The lawyer assigned to you if YOUR lawyer even if that lawyer works directly for the insurance company.

2. That lawyer owes you a duty over and above any duty owed to his employer

3. The lawyer's duty is to keep you fully informed as to the status of the case, settlement negotiations, medical reports, settlement status conferences and the like. That lawyer is typically reporting to the insurance company and you should be receiving all of those reports as they are being transmitted to the insurance company.

4. When it comes down to rejecting settlement offers, you need to be in the decision-making process. You should insist that if a settlement offer is made within your policy limits that the case be settled unless you are willing to take 100% of the risk of paying any excess verdict. In other words, if you insist on getting the case settled and the insurance company does not want to settle the case, then you should insist that the insurance company, promise, in writing, that they will either immediately pay the full verdict or deposit into court the total amount of the full verdict so that the judgment against you does not impair you credit, impair your ability to buy a car or house or affect you in any way.

5. To be sure, insurance companies have a right to take cases to trial, but you, as the one who will end up paying out of your own pocket should things go wrong, have the absolute right to be fully informed and to insist that the insurance company not gamble with your money/house/car.

6. If you are involved in a case where the potential damages exceed your insurance coverage you should consider hiring your own lawyer to make your position very clear with the insurance company. Again, if the verdict is in excess of your insurance coverage, its your assets that are at risk.

In a case like this, with the defense hired physician agreeing that there is a permanent injury it may be very difficult for Allstate to argue that a $6,000 offer for a herniated disk was a reasonable decision to make. Maybe they discussed this fully with Brooks before the decision was made to take the case to trial. Hopefully he was fully advised and agreed with the decision. In my opinion, that's the only way this case should have been handled: full advice, full communication of settlement offers, full participation in settlement negotiations.

Originally posted at InjuryBoard by Ben Glass

"Move Over" Law Not Being Followed in Virginia

Ben Glass — Wed, 02 Jul 2008 15:13:52 GMT

The law is on the books in 48 states, but 71 percent of Americans are unaware of its existence.

According to law enforcement officers, the need for motorists to be educated about the “move over law” has reached a critical point after four Virginia State Police troopers sustained personal injuries over the past three months from drivers who failed to slow down or change lanes.

Recently on Interstate 81 near Blacksburg when a VSP road officer had to leap into his cruiser and across the driver’s seat in order to avoid being hit by a tractor-trailer. The truck jackknifed after slamming into the trooper’s vehicle.

In that same week, an officer of the Tennessee Highway Patrol was hit by a motorist from Florida while working traffic on his motorcycle at the Bonnaroo Music Festival in Coffee County, Tenn. The trooper sustained injuries to his shoulder and ankle.

In February, Trooper K.S. Chapman sustained serious personal injuries along a stretch of I-81 in Smyth County when a drunken driver struck his cruiser as he was sitting in it on the shoulder of the road following a traffic stop. He currently remains on medical leave.

There are laws in place in both Tennessee and Virginia for the protection of roadside officers.

In Virginia , if a driver fails to change lanes or slow down in order to accommodate an officer working an accident or issuing a ticket may be charged with a Class 1 misdemeanor, which carries a punishment of fines of up to $2,500 and possible time in prison.

A Mason-Dixon poll conducted for the Florida-based organization Move Over America, which is underwritten by the National Safety Commission, showed that 71 percent of people polled were not aware of the “move over” laws.

There have been 151 officers killed in roadside accidents because of motorists who do not merge into another lane or slow down since 1997.

Originally posted at InjuryBoard by Ben Glass

Competition Keeps Auto Insurance Rates Low in Virginia

Ben Glass — Mon, 29 Jan 2007 10:36:49 GMT

According to a report by the National Association of Insurance Commissioners, Virginia ranked 18th among the 50 states in automobile insurance with an average expenditure of $702.23. Kenneth J. Schrad, director, Division of Information Resources for the Virginia State Corporation Commission, said the state had ranked in the lower tier among auto rates for several years. He said the amount of competition among carriers in the state has been the driving force for the lower rates.

Originally posted at InjuryBoard by Ben Glass