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Wall Street Journal Warning on Uninsured Drivers

Ben Glass — Wed, 17 Dec 2008 13:20:46 GMT

Great article in the Wall Street Journal today that points out that as the economy worsens, more and more drivers are just letting their car insurance lapse or they are buying minimal coverage.

Whether car insurance is "required" in your state or not, the guy who rams you from the back may not have a policy.

In most states you can protect yourself by buying adequate amounts of uninsured motorist coverage for yourself.

If you are in an accident and the other person has minimal insurance and you need and operation and your own underinsured motorist coverage is inadequate, you have no one but yourself to blame.

Originally posted at InjuryBoard by Ben Glass

Charges Pending in Deadly Fredericksburg Area Car Crash

Ben Glass — Fri, 25 Jul 2008 11:41:03 GMT

A Port Royal, Virginia man, Frankie L. Walburn, died Tuesday evening when his pickup truck was hit head-on by another truck that had allegedly crossed the double yellow line.

According to Virginia State Police reports,said the vehicles collided when Lamont Bryson Hendershot IV, of Montross, crossed over a double yellow dividing line on State Route 3, about a half mile west of State Route 634, in an apparent effort to pass another vehicle.

Hendershot's 2007 GMC Sierra collided with Walburn's 1994 Dodge Ram 1500.

Walburn's passenger, Darryl Gibson, 33, is hospitalized and charges are reportedly pending against Gibson, who was not seriously injured.

Our condolences go out to the families of the men killed and injured.

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

Beware of the Virginia Car Accident Attorney Who Refers You to a Doctor

Ben Glass — Fri, 25 Feb 2011 21:55:00 GMT

Is a lawyer to doctor referral really the “kiss of death?”

Recently, a local chiropractor explained the red flags to look for when working with a Virginia car accident attorney. One of the warnings he gave has to do with lawyer to doctor referrals.

According to the chiropractor, if your lawyer is telling you that you need to go in for X number of visits, so that you will get your bill up to a certain price, you should probably run far away from the attorney, and fast. While it is okay to ask your attorney if he or she knows of a medical provider, you have to be careful. The problem occurs when lawyers send their clients to the same orthopedic, spinal surgeon and so on. This type of practice doesn’t look good when you take your case to court.

Imagine sitting in court listening to the defense lawyer ask the doctor how many patients your attorney refers to him or her. When a jury finds out that the attorney is referring a lot of clients to the medical provider, they become very skeptical. Even if your claim is legitimate, the jury might still punish you.

Focus on Getting Better
When you go to the doctor following a Virginia car accident, your sole purpose should be to improve your condition. You should not be focused on increasing your medical bills to make your case appear more valuable.

There is a whole lot more you can learn about this topic by watching the video, Lawyer to Doctor Referrals - The Kiss of Death to a Virginia Car Crash Claim?

Originally posted at InjuryBoard by Ben Glass

More car accidents on Election Day than any other day in the US

Ben Glass — Tue, 04 Nov 2008 00:29:00 GMT

Researchers say that who to vote for shouldn’t be your only concern on Election Day on November 4.

According to a new study, there is an 18 percent higher likelihood of vehicular accidents and fatalities on presidential election days in the United States than any other day.

The study, which was published in the October issue of the Journal of the American Medical Association, was co-authored by researchers at the University of Toronto in Canada and California’s Stanford University.

The researchers analyzed national data from 1976, when Jimmy Carter was elected, to 2004, when George W. Bush was elected to his second term. The analysis showed that during polling hours across the U.S., there was an 18 percent increase in vehicle crashes and related fatalities.

The study surmised that approximately 24 more people died from the personal injuries they sustained in crashes on election days than other days researched by examiners, exceeding even Super Bowl Sundays.

One theory put forth by the study is that voters may be taking unfamiliar routes to polling places while rushing to arrive before the polls close.

According to Loudon County Sheriff’s Department spokesman Kraig Troxell, law enforcement regularly monitors polling areas on election days, but there is generally no call for other increased presence. Fairfax County Police Officer Don Gotthardt also said no extra measures are put in place in Fairfax County. The Virginia Department of Motor Vehicles reported that there was only one traffic fatality in the state during the last two presidential elections. That crash took place on Nov. 2, 2004.

The study urges that on Election Day, voters use their seatbelts and minimize distractions.

Originally posted at InjuryBoard by Ben Glass

But I Didn’t Feel Pain Right After My Virginia Car Accident

Ben Glass — Thu, 17 Feb 2011 17:19:00 GMT

When you are involved in a Virginia car accident, you may be at the point where you are just happy to be alive. You are, of course, thankful that the outcome wasn’t worse.

Many people don’t feel immediate pain following an auto accident, so they assume that they escaped injury. However, it is not uncommon to start experiencing pain and discomfort within 48 hours after the crash. I recently talked to a local chiropractor about why this happens.

Delayed Pain
According to the medical professional, when you are in a car accident you are generally in shock. Adrenaline starts to run through your body, which actually blocks your pain receptors. It isn’t until the adrenaline leaves your system that you start to feel pain.

The truth is, a Virginia car accident can seriously hurt your neck. But the symptoms of a neck injury, or whiplash injury, might not show up right away. The reason for this delay is that many neck injuries involve inflammation, which doesn’t happen overnight. Therefore, it might take 24 to 48 hours before you feel pain or notice any swelling.

Get to the Doctor
It is important to see a physician immediately after a car accident. Not only will a doctor be able to diagnose your injuries, but he or she will also be able to recommend an appropriate treatment plan. There are many complications that can arise if an injury goes untreated. Don’t wait too long to get examined.

You can learn a lot more about Virginia car accidents and whiplash by watching the informative video: Whiplash injuries after a car accident.

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

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

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

Were You Offered a Low Settlement for Your Virginia Car Accident Claim? Find Out Why.

Ben Glass — Fri, 12 Feb 2010 13:03:20 GMT

If you are injured in a Virginia car accident, isn’t it reasonable to assume that you will be offered a fair settlement from the insurance company? You would think so, but that is not what has been happening recently.

It appears as though the major insurance companies have gone back to offering “lowball” settlements to Virginia accident victims. There was a time period, which was in the recent past, where insurers were making reasonable offers in serious, clear liability cases. Things have changed.

I believe there are a couple of explanations for this shift within the insurance industry. First, just about every business is struggling in this economy, including insurance companies. As a result, the insurers are trying to hold on to their money longer, which is basically forcing Virginia auto accident victims to hire lawyers, if they want to be treated fairly. In the long run, this practice will probably hurt the insurance companies, because for the most part, when people hire accident attorneys, they get more money in their settlements than those who attempt it on their own.

The second reason I think may be causing these unreasonable insurance settlement offers has to do with the turnover rate at some of the insurance companies. Experienced adjusters have been laid off, leaving younger, novice adjusters to handle the workload. Many of these “young guns” try to “make a mark” by attempting to force people to accept low settlements.

What does that mean for you if you have been injured in an accident? It is going to be tougher to get a fair settlement without the help of an experienced personal injury attorney.

Originally posted at InjuryBoard by Ben Glass