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Ralph Buss Knows Motorcycle Accidents...
The Law Offices of Ralph Buss are endorsed by the
National Coalition of Motorcyclists and serves as legal counsel for
Confederation of Clubs in Ohio, West Virginia and Kentucky.
What To Do If You Are Involved In An Accident
We hope that you never have an accident, but if you
do...here are some points to remember:
Remain Calm
Do Not Move Vehicles (unless necessary for safety
reasons)
Call the Police
Obtain Other Driver's Information
Go to the Hospital Immediately (via Rescue Squad)
Give Only Basic Information
Make No Statements
Notify your Insurance Company
Don't Sign Anything!
Take Photos of Injuries & Vehicle Damage
Have Your Vehicle's Damage Appraised
See your Doctor for Follow-Up
Don't Be In A Hurry To Settle
So You Had An Accident?
OK, you had an accident and it
wasn't your fault. Now what do you do, handle the matter yourself or hire an
attorney?
If your injuries and medical treatment costs are
relatively minor and the insurance company is not giving you a nightmare about
the repair or replacement of your vehicle, you might choose to handle your own
claim and be satisfied with the result. However, should you choose that route
and eventually come to believe that you are not being treated fairly, you can
always turn to an attorney for help. If the injuries and damages are
significant or if there's a question of liability, it is probably a good idea
to at least check with an attorney to see what your options are.
In the Beginning:
WHAT happens once you've requested
an attorney to handle your claim?
- You will be asked to formally retain the
attorney's services by executing a Fee Agreement that is required by law.
- You will also be asked to sign Medical & Wage Loss
Releases giving the attorney access to your accident related records. Those
records are essential to the determination of loss and must be provided to
the insurance company.
- Quite often you will be asked to fill out a
questionnaire that provides basic information about you, past injuries,
medical problems, other accidents and etc. This information is needed in
order to avoid surprises later on. Insurance companies have access to
enormous amount of information and that could include your life's history.
- The Police Report & Photos will be obtained, if
you haven't already provided them to the attorney.
- The attorney will then send letters of
representation to the tort-feasor (legal talk for the person at fault) or
the insurance companies, yours and/or the tort-feasor's. Quite often, if the
attorney has enough information about the involved insurance companies,
he/she will go ahead and set up the claims.
Your Property Damage:
ONCE the claims are opened, the
attorney will go to work to resolve your property loss, provided you did not
elect to handle that portion of the claim yourself. Keep in mind that:
- The estimate you obtained might be higher than the
insurance company's appraisal and they will often object to paying the
higher figure.
- It is often difficult to obtain full value on
repairs to customized motorcycles. 1 of a kind paint jobs, murals, stock
paint and/or parts that have been discontinued, beefed up engines and such
are difficult to value. The best defense is to have a formal appraisal of
your motorcycle on record and keep receipts for all custom parts and paint.
That way, the attorney will have documentations to argue the damages above
and beyond stock parts. Better yet, purchase insurance to cover damage to
your vehicle in the amount it's appraised for including extras.
- Insurance companies generally use a service to
determine the fair market value of your vehicle in the event of a total.
Some motorcycles hold their value better than others. More often than not,
what you believe your machine is worth and what the insurance company is
willing to pay are quite a distance apart. Again the best defense is to be
prepared with documentation. It also doesn't hurt to insure your vehicle for
what it's really worth. That way your company can take care of the damage
and argue with the tort-feasor for reimbursement. Less hassle for you at a
time when you don't need one.
- In the event that it is determined your vehicle is
a total, you will have the opportunity to buy it back as a salvage vehicle.
Most insurance companies use a salvage company to place a bid on the wreck
and you can purchase it back for that value. The salvage value is then
deducted from the offer. You may also be required by law to convert the
title to a salvage title prior to receiving payment for the balance of the
offer. The attorney will also see if you are entitled to a rental vehicle
while yours is being estimated and repaired.
Keep in mind that:
- Most insurance companies will not provide a rental
for motorcycle losses.
- Most insurance companies will only pay for the
actual rental fee but not for any insurance that you might be required to
obtain.
- It is quite possible that it will be a
reimbursement arrangement rather than direct billing. That means you might
have to pay the costs up front and receive a payment from the insurance
company at a later date.
- Generally, rental cars are provided until either a
determination of total loss is made or for up to 30 days.
What You Should Be Doing:
While the property situation is being worked out, you
will most likely be seeing medical providers for your injuries. Depending on
the extent of your injuries, that could take weeks or even years. It is
important to continue treating until
the doctors have released you. If you are still experiencing problems
even after release, it might be wise to consult another practitioner, but
don't wait too long, "lapse of treatment" is one way insurance companies limit
what they're willing to pay. Others are excess diagnostics with no found
injury to justify the expense, excess chiropractic and physical therapy
treatments.
- Often your medical providers will not wait for
settlement to get paid. It is suggested that you have your health insurance
pay the bills as much as possible. Another avenue is to use your med-pay
provision of your own policy. The amounts paid by either of these carriers
will have to be reimbursed from the settlement. But in the meantime, you'll
have some piece of mind.
- In the event that you don't have enough medical
coverage available or none at all, your medical provider may send your
account to collection if not paid in full or decline to provide any further
treatment. In this instance, your attorney could send the provider a letter
advising of pending litigation with no promise to pay from settlement or
he/she could send a letter of protection that guarantees payment from
settlement.
Unfortunately, not all providers will accept
attorney's letters and that creates a real problem that must be discussed with
the attorney. Don't expect the tort-feasor's carrier to advance payment for
medical expenses or wage loss. Other than the property payments, the only time
payment will be issued is at settlement. Attorneys are also forbidden by law
to advance payment as well.
Settlement
Once you have completed your medical treatment
program, it's time to prepare for settlement.
The attorney will request copies of your medical
records, billing, doctors' reports, wage loss documentation and anything else
he/she might consider of value to documenting your loss.
Once the documents are in, calculations of your
losses are totaled, a demand is determined and settlement letter prepared and
sent to you for approval. Unfortunately, it is human nature to over value your
loss. It is important that at this stage of the process that the attorney
discuss with you a realistic
settlement figure that is based on the facts, your actual damages, knowledge
of the insurer, how well your case would be received by a jury and experience.
- Once you have approved the demand, the letter will
be sent to the relevant insurance company with whatever documentation
necessary to substantiate your loss.
- Once the insurance company has reviewed the demand
package, an offer will be made, usually quite a bit lower than your
expectation. The attorney makes a counter demand, the adjuster responds and
so it goes until an acceptable compromise is reached.
- Once the offer is accepted, the insurance company
will send to your attorney a Release of Claims document and the settlement
draft. The attorney then secures the signatures of you and your spouse if
applicable. He then provides you with a written Recovery Distribution
Disclosure (how the monies are to be paid) that you will then be asked to
approve and sign. Your check will then be issued and your file closed.
Please note: once you sign the Release and accept the settlement check your
claim ends, never to be reopened again.
The Lawsuit
Now, what if it is determined that your best chance
at a successful recovery is to go to court? There are a number of reasons why
your attorney might recommend this action; including questionable liability,
Statute of Limitations close to running out (usually 2 years from date of
accident), an uncooperative insurance company and/or complex issues that need
to be sorted out by a Jury just to name a few. This process can be quite
lengthy as there are a number of procedures that must be followed before it
actually gets to trial. However, your case can be settled at any time during
the process.
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