Do I Need An Attorney After Being Hit By A Drunk Driver?
Another driver that is under the influence of alcohol is one of the most dangerous things that you can experience while on the road. Even if you are driving cautiously and following every law, drunk drivers can intervene and cause serious damage to your body, mind and vehicle. During these especially difficult times, it can be tough to determine which steps to take next to get your life back on track. Here are some valuable tips that will help to secure necessary damages following a car crash caused by a drunk driver.
Is a Lawyer Necessary?
Since drunk driving is against the law, you have the legal right to pursue funds from the driver that caused the accident. To help you with the legal process, a trusted attorney with knowledge in the field of drunk driving accidents will typically get you the maximum compensation possible. Because California is a traditional fault state, the drunk driver that is responsible for the accident can be taken to court to face criminal and civil charges. Criminal charges protect the public from a repeat offense, while civil charges offer damages to the injured party.
The compensation, or damages, that you will receive from the accident can come in a few different types. Special damages will pay for out-of-pocket fees such as medical bills, lost income and other financial losses, while general damages are paid to compensate for physical and mental pain and suffering. Together, these are known as compensatory damages. Additionally, punitive damages can be offered to deter the drunk driver from putting people in danger in the future.
Should I Take the Settlement?
After the car accident, be prepared to receive a call from the drunk driver’s insurance company regarding a settlement. To avoid a lengthy and costly trial, many insurance companies will offer a monetary settlement just to get you off of their backs. Remember that the insurance company is not working for you and only has their best interests in mind. These insurers are looking pay you as little as possible, so make sure not to sign or agree to settle anything before talking to an accident attorney.
If the person who hit you does not have car insurance, you may be allowed to bring a claim against your own insurance company for damages. Underinsured motorist coverage protects you from people driving without insurance, offering financial assistance when the other party is driving uninsured.
Even if you feel like the settlement from the insurance company is appropriate, it is extremely important to meet with a qualified attorney to ensure that you are being properly compensated. Some expenses, such as future medical procedures and treatments, will not be factored into the insurance settlement. Only a lawyer with years of experience dealing with drunk drivers can guarantee the maximum possible compensation.
Life goes on following a horrific accident caused by a drunk driver. If you’re wondering what to do after being hit by a driver under the influence, you’re not alone. Remember that insurance companies don’t always have your best interest in mind, and it’s important to talk to someone you can trust. The lawyerss at the Law Offices of Robert L. Meissner are experienced in getting people who have been injured the compensation they deserve. Call (916) 473-1537 or fill out our online form for a free consultation.
Following an unfortunate car accident where the insurance companies claim that your vehicle is a total loss, it can be tricky to know what to do next. Since some insurance companies might not have your best interests in mind following a car crash, it is extremely important to know what to do after your vehicle has been totaled. While a car crash is certainly a troubling ordeal, these helpful tips will make the process easier to handle and allow you move on from the accident in a timely manner.
Who is Liable for Damages?
Since California is a traditional fault state, liability is solely based on negligence. What this means is that insurers will only pay for damages that were caused by one of the parties involved in the crash. If another driver was responsible for the damages to your vehicle, their insurance should cover the expenses. However, if you were at fault for your own damages, you will likely be paying the bill.
Additional Coverage
When purchasing insurance, a certain type of supplemental coverage can protect you from paying for damages caused in a crash. Known as collision coverage, this additional insurance protects your vehicle from any and all damages that may occur to your car. Unfortunately, collision coverage can be pretty pricey since it pays out regardless of who was responsible for the crash.
How Much Will They Pay?
This is where the insurers can start becoming a hassle. Unfortunately, insurance companies typically provide funds up to the policy limits of the parties involved in the accident. For example, if the other driver was responsible for the crash, caused $30,000 worth of damage and only has coverage for $15,000, their insurance will only fork over $15,000.
Beware of Insurers
While they claim to be there for you in times of need, there are a couple disturbing ways that insurance companies keep raining on your parade following a car accident. If deemed a total loss, insurers will only pay the fair market value for your ride. This becomes a problem if you owe more than the current list value. For example, if you owe $20,000 on your car loan and Blue Book value lists the vehicle at $16,500, the insurance company is only going to give you $16,500.
Additionally, if your insurer deems your car a total loss, they have the right to seize your vehicle to recoup their expenses. While you can attempt to convince your insurer to let you keep your totaled vehicle, they have the legal right to seize your ride, and will typically do so. It is also wise to know what to do if your insurer offers a low evaluation on your vehicle after an accident.
Nobody enjoys being in a car accident, but hopefully this information will offer some peace of mind during an especially tumultuous time. Remember that insurance companies are not always your friends during troubling situations. For the best results after totaling your car, a personal injury lawyer is your best bet at recovering the most funds possible.
If you’re wondering what to do after an auto accident you’re not alone. Insurance companies don’t always have your best interest in mind, and it’s important to talk to someone you can trust. The attorneys at the Law Offices of Robert L. Meissner are experienced in getting people who have been injured in an accident the compensation they deserve. Call (916) 473-1537 or fill out our online form for a complimentary consultation.
Being involved in an auto accident while you weren’t wearing your seat belt doesn’t mean you can’t expect compensation. There are many elements that go into injury claims, especially when it involves serious injuries and suffering. In order to establish a basis for your claim you need to ask a vital question first; Who was responsible?
Building A Case
Every state has different laws regarding seat belts, but in the end they all say the same thing – never drive without them. Even though these laws are in place, it doesn’t automatically excuse the person that was responsible. If the other party caused the accident and you suffered an injury, you have a right to ask for compensation. However, there is a process involved and it could lead to complications.
The Factors
An investigation needs to take place, which needs to prove who was to blame. This is typically done by the police and legal parties. Unfortunately, this isn’t a flawless system and is also the reason lawyers launch their own inquiries. There are cases when police statements are inaccurate or incomplete and this will automatically affect your chances of making a successful claim, whether it’s in court or with your insurance company.
The second factor is based on the coverage of the responsible party. Is that person insured, and how much is the insurance company willing to pay? In many cases, insurance companies will try to throw out the claim completely or decrease the amount. In this particular instance they will try to penalize you for not wearing a seat belt. This is why legal representation is crucial. Like every other business, they are trying to turn a profit.
Establishing Compensation
There is no way to predict an actual amount, because everything involved with the accident plays a crucial part. Estimations have to be made according to certain details, such as the amount of pain you’ve suffered, your medical expenses, your ability to keep working and so forth. There may also be a question of future problems related to the injuries you sustained, which will require medical care. All of these things factor into how much compensation you can receive. Remember that the court will assign you a degree of fault, because technically you were breaking the law by not wearing your seat belt. This means that a percentage of the money that has been awarded to you has to go to the state.
If you have been involved in a car accident while not wearing a seatbelt, it’s important to seek legal counsel immediately. A personal injury attorney can help to ensure you have the best chance of fair representation, increasing the likelihood that you’ll receive compensation for any injuries. The Law Office of Robert L. Meissner provides experienced legal representation for those involved in auto accidents in Sacramento. Contact us at 916-473-1537 to speak with our staff and learn more about how we can help!
Being in a car accident is a troubling ordeal, and some would say that dealing with the insurance company is even more troubling. During the insurance claim process it is not uncommon for the affected parties to feel victimized by the system, especially when it comes to the evaluation of a totaled vehicle. The evaluation of a total loss is normally automatically instituted if the vehicle is more than approximately 65 percent damaged. However, whatever the total price, it will likely be far less than the anticipated value of the vehicle.
It is important that you further familiarize yourself with the intricacies of the evaluation process so that you may effectively amount a defense that will result in a more appropriate evaluation.
The Initial Determination
Determining damages is only the first step in the process. If the car is totaled, there is a separate, independent evaluation that takes place with the car in order to ensure fairness within the evaluation process. However, in this initial process, the adjuster will determine the condition of the vehicle so that they may also have defense if an evaluation is not in their favor. The insurance adjuster’s evaluation is determined by a myriad of conditions that issue the vehicle a rating that varies from poor to excellent, and their evaluation can carry an outsized effect on the process.
Additionally, because only brand new vehicles are rated ‘excellent’, this condition will never occupy an insurance adjuster’s evaluation of a used vehicle no matter how well the actual condition happens to be. So no matter how great you have taken care of your car, you can forget about an ‘excellent’ rating. Adjusters consider everything from interior floor coverings to the type of engine a vehicle is equipped with to determine the condition. This can also include issues like the trim package that the vehicle has, as well as features like the type of tires and even windows.
The Third Party Illusion
The system is designed to look as if there is a third party consideration based on fairness. This is only an illusion because the insurance company is bound by no legal statutes to comply with or to utilize the third-party evaluation in assessing the car’s condition. This is why their initial insurance adjuster evaluation is so important.
When the third party assessment designates a car’s condition based on much of the same characteristics that are included in the insurance adjuster’s evaluation, their report will be matched up with vehicle comparisons from car dealerships in the local area. The insurance company is then supposed to rectify their evaluation with the third party’s evaluation in order to produce the final evaluation. The only effective defense that a car owner has to increase this evaluation is to acquire equivalent values from local car companies themselves. It is best to receive these evaluations in writing from these companies. Additionally, car owners should always keep all maintenance schedules to prove that their vehicles are in a beneficial condition and well maintained before accepting their settlement. However, legal assistance may ultimately be necessary to effectively deal with all issues concerning the accident and the insurance companies.
If you’re in the process of dealing with the aftermath of an auto accident, it’s important to get advice you can trust. Call the Law offices of Robert L. Meissner today at (916) 473-1537 or fill out our online form for a complimentary consultation.
After a costly doctor’s visit, come to find out, the reason you are having neck pain is due to the accident two months prior. It may be that you will end up needing surgery or physical therapy but all you see is more medical bills that you can’t afford. Now you are rethinking your decision not to hire a personal injury attorney and suddenly you start to feel the time crunch closing in. While it’s always best to speak to a personal injury attorney immediately after an accident, here are your options if you notice symptoms after the fact:
Filing in California
Under the statutes of limitations for the state of California you have two years to file a personal injury lawsuit and three years to file a claim for property damage. This time limit applies to lawsuits that are being filed after a car accident and not after filing the insurance claim. However, you will want to file an insurance claim as quickly as possible after the car accident in order to give you enough time to file a lawsuit if negotiations get dragged out.
Your Neck Just Started To Hurt
Sometimes it takes a while for your injuries to become apparent, and it might be a couple of months to even a year before you feel your neck or your back hurt. In this case you have one year from the date the injury was discovered to file a claim with the courts.
Government Involved Car Accident
If your motor vehicle accident included some type of government property, then a different set of rules will apply. Often times the paperwork to file a claim for an accident involving a government vehicle will have to be submitted quicker than 2 or 3 years. You will have to file an administrative claim with the agency within 6 months of the date of the injury. Once you have filed your claim, the government will have 45 days to make a decision and respond. If it is denied after the 45 days, you will have 6 months to file a lawsuit with the courts. However, if no rejection letter was ever received, then you have 2 years to file from the day the accident happened.
Whether you were in a car accident last week or last year, it’s always best to seek the advice of a qualified personal injury lawyer. Robert Meissner is an attorney in the state of California who has been helping accident victims claim the settlement they deserve for over two decades. Give our offices a call at 916.863.2900 for a free consultation!
Keeping a diary may sound childish, but when it comes to personal injury it can be an extremely valuable tool. Our memory doesn’t always serve us well and you can forget important facts that may be very relevant to your condition and your case. Recording your symptoms and pain levels while they’re happening will ensure that all information is recorded in real time. This valuable information can help your personal injury attorney build a stronger case for your settlement.
Document Your Condition Every Day
Jotting down notes on exactly how you are feeling every day can be used as evidence of your injuries. Sometimes personal injury cases do not go to trial right away. By the time it comes around, it’s likely you will have forgotten exactly what you were feeling. These entries will help to show that you have sustained damages that impacted daily life.
Document the Right Information
Recording your pain levels, what kind of medicine you took, medical appointments, physical limitations and your ability to perform daily activities are all significant details.
It goes without saying that you should be as honest as possible. This means that if you have a positive day where you are able to move and do more daily activities than usual, say so. Be as detailed as possible; simply writing that you were in pain is not enough evidence. If a headache or back pain prevented you from getting out of bed or going to work, state this. Record what kind of medicine you took, medical appointments you attended, and anything else relating to your condition. Non-economic losses can be quantified in a court of law, but can be difficult to prove without documentation.
There are health diaries that have a human graph drawn in them for recording such conditions, making it easy for you to mark down where you have pain. In addition to the location, describe the intensity and the sensation (throbbing, searing, stabbing etc.). The more detailed you are with your symptoms, the better your chances of getting fair compensation.
Keep Track of Medical Visits
Even if you don’t think that your injuries are that serious, it is always best to get checked out by a medical professional. This way you will have medical proof to back up your statements in court. Write down the dates of your appointments, which providers you saw and what was discussed. It’s also important you keep record of any medical expenses you accrue as you may be compensated for these costs through your settlement.
How Documantation Helps Your Case
Documenting your injuries can, in the long run, increase the value of your case. Tracking your medical and legal expenses, along with your wage records can help you prove exactly how the accident affected both your financial and emotional status. If you have more questions on how keeping a journal can help your personal injury case, we are happy to help. Call one of our locations to speak with one of our experienced attorneys: 916.863.2900 (Fair Oaks) and 916.448.2120 (Sacramento).
It’s always a good idea to file a police report after a car accident, regardless of whether or not you feel you were at fault. Fault is often difficult to determine, and there may be many other factors that can influence your case. Here’s how a police report can affect a personal injury case.
What Happens When Police Arrive
Upon arrival at the scene, the police will first check if there are any serious injuries that require medical attention, then move the cars out of the way if possible. It’s a good idea to take pictures before this happens, to help back any claims you make later. The police may or may not take pictures of the damage, measurements of the skid marks and get official statements from drivers as well as eyewitnesses. The officer may also include notes about who they think is at fault, but insurance companies will often have their own methods for determining fault, so it’s important to speak to a qualified personal injury attorney first.
If You Are Not At Fault
If the officer found that the other driver was at fault then you will have the upper hand. Using the police report as supporting evidence that the other party involved holds most of the blame will help greatly during negotiations with insurance companies. Also, if your case were to turn into a lawsuit the police report will be a big asset that you can use in court.
If You Are At Fault
Unfortunately, if the police report found that you were at fault the other driver’s insurance company will use this as ammunition against you. They may even tell you that there is no point taking this case to trial and that you might as well settle for the amount of money they deem suitable. However, this does not necessarily mean that you do not have a case.
What An Attorney Can Do
It’s important to remember that the police officer filing the report most likely did not witness the accident, and their opinion on who is at fault is just that – an opinion! If a police report points the blame at you, get a second opinion from a lawyer. Remember that consultations are usually free, so it never hurts to ask.
Whether you are being accused of causing the accident or not, your personal injury attorney is the most qualified person to process your claim. Robert Meissner is a personal injury attorney with over 20 years experience. Call our offices at 916.863.2900 today to schedule a free consultation!
Using social networks to report your every move has become the norm these days. However, we should not be so lax with our privacy as it can work against us, especially when it comes to personal injury claims. Posting pictures of yourself at dinner with friends may seem innocent enough, but the reality is that there are over 1.3 billion Facebook users who can see this update if your profile is public. When you are seeking damages for serious injuries incurred after a car accident, the insurance company will be seeking ways to gather information proving that your injuries are not as serious as you are claiming them to be. This is why we will be going over some basic precautions you should be taking with your social media profiles as it relates to your personal injury claim.
Privacy Settings
It is best to have your privacy settings on the highest level possible at all times, and more so when you have filed a claim. This means that you should make your profile “private” so only people who know your name or who find you through mutual friends can look you up to send you a friend request. If you have ever received random requests from people you do not know, the best practice would be to ignore this request and if necessary, block the user. Many insurance adjusters will create fake Facebook accounts in the hopes that you will add them so that they can have access to your every update. Lastly, you can also adjust your settings so that if anyone tried to tag or mention you in a post or photo, it will have to be reviewed by you and approved or denied.
Think Before You Post
As children we were raised to think before we speak, as what we say could be hurtful to others. The same concept is associated with social media posts. Before posting that picture of you at the park with your children or a rant on how you do not agree with a certain politician’s beliefs, think it through. Insurance companies are searching to find anything they can that may decrease the amount they have to pay for the damage that was caused. If you do happen to post about family events, be as specific as possible about the activity. For example, if you are taking the children skate boarding be sure to word it as “watched the children skate boarding today”, as opposed to “taking the kids skate boarding” which could be construed as though you were taking part in the activity yourself. Also, it’s not a good idea to “check-in” to locations via social media. Even if you are not taking part in any physical activity, this could still be used against you.
Don’t Post About The Accident
The best way to avoid running into any problems with insurance companies is to abstain from using your Facebook, Twitter, etcetera. Our first instinct after having an accident is to alert our friends and family that we are okay and the easiest way to do so these days is by posting on Facebook. However, by doing so you already raise doubt that your injuries are serious. If you do choose to use your social media platforms after filing your claim, never post about the accident, your recovery or any other pertinent details.
Keeping our lives private has become very hard in this day and age, but it is of the utmost importance that you try to be as private as possible after filing a personal injury claim. If you have any questions about how social media may affect your ability to claim, contact the offices of Sacramento personal injury attorney, Robert L. Meissner, at 916.863.2900 or 916.448.2120.
You are driving on the highway, maybe listening to your favorite radio show on the way home from work when suddenly you feel your car shake and realize that you’ve been hit. Once you get over the initial shock of having been hit you’ll want to check to see if you have been injured. Although emotions are high it is important to focus on the details of the accident. Perhaps keep a list of the following information that you will need next to your proof of insurance. These are steps that you need to take in order to protect yourself and your interests:
Call a Personal Injury Attorney
It’s extremely important that you contact a personal injury attorney as soon as you are able to. Keep in mind that insurance companies will make every attempt to get to you as soon as possible in an attempt to prevent you from speaking to a lawyer – don’t let this happen to you! Insurance adjusters exist to protect the insurance company’s interests, not yours. A good lawyer won’t charge you any money unless you win your case, so take advantage of that opportunity!
File a Police Report
Always call the police tell them that you are in shock and may be injured and ask them to prepare a report. This will be crucial to preserving evidence, which will assist you in recovering compensation for your damages, even if you do not seem injured at the scene, you might develop symptoms later. Having documentation greatly improves your chance for success.
Make sure to check on all the passengers as well as the drivers to see if anyone needs medical attention. Also, secure the scene by placing flares and keeping your hazard lights on. If there are serious injuries or major property damage you will want to call an ambulance for help. Double-check that the police actually file a report and write down their name and badge number, as well as the police report number.
Secure Any Witnesses Present & Get Their Identification.
When filing a police report, be sure to give as much detail as possible as this will help in the long run. Do not guess or suppose what happened. The officers will most likely ask you if you are injured – if you are not sure at that moment, say just that. If the filed police report says that you were not injured at the scene, this can be used against you later as evidence in court. Often times, auto accident injuries don’t become evident until many hours later, or even a couple of days after the crash. If there are any witnesses present, ask for their contact information. Do not assume that witnesses will come forward or that police will follow up with them.
Exchange Information
Usually the officer filling the reports and investigating the accident would obtain the insurance information from each driver, be sure to get this information yourself immediately from the responsible driver as it will take days/weeks to get it from the police. If this was a minor accident and no law enforcement members responded to the scene, there is important information you need to gather. Get the name, address and telephone numbers of all people involved, as well as the insurance information from the drivers. Collect contact information from any willing witnesses so your attorney can contact them in the future.
Pictures, pictures, pictures
Take photos with someone’s cell phone of everything relevant and ALL cars involved depicting ALL damage. Take photos of relevant people.
Like they say, a picture is worth a thousand words. Before anything at the scene is moved around or changed, make sure to take pictures. Photographs of the evident physical damage to the people and vehicles involved will provide solid evidence if the case were to go to court.
After the fact
If you begin to feel symptoms of injury after the accident, seek immediate medical attention. It can often take hours or days to feel the pain of an auto accident injury. Not only can immediate care lessen the severity of the symptoms, it is extremely important to get early documentation should you need evidence of your injury. As soon as you are able, contact your attorney BEFORE you speak to any insurance personnel. . Your attorney understands the legal system and is experienced in dealing with insurance companies and any other parties that may be involved. An experienced personal injury lawyer will protect your rights and help get the compensation you deserve.
If you have any questions about your car accident or want to learn more about how a personal injury attorney can help you, call our offices at (916) 863-2900 for a free consultation.
