Handling Property Damage Claims

Originally posted here

Property damage generally refers to your vehicle and any property in your vehicle that is either damaged or completely ruined in the automobile accident. You can make a claim for your property damage one of two ways. You can file a claim with your insurance carrier if you have purchased collision coverage. Another option is you can pursue reimbursement through the other party’s insurance carrier. There are benefits and drawbacks to both options, as I will discuss below.

Using your collision coverage to pay for your property damage

Filing a claim through your automobile collision coverage has several advantages. First, your own insurance company has a vested interest in making you happy since you are a paying customer. They will be more responsive to your needs and provide better customer service. Since you are entitled to collision coverage as per your insurance contract, fault is not an issue. Therefore, there is no need to complete an investigation of the accident prior to paying for your property damage claim thus speeding up the process. The only drawback to filing a claim through your insurance carrier is there is usually a deductible. A deductible is an agreed upon amount of money you must contribute to the repairs or replacement of your property damage. Most deductibles range between $500 and $1,000 dollars. The good news is that, after completing your insurance company’s accident investigation, you may be entitled to full or partial reimbursement from the other person’s insurance carrier. Further, your carrier will fight to get the money back for you. This is accomplished in an inter-insurance company arbitration proceeding against the offending vehicle’s insurance company. Filing a collision claim is a better option than pursuing a claim through the other vehicle’s carrier. The only time I recommend a client with collision coverage to pursue a claim through the other carrier’s policy is when they do not have the financial resources to pay their deductible.

Pursuing a claim through the offending vehicles insurance carrier

When pursuing a claim through your own collision coverage is not an option, you can file a claim with the other vehicle’s insurance carrier. However, fault will be a key issue in the claim. This is because the carrier will only be responsible for their client’s proportionate share of fault in the accident. Therefore, prior to issuing any payments, the insurance carrier will complete a thorough investigation. This will include obtaining a police accident report, witness statements, and an inspection of all damaged property. The insurance company will likely be biased. If there are multiple versions of the accident, they will likely accept the version favorable to their client. Further, they will be less responsive to your needs as they have no financial relationship with you. Also, the carrier does not have to make a settlement offer to you. They will only do so if they feel it is in their best interests to settle because they have no chance of winning if the case goes to court. However, if the carrier refuses payment or offers a payment that is less than you feel is acceptable, you can pursue recovery in court. Unfortunately, this is an arduous process and will likely require the services of an attorney. Should you agree on a settlement with the carrier, you will likely be asked to sign a release. Be careful when signing a release with an insurance company. Read it carefully and make sure you understand the contents. Never sign a document you do not fully understand. Further, make sure that the release pertains to your property damage only. This is extremely important because signing a general release will bar you from pursuing a bodily injury claim. Even if you do not believe that you are injured, never sign a general release in a property damage settlement. You never know if you are suffering from latent injuries that may reveal themselves later on.

How to Get Medical Bills Paid Following a Car Accident

The biggest concern a person will likely have to deal with after sustaining an injury in a motor vehicle accident are medical bills. Just a routine examination in a hospital emergency room following an accident can cost several thousand dollars. If you need to undergo any additional treatment the bills can be astronomical.

1. No Fault Benefits

New York is a no-fault state. Therefore, you will be qualified immediately following your accident for no-fault benefits. Further, since New York is a no-fault state your car insurance coverage will be your primary source of insurance coverage for your medical treatment. This means that all medical bills must be submitted to the no-fault carrier for payment. Any bills submitted to your private health insurance will be denied if no-fault insurance is available to you. The only exception to this rule is if you are in a motor vehicle accident while at work. For example, if you are making a delivery for your job and are rear-ended. In a scenario where you are injured during the course of your employment, workers compensation insurance will become the primary insurance policy and no-fault will be secondary. However, if you are on your way to work or on your way home from work and off the clock, no-fault will still be your primary insurance. No-fault insurance will cover all of your medical bills up to $50,000 or if you are terminated from coverage, as per an Independent Medical Exam. Therefore, sometimes, you may need medical treatment but no longer have no-fault benefits to pay for that treatment. In this situation, you will be left with a few options. First, you can submit your medical bills to your health insurance carrier. The carrier will likely want to see a denial from no-fault before agreeing to pay for medical treatment.

2. Medicaid & Medicare

If you are a Medicaid recipient you can submit your medical bills to that entity once no-fault is denied. There are two issues I see arise with this situation. First, not all doctors accept Medicaid. Therefore, you might need to switch healthcare providers. While this is inconvenient, it is better than the alternative of receiving no treatment. The second issue that arises is that unlike no-fault, Medicaid must be reimbursed for medical payments should you receive a settlement. Medicare works similar to Medicaid in that it will cover medical expenses once your no-fault benefits are denied. Also, like Medicaid, if a settlement is reached, Medicare will be entitled to reimbursement for its expenditures.

3. Healthcare Provider

Another option to get medical bills paid is to approach the healthcare provider about accepting a lien on your personal injury settlement. I often can get a healthcare provider to continue treating a client while their case is proceeding and await settlement before receiving payment. Obviously, this will not be an option if you are not pursuing a bodily injury settlement. It is also likely a last resort as it is always better to get an insurance company to pay for the treatment up front because they are only entitled to repayment if you receive a settlement. On the other hand, a doctor’s lien will usually stipulate that you are responsible for the bill should there be no settlement.

4. Personal Injury Lawyer

The last option for getting medical bills paid is through a personal injury lawsuit. If another person causes your injuries, they are responsible for any economic damages associated with that injury, including medical bills not covered by no-fault. There is a caveat to this rule. It must be proven that you have suffered a “serious injury” from the motor vehicle accident before the responsible party is required to pay for your economic losses. “Serious injury” is defined by a law. Finally, should you run into any problems with receiving medical payments, it is always a good idea to speak with an attorney. They can often solve the problem and get you reimbursed for your losses.

Five Important Safety Tips For The Summer Swimming Season

The recent warm weather makes me realize how rapidly summer is approaching. It’s time to dust off those BBQ’s and open the pools.

Millions of people enjoy swimming in pools each summer in the United States.  Unfortunately, on average two hundred people die each year in swimming pool related accidents. 

Personally, I have represented the family of a young child that drowned in a neighbor’s swimming pool.  The devastation that this child’s family felt is unimaginable.  Adding to the family’s grief was the fact that their son’s death was completely avoidable. There are simple solutions to keep children safe while enjoying swimming pools.  Here are five safety measures that every pool owner should consider:

-                    Make sure that your pool is completely enclosed with a fence, even if your town does not require it. While most townships call for a person’s property to be fenced when there is a pool in the yard, they don’t all require an additional fence around the pool.  Fencing the pool area provides an extra layer of security and safety. Make sure there are no gaps in the fencing, and the gates to the pool should be self-closing and lock.

-                    While swimming, make sure you keep everyone in your pool under active supervision. Did you know that it is common for drowning deaths to occur while parents are actually with their children at the pool. It is not enough to be there. Failure to keep a watchful eye on your children while they are swimming can have disastrous consequences. Bear in mind that it may only take a few seconds for a drowning death to occur. This is especially true at parties or summer BBQ’s where there can be many distractions. Always keep your eyes on your pool.

-                    Make sure everyone in your family, including caregivers, knows how to swim. It’s never too early to teach your children how to swim and to understand the dangers of water. The sooner your child learns to swim, the safer he or she will be around water.

-                    Have appropriate safety equipment at your pool, including flotation devices. A course in CPR is a good idea for parents. In addition, make sure that your pool water is clear and clean while open, and properly covered in winter.  Murky water can be difficult to navigate should someone accidentally fall into a dirty pool.

-                    Explain the dangers of the swimming pool to your children. Make it clear that they are not allowed into the pool area without supervision. Establish strict rules for the use of the pool, such as no running near the pool and no diving in shallow areas.

You may read this and think that all of the above tips are obvious. The sheer number of drowning incidents that occur in the home each year would suggest that it couldn’t hurt to think a little more about pool safety. Wishing all a happy and safe summer!

Authored by: Steven Palermo

In Defense Of The "Ambulance Chaser"

When I first went into the practice of Personal Injury Law, I experienced my fair share of ribbing. I used to dread that moment at a party when I was asked, “So what do you do?” Inevitably, someone would laugh and say, “Oh. You’re an ambulance chaser…hahaha.” Even if they didn’t say it, I could see from their expression that they were thinking it.

Who could blame them for their perceptions of what I do? We’re bombarded by TV commercials of lawyers promising to get people lots of money if they’ve suffered an injury. Some of them are indeed shameless. In a business where monetary gain is based on the severity of a person’s injury, it’s easy to see why there is such a negative perception of personal injury lawyers.

But the truth is, we’re not all bad. After practicing Personal Injury law for about twenty years, I’ve come to realize that this world would be a different place if it weren’t for the work that we do. Personal Injury Law makes the world a safer place for people. Someone who has never had to make a personal injury claim may take for granted the benefits that come from making people accountable for the safety of their fellow citizens. 

Do you really think that General Motors, Ford and Chrysler have produced safer cars over the last several decades because they care about people? Or is it that they know they stand to lose money in a lawsuit if they don’t?

And do the makers of consumer products make consumer safety a primary concern because they are nice? The number of past lawsuits involving unsafe products would suggest otherwise.

Most people take for granted that the food they eat, the medicine they take and the cosmetics they use, will be safe. Products are tried and tested before they hit the shelves, right? Why? Because companies know that there is a great deal of financial risk if their products harm the public.  

Of course the government enforces consumer safety, but did you know that the government penalties for unsafe products are minor compared to the profits these companies make?  Government penalties are written off as “the cost of doing business.”

However, being sued in a class action lawsuit is a different story for these companies. In a lawsuit, they stand to lose a great deal of money for creating dangerous products. 

And parents, what about our playgrounds? As a child growing up, I remember rusty slides and worn out swings being the norm. Today, you would be hard pressed to find a dangerous piece of playground equipment at a school or otherwise. Certainly, personal injury lawsuits have helped to enforce that public playgrounds are maintained to ensure a safer environment for our children.

When someone has been seriously injured in an automobile or work accident and can no longer earn a living because of another person’s negligence, do you really trust insurance companies to do the right thing? After dealing with this type of thing for so long, I can say, without a doubt, the answer is no. When someone makes a claim, insurance companies may start off dealing with him or her in a friendly manner, but when it comes to actually paying the claim, they always look to pay the least amount they possibly can, whether it is for medical bills or a financial settlement. They employ people to go over every claim with a fine-tooth comb and root out different ways to deny it. That’s where we come in. A personal injury attorney has the tools to make insurance companies accountable. 

Now when I’m at a party, I look forward to the question, “So, what do you do?” Why?  Because I can say proudly that I help make the world a safer place!

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If You Were Involved In A Motor Vehicle Accident Would You Know What To Do?

Did you know there are simple steps you can take immediately following an accident that will ensure you are best protected if you find yourself in such a situation?

 

-                    Make sure that you and your passengers are ok.  This is the single most important step that you can take.  Communication is key. If anyone is injured (or in shock), you should call 911 immediately for medical assistance.

-                    Activate your hazard lights and, if possible, move your vehicle to a safe location.  Often following an accident your vehicle is left vulnerable.  It is dangerous to be stopped in the middle of a roadway with vehicles moving around you.  You are at risk for further damage from another unsuspecting vehicle.  I have represented many people injured in “double car accidents.”  If you are able to do so, you should move your vehicle to a shoulder or parking lot.

-                    If you have not already done so, call the police for assistance.  This should be done in every situation. Do not be tempted to forgo calling the police even if the other driver objects or offers to pay for the damage to your vehicle.  It is important to document the accident with the police as soon as possible. Make sure that you get a field report from the police officer before leaving the scene of the accident. People tend to change their stories after the fact.  It is good to get it straight right from the beginning.

-                    If possible, gather the names of any eyewitnesses.  Don’t rely on the police to do this.  While the police often do get the names of the witnesses, I have certainly seen situations where the police have failed to do so.  Once the witness leaves the seen without giving their information they are usually lost forever.

-                    It is also a good idea to take photographs of the damage to the vehicles and the scene of the accident.  Documenting these things can often corroborate your version of the events should a dispute arise.

 

A Final Word –

Following a motor vehicle accident, many people with minor injuries often refuse medical assistance.  This is never a good idea.  Injuries tend to get worse as time passes and the initial shock of the accident wears off.  Get checked out by a healthcare professional, even if you think that it’s, “Just sore.”  It’s better to be safe than sorry.

Children, Recreational Facilities And Liability Waivers; What You Need To Know

Anyone with young children understands this scenario; your child is invited to a birthday party at a trampoline park or a bounce place.  You arrive to hundreds of screaming kids running around having the times of their lives.  Your child is dying to get involved in the action.  But, before he or she is allowed to enter, a liability waiver is thrust into your face for signature.  What do you do?  You certainly don’t have time to read the fine print to see if the waiver is acceptable.  Nor do you have time to inspect the facility to see if it’s being run properly.  Furthermore, your child is not about to let you leave the place without having the meltdown of the century.  Not to mention, the parents of the birthday boy/girl will never invite your child to another function again.

So, like the large majority of parents, you succumb to the pressure and sign the waiver allowing your child to enter.  But what if your child is injured?  What if the injury is a result of a dangerous condition or lack of proper supervision at the facility?  What can you do?  Can you still recover damages on your child’s behalf? 

Liability waivers at children’s recreational facilities seem to be on the rise, but are you signing your child’s legal rights away when you sign one of these waivers?  Generally speaking, liability waivers are frowned upon in New York State.  However, if drafted properly they are enforceable if the person waiving his/her rights is an adult.    

But, when the person whose rights are being waived is a minor the case law is different.  A parent cannot sign away their child’s legal rights in New York State.  So, should your child suffer an injury due to the negligence of the facility, you can still make a claim on your child’s behalf.

You may be wondering, what is the rationale for a facility to require a liability waiver be signed if it is unenforceable?  The answer is; there are several reasons.  First, signing such a waiver may cause people to assume that they are barred from making a claim.  Second, the law can always change in the future.  Third, while the document may not be enforceable as a complete bar to a lawsuit, there may be language in the waiver that can be used to show that the parent was made aware of certain dangers and therefore is also negligent in supervising their own child. 

Ultimately, it is best not to sign a liability waiver.  I would advise my client's against signing such a document.  But if you have already executed one on behalf of your minor child and he/she was injured, you should consult with an attorney.  Your child still has the right to pursue a claim for negligence against the facility.