Personal Injury

If you have been injured, through no fault of your own, we can help you recover compensation for your injuries from the insurance company.

Typically the person who hurt you has an insurance policy against whom we make the claim.  However, in the event they do not have insurance, or do not have enough insurance, you can make a claim on your insurance policy.  Insurance coverages vary from policy to policy, and require a close review and interpretation to determine the fullest extent of coverage available to you.

Claiming Your Damages Under Your Insurance Policy:

Many clients think that if they make a claim on their insurance policy for injuries caused by someone else, then their rates will go up.  This is not true.  You pay a monthly auto insurance premium to insure against unexpected losses.  If you retain us, our firm will immediately notify your insurance company of the claim and determine what coverage amounts are available to cover your medical bills and out-of-pocket expenses, so you can avoid accruing bills and being sent to collections.

We have a track record of successfully representing hundreds of individuals in the following types of cases:

  • Car Accidents
  • Motorcycle Accidents
  • Vespa Accidents
  • Truck Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Slip and Falls
  • Defective Products

We also represent individuals in defamation and libel cases.

We recognize and value that each personal injury claim is unique and personal to the individual.  From the initial consultation to the resolution of the claim, we give each case a comprehensive assessment, giving our full and undivided attention to the client and the case to ensure maximum recovery for the client.  This added-value service is unique to a smaller firm environment.

All personal injury cases are handled on a contingency-fee basis, meaning there are no upfront costs precluding you from seeking legal representation today.

What To Do With Your Personal Injury Claim and the Insurance Company

Documenting your injuries, suffering, and expenses throughout your personal injury claim is key to achieving the best possible settlement.  Follow the below steps to properly preserve your claim.

  1. Accident Scene. If possible, safely pull your vehicle over to the right shoulder. Call the police. If any driver or passenger appears to possibly be injured, request paramedics.  If a minor impact (e.g., just a scratched bumper), the police may not arrive.  Don’t discourage and do not drive off.  Obtain the other driver’s name, contact information, insurance policy number and company name.   Talk to witnesses and get their contact information (this is key to resolving liability disputes).
  2. Police, Medics & Towing. Cooperate with the police.  Give your insurance policy information.  If you feel any pain or shock, report it to the police.  They will document it in the report.  If paramedics arrive, get checked out.   You don’t have to ride to the hospital, if you find it unnecessary, but at least get checked out.
  3. Insurance. Immediately notify all insurance companies of the collision.  If the other driver had no insurance and you have Uninsured Motorist (U.M.) coverage on your policy, open a U.M. claim.
  4. The Next Day. Many clients do not start feeling any pain until the next day or up to a week after the accident.  Once you start feeling pain you should see your M.D.   The longer you wait to seek treatment, the more complicated it will be for you to obtain a full recovery from the insurance company.   Your M.D. will likely prescribe pain medication and may also write up a referral for chiropractic care or physical therapy.  If you do not have an M.D., you may also see a chiropractor for an initial consultation.  Be sure to report all complaints to your M.D. or D.C.
  5. Medical Treatment. Follow the treatment plan prescribed by your health care provider. Your treatment must be reasonable, necessary and related to the collision. Keep in mind that the body takes time to heal. It is important that you remain patient and diligent with your prescribed treatment plan. Any missed appointments will complicate your chances at getting a full recovery from the insurance company.
  6. Medical Bills. If you have Personal Injury Protection (P.I.P.) on the vehicle you were driving or riding in as a passenger at the time of the collision, you can submit all your medical bills to P.I.P. for proper payment.  Once the P.I.P. limits are reached (i.e., exhausted), you can submit your medical bills to your secondary coverage, your health insurance company.
  7. Wage Loss. P.I.P. will pay for any time off from work 14 days after the collision.  The time off may include staying at home in pain or in recovery, or time spent attending doctor’s appointments.  You will need to obtain documented missed hours from your human resources along with your wage and salary information.
  8. Miscellaneous Expenses. Expenses incidental to the collision, such as mileage to/from the doctor’s office, hiring a maid to clean the house or a landscaper to maintain the yard, parking and prescription receipts, and co-pays are reimbursable under P.I.P.
  9. Daily Diary. Keep a daily journal of your symptoms, noting whether they change in severity.  The pain scale, 1 to 10 (10 being excruciating pain), is an effective gauge.

Responsibility

When liability for the collision is undisputed, the at-fault driver’s insurance pays for your property damage.  If liability is disputed, your insurance will pay for the damage, subject to your deductible.  Once liability is resolved, the at-fault driver’s insurance company will reimburse you for the deductible.   If your car is damaged below its market value, it will be repaired.  If the cost of damage is close to its full value, your vehicle will be “totaled.”

Assessing Vehicle Damage

  • Both your and the adverse driver’s insurance companies may send out property damage adjusters to photograph and assess the extent of damage to your vehicle. It is best that you be present during this inspection to observe the nature of the inspection and to clarify any issues.

Repair

  1. To ensure the highest value assessment of your property damage, you should obtain at least 2-3 independent repair estimate from various repair shops.
  2. If your vehicle is not considered totaled, then you must ultimately decide which shop will repair your vehicle.  The insurance company may push upon you a “preferred” repair shop – but you are under no obligation to abide to their request.
  3. The insurance company may also try to push “refurbished used” parts on you, to keep the repair cost low.  You do not need to consent to such requests.
  4. Once you agree to a repair shop and estimate, the insurance company will issue a check payable to you and the shop.

Total Loss

  1. If your vehicle is deemed a total loss (i.e., the cost of repair is at least 65% of the actual cash value of the vehicle), you need to research the actual cash value of your vehicle as determined by comparable vehicles on the market.  Search classifieds and edmunds.com and kbb.com for vehicles within 50 mile radius of similar make, model, year, miles and condition prior to the collision.  You are entitled to the highest value listed – which may be higher than blue book.
  2. An insurance company is not responsible for an outstanding loan or lease balance in excess of market value. So, if you bought a car and were making monthly payments, you may unfortunately owe more than what the car is actually worth. You will not be entitled to recover compensation for the loan balance if the car is worth less. This is a result of a poor business decision when you purchased or leased your car.
  3. You can recover pro-rated licensing fees on the balance remaining on the annual license and sales tax on the total loss value.

Rental Car

If an accident is another’s fault, that person’s insurance company should provide you with a rental car while your car is in the repair shop or until the insurer makes a reasonable offer to settle a “total loss” on your vehicle. If the at-fault driver is uninsured, your right to a rental car is subject to the terms of your own insurance policy.

  1. You may have the right to either a rental car or loss of use compensation for each day you are unable to use your car until your car is declared a total loss or until your car is repaired.
  2. Contact the insurance company for pre-authorization of all rentals. They will direct you to local car rental companies.
  3. If there is a delay in obtaining a rental car, you may be entitled to compensation for the “loss of use” of your vehicle for each day you have been deprived of its “use.”
  4. If you have collision coverage on your vehicle, you may not need additional rental car property damage insurance. Please check with your agent. If you do not have collision coverage you probably will be required to pay for insurance coverage on the rental car. This rental car insurance is not compensable. You will not be reimbursed for insurance on a rental car.
  5. Most car rental companies want your business and most will have a drop-off and pick-up service if you request it, at no additional charge.

Copyright © 2010 The Filutowski Law Firm, PLLC.  This page is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances.  An attorney-client relationship is not created or continued.   If you are seeking a consultation on a legal matter,  contact Alexandra Filutowski.