Auto Insurance and Motorcycle Accidents

Auto Insurance and Motorcycle Accidents

Motorcycle accidents can be far more dangerous than car v. car accidents given the exposure of the rider.  They can also present more complicated insurance coverage situations.

In North Carolina, drivers are required to have a liability insurance policy of $30,000 per person/$60,000 per accident.  If an automobile driver causes an accident with a motorcyclist, the motorcyclist can present a claim and recover up to $30,000 from the other driver’s coverage.  In some circumstances they may have more coverage on that policy, and they may be covered by other policies, as well.

If the motorcyclist’s claim is valued higher than the limits of the automobile driver’s coverage, then the motorcyclist should see if they can make a claim with their own policy for underinsured motorist coverage.  Also, motorcyclists will often have a separate policy of coverage on an automobile, in which case they can make a claim with that coverage, too.

If the driver doesn’t have any coverage at all (which is illegal, but it does happen) then the motorcyclist should look to their own coverage for an uninsured motorist claim.

Many automobile policies will have a separate medical payments policy which will cover occupants, regardless of fault, in the event of an accident.  Generally, though, most policies will have an exclusion for motorcycle accidents.  That last fact should give motorcyclists pause.  If an insurance company thinks something is safe, generally speaking, they’ll insure it. This fact implies that the statistics show them that motorcyclists are disproportionately injured in accidents, so it’s not profitable for them to offer this coverage.

Riding a motorcycle can be very dangerous, and the insurance questions in the event of an accident can be complicated.  If you have an accident on a motorcycle, call me and maybe I can help. 919-929-2992.

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DWT – Driving While Texting

I bet you’ve done it.  If you haven’t, you’ve probably wanted to, and you have certainly seen someone else do it.  I’m not judging, necessarily, but it is a very frightening problem.  Check out this site:

 

http://www.textinganddrivingsafety.com/texting-and-driving-stats/

 

This issue is becoming more and more alarming.  Info from this site:

 

At last check 11 teens die every day due to texting and driving.

 

In 2011 at least 23% of all auto accidents involved cell phones in some way.

 

The minimal amount of time you take when looking at your cell phone is 5 seconds.  In that time, you travel 100 yards – the length of a football field.

 

What frightens me is that more and more people are using phones in the car, and more and more people text.  The way our culture is developing with expectations of constant and immediate communication there will continue to be a temptation to text and drive.

 

Whenever phone usage or texting causes an accident, the defendant almost never admits to it at first.  So if you have an injury claim where this may have been the cause it’s important to investigate the matter.  Unfortunately, you can’t get to cell phone records without litigation and the use of discovery or a subpoena.  But sometimes these records are not kept longer than six months, so you have to discuss with your attorney the benefits and detriments of filing suit so quickly.

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What I find interesting about these cases, from a professional standpoint, is how texting while driving can be interpreted for liability purposes.  Clearly, texting while driving is negligent (acting unreasonably under the circumstances).  But in most accident cases, negligence won’t be contested.  In other words, whether the person was texting, or rocking out to Britney Spears with his eyes closed, their negligence caused the accident so they’re responsible for foreseeable damages.  That’s that.  They aren’t on the hook any more just because they were texting…

 

unless we can successfully argue that texting while driving is gross negligence.  If that is the case, it may open the door to punitive damages, meaning that the defendant could possibly be responsible for more than just compensatory damages, but for an extra penalty levied by the court for their egregious activity.

 

If you have an injury claim that you think resulted from texting while driving, call me immediately.  I would love to help.

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What to do if you are in an automobile accident…

I can’t tell you how many legitimate automobile injury claims have been defeated from the start by victims not understanding how to react after the accident.  That’s not a knock against them; being in an accident is stressful and it’s hard to think and act under stress.  Moreover, if you aren’t trained to understand how an insurance company is going to manipulate you in this situation, you have no way of knowing how to react.

To that end, I thought I’d create this little list to help you in case you are in an accident.  Remember, in these situations it’s not all about how to preserve your claim.  People who are injured need to be taken care of, regardless of fault, so bear that in mind as well:

1. Always stop your car if you are involved in an accident.  Err on the side of caution, call the police, and let them decide if the accident is reportable.

2. If you’re able check to make sure you’re in a safe enough position to exit the vehicle.

3. Once again, if you’re able, check to see if any of the other motorists in the accident are in need of medical treatment.  If you or anyone else is even slightly hurt, call 911.

4. Give as much assistance as you can to anyone who is injured, but be wary of moving the severely injured, as you might do more harm than good.

5. Do not be concerned with fault; don’t throw blame and don’t accept it.  Talk to your lawyer if you are confronted with accepting blame.  Do not agree to pay for any damages or sign anything.

6. Get the name and address, telephone numbers, and insurance information of all drivers involved.  Try to get contact information of any and all witnesses who are available.

7. Give the most succinct account of the accident that you can give to the officer. DO NOT minimize your injuries as the officer will indicate by code on the report if you were injured.  If you say you weren’t, then later say you were, that can severely damage your claim.

8. Do not discuss the accident with anyone else, except your health care providers, attorney, and employer if necessary.

9. Use a smart phone to take pictures of the scene of the accident, the vehicles, injuries, and any other relevant images.

10. If you have collision coverage, don’t hesitate to use it.  Make sure your vehicle isn’t placed in storage for so long you incur a ton of storage fees.  Be proactive.

11. Do not delay in getting treatment for any reason; injuries require treatment regardless of fault.

12. If you need to make a claim against anyone else for your injuries DO NOT TRY TO DO IT YOURSELF!  Call your attorney and let a professional help. 

13. If you choose to represent yourself, remember everything you say and do can and will be used against you by the insurance company. 

14. If you choose to represent yourself, don’t be lazy and give the the insurance company a medical release or they may dig up anything and everything on you; get the relevant records and bills and provide them personally.

15. Be forewarned: If you represent yourself, the damage you do to your case along the way may not be reparable even if you get an attorney later on down the road.  This is akin to Mr. Miyagi’s speech about “either you karate do yes or you karate do no”; either you get an attorney at first or you don’t…trying to do it yourself and then ask to be rescued later may not work out well for you in the end.

I hope that helps.  Call me with any questions.

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You’ve got Med Pay (well, maybe you do)!

Many times when people are involved in auto accidents in North Carolina the focus is on what the at-fault party’s insurance company will pay for the treatment of the victim’s injuries.  And of course, the focus should be there.

 

But sometimes victims are so focused on that they lose sight of the availability of thousands of dollars of medical coverage that they’ve been paying for and can gain access to rather easily.

 

Medical Payments coverage, or “Med Pay” in personal injury law parlance, is supplementary coverage you can purchase with your legally required liability policy.  It is not required, as liability coverage is, but it is available.  Many people have it, but most people that I speak with don’t know if they have it or not!

 

This coverage is designed to pay for all medical expenses, up to the policy limits of the Med Pay policy, incurred as a result of injuries sustained by any person riding in the car which is covered by Med-Pay insurance. The policy limits vary and can range from $500 to $1 million.  Most policies are $1000 or $2000.  The injured occupants of the car do not have to own the car and do not have to be a named insured under the policy. Anyone who is riding in the car at the time of the collision and incurs medical treatment costs can have all of their reasonable medical bills paid up to the amount of the Med-Pay coverage.

 

Does a Med Pay claim raise your rates?  When it’s a no-fault event, then no, it should not raise your rates.  Med Pay coverage is “no fault” coverage, so it doesn’t matter who caused the accident.  If you were in a covered vehicle and were injured in an accident, regardless of who caused it, you have access to that vehicle’s Med Pay.  Moreover, if your treatment costs exceed that vehicle’s Med Pay limits, you may have access to another Med Pay policy of a different vehicle’s policy, depending on the circumstances.

 

Med Pay coverage is available even if you have health insurance.  It can also be available in addition to the liability coverage, depending on the circumstances.

 

The most important thing about Med Pay is to know if you have it!  So check out your policy or talk to your insurance agent.  And remember, if you have it, use it!  You’re paying for it after all, right?  Otherwise, why would you be paying for it.

 

When I represent an auto accident victim I help to process the Med Pay coverage free of charge.

 

So remember, if you are in an automobile accident in North Carolina and want to talk to an attorney about your options, call me.  919-929-2992.

 

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Closed Head Injuries/Traumatic Brain Injuries and Auto Accidents

If you watch any amount of football you can’t help but hear about the concern of traumatic brain injuries (TBI is the acronym you hear a lot, but they are also referred to as closed head injuries, and a few other terms that aren’t important for the purposes of this article) in that sport.  What a lot of folks don’t appreciate though is that you don’t have to be involved in a contact sport to get a brain injury.  All you have to do is drive a car and be in the wrong place at the wrong time.  And brain injuries can have a lasting impact on your life, so you don’t want to ignore them, especially in the context of your personal injury claim.

You can sustain a head injury very easily in an automobile accident.  Even with airbags, people hit their heads on steering wheels all the time in accidents.  But you can sustain a serious head injury from impacting the head rest; you can even sustain a TBI from whiplash!  All it takes is an impact that essentially rattles your brain in your head.

This is obviously concerning because of the short- and long-term impact these injuries can have on your life, such as head ache, nausea, dizziness, blurry vision, short-term memory loss, change in mood, etc.  But it’s even more concerning for me because I talk to people in accidents all the time whose health care providers have missed their head injuries! When that happens, people suffer needlessly, don’t get the care they need and deserve, and their claims are not accurately valued.

This is not to say it’s always the health care providers’ fault, of course.  Many times it’s because the patient isn’t sure of how to answer.  Patients may be having these symptoms, but because they didn’t hit their head, or because they think they didn’t hit their head hard enough, they don’t speak about their head injury.  And sometimes they don’t think what they are suffering (nausea or blurry vision for instance) is related to the accident.  Here’s an important thing to remember when you discuss your injuries with your health care provider: Do not minimize any of your symptoms!  If you feel in any way different you should speak up!  If you don’t you might not get the treatment you need.

So remember, if you have an auto accident claim, don’t remember to talk with your health care provider about every single way in which you feel different after the accident.  You may be far more hurt than you realize.

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Attorney to Handle Your Durham NC Personal Injury Insurance Claim

Can you handle your personal injury claim on your own? Sure. You can also operate on yourself, but you are more likely to have a good outcome if you have a surgeon do it.

If you are thinking about handling your own claim, consider this:
• Do you know how to establish liability?
• Do you know what contributory negligence is?
• How to investigate different coverage options?
• Do you know the difference between UM and UIM coverage?
• Do you know when you are required to pay medical bills from your settlement funds?
• Do you understand the recent “billed v. paid” legislation and how it affects claim values?

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Cost to Hire Personal Injury Attorneys

How much does it cost you to hire a personal injury attorney? I think the best way to answer that is to look at it from a different perspective: How much does it cost not to hire a personal injury attorney?

Hire Durham NC Personal Injury Attorneys

If you aren’t trained to avoid making mistakes with your statement, document your damages, and understand what damages you are entitle to and how to document them, what is your claim worth? How will you get anything for your personal injury claim if you don’t know how to go about it?

If you can’t get anything for your claim, isn’t it worth paying an attorney something to help? After all, 66% of something is better than 100% of nothing, right?

Generally, I take cases on a contingency fee basis, meaning I don’t get a fee (reimbursement of costs are different) unless I get you a settlement that you accept. That fee is more often than not 33.333% of the settlement, or 1/3 of the settlement. Remember, my job is to maximize the value of your claim and to make sure you get what you should get. In the end, my fee should be justified by your recovery. And you don’t write me a check; I get paid from your settlement.

I handle personal injury claims all over the state of North Carolina, so no matter where your accident occurred in North Carolina, or where you live in North Carolina, I might be able to help. Call me at 919-929-2992.

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Personal Injury Attorneys Help

What does a personal injury attorney do to help you in your claim? Hopefully everything s/he can to help make it the best that it can be.

Hiring Personal Injury Attorneys Durham NC

If I get involved in a claim from the outset, I help in initiating the claim with the at-fault insurance provider. I investigate the claim to make sure we have the strongest liability claim we can have under the facts. I help the client avoid making statements that might compromise the claim, and I also explore insurance coverage to see what avenues of recovery will be available.

From there I walk the client through treatment, helping them to understand how their treatment, actions, and decisions can affect the claim. If the claim has particular complications that require the selection and hiring of expert witness I offer advice on that process and help to coordinate experts to lend strength to the claim.

When the client has reached maximum medical improvement (of if otherwise seems to be the right time) then I gather all of the relevant treatment records and bills, as well as other documentation of damages (lost wages, pain logs, etc.) to help demonstrate the value of the claim to the insurance company. I then create a settlement brochure and demand letter to present our claim to the appropriate insurance carrier(s) and begin the negotiations process.

In cases that don’t get settled, I counsel the client on the litigation process, draft and file the complaint, help the client complete the discovery process, depose necessary witnesses, complete the mediation process, and try the case when necessary.

Does that sound like it’s worth what you pay?

I handle personal injury claims all over the state of North Carolina, so no matter where your accident occurred in North Carolina, or where you live in North Carolina, I might be able to help. Call me at 919-929-2992.

Personal Injury Attorneys Durham NC Claims Processing

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Jeffrey Howard – Personal Injury Insurance Durham NC Claims

Won’t the insurance company just “handle it?” Won’t they just do the right thing?

Allow me to answer a question with a question: Why should they?

Remember, insurance companies are in the business of making money, and the more they give away, the less they are making. So doesn’t it stand to reason that they will do everything they can to avoid paying you as much as you deserve?

Insurance company adjusters are trained to do their job well. They are skilled at getting you to do harm to your claim by making statements that aren’t in your interests. Remember, everything you say can and will be used against you!

As the injured party, you have the burden of proof, so you have to work diligently to prepare your case. The insurance company has no financial incentive to give you the benefit of the doubt or “do the right thing.” That costs them money.

Call me and see what I might be able to do to help you. I handle personal injury claims all over the state of North Carolina, so no matter where your accident occurred in North Carolina, or where you live in North Carolina, I might be able to help. Call me at 919-929-2992.

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Hire Personal Injury Attorneys Durham NC

Should you hire an attorney for your personal injury claim? Well, every case is different and unique, but generally, I would say the answer is “yes.”

What Personal Injury Attorneys Durham NC Do to Help Process Claims

Why should you hire an attorney? Think of it this way: You might be handy around the house and can fix things here and there. But if you have a problem with your toilet, wouldn’t it be better to hire a professional to help you, instead of ending up with a messier, smellier, more expensive problem?

Hiring an attorney is like hiring any other professional to do a job. As a personal injury attorney, I know how to help guide you through your claims process and help you avoid mistakes that can cost you and your family in the long run. I know how to intelligently value your claim, how to document your damages, and how to argue to get them.

Moreover, an attorney represents the legitimate threat of a lawsuit to the insurance companies. People who represent themselves tend not to file lawsuits, and when they do they tend to royally screw them up. But attorneys know when and how to litigate, which can cost an insurance company money in the long run. Don’t you think they take that into consideration when they are negotiating with us?

Sure there are some cases where you might be able to bear the burden by yourself. But doesn’t it make sense to get a professional opinion on that before you get too deep?

I handle personal injury claims all over the state of North Carolina, so no matter where your accident occurred in North Carolina, or where you live in North Carolina, I might be able to help. Call me at 919-929-2992.

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Contact Jeffrey

Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

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