When your insurance company denies you to payout your insurance claim, the only logical next step is to fight back.
By the time you receive your initial denial, the claim investigator has already gathered sufficient enough evidence to support his denial in court. Of course, the investigator may be open to negotiation but he/she won’t take any further steps until you take action. But once the denial is formalized, most investigators expect the client to just give up.
Don’t get emotional
After the insurance company refuses to pay for your bodily injuries or property damages, the first natural reaction is anger. Even though this is a natural reaction to this type of news, it won’t help you reverse the decision. Denying claims is something that insurance companies do quite often and they are used to emotional reactions and threats about legal action.
The personnel at the insurance company which is responsible for claims tend to avoid such reactions but that still won’t change their decision. Most of them realize that denied clients aren’t serious enough until they start taking legal steps.
Legal strategy is essential
When you don’t find back, insurance companies often take it as a sign of a win. The only way you can reconsider their position is if you provide new fact, evidence and legal theory that will eventually force them to rethink their decision.
Insurance companies are obligated by law, to maintain reserve on their books. But what happens is that the person handling your claim simply closes your file and waits for the statute of limitation to run out. They rely on the fact that the issues can be complicated, the fight can be challenging so some number of clients will rather give up and don’t pursue the issue any further.
But if your car accident caused you severe injuries and someone else is at fault, you shouldn’t back off from a fight. If you received a denial first time around, contact Schenk & Podolsky and let us examine your file and see if there are ways we can help.
Why did you claim got denied?
In order to fight a claim denial, you first need to know what was the main reason the representative denied it. Having some idea as to why it was denied just won’t do. You need clear and precise information, preferably in writing.
Once an insurance claim is denied, the insurance company usually send an explanation letter which outlines the rationale behind the decision. If you didn’t receive your explanation letter or you misplaced it, contact your representative at the insurance company and ask for another copy.
The next step
When you have the letter in hand, take it to a personal injury lawyer who will be able to better understand its content.
Insurance companies might deny your claim for many reasons. Since the issues can often be complicated, and the process too complex to navigate on your own, you will need an experienced personal injury lawyer, who will have your best interest in mind and do whatever he/she can for you to receive the compensation you’re owed.
Riding a motorcycle is quite the unique feeling but it does require a special license and skill. It is a liberating and exhilarating feeling riding the open road, but it’s that same feeling that can put you in harm’s way and you can sustain serious injuries. Chances of getting into a motorcycle accident are not only determined by your behavior on the road, but also by the behavior of other drivers around you. Both the motorcyclists and car drivers need to keep in mind that they have to share the road.
Motorcycle accident can happen very fast, in a split of a second, which rarely gives you enough time to react and potentially avoid it. And how matter how big your motorcycle is, it is no match for a car, SUV or truck. And when a vehicle driver fails to practice caution and responsible driving, the end result of a motorcycle accident can be serious injuries or even death. So in case you do get into a motorcycle crash, you will need help from an experienced personal injury lawyer to file a civil action.
Driver mistakes that cause motorcycle accidents
According to the NHTSA (National Highway Traffic Safety Administration) there are four main types of errors / mistakes that drivers make which contribute to motorcycle accidents.
Braking – In order to slow down, the motorcyclist needs to downshift or roll off the throttle. Since most motorcycles don’t have a break light, the motorcyclist often miscalculate the stopping distance for both themselves and other vehicles in traffic.
Blind spots – The estimate is that nearly 50% of the space around a vehicle consists of blind spots which makes can make motorcyclist invisible for vehicle drivers. However, by properly adjusting the side mirrors can reduce the blind spots and prevent accidents
Hard to see – Motorcycles have a really narrow profile, compared to vehicles, and sometimes drivers are having a hard time seeing them. Vehicle drivers should practice extra caution and watch out for motorcyclists in different road settings, behind object and in poor weather.
Intersections – 42% of all motorcycle accidents happen on intersections. Many motorcyclists fail to yield the right-of-way to another motorcyclist who is driving straight through an intersection. This type of behavior is both dangerous and deadly.
By simply following the rules of the road, many vehicle owners can avoid hitting a motorcyclist. Even more so, vehicle drivers should refrain from negligent behavior while driving.
Dangerous driving behavior that can cause motorcycle accidents
In order to guarantee everyone’s safety in traffic, vehicle drivers should driver responsibly. In case the vehicle driver that hit a motorcyclists engaged in some of the following negligent behavior, he/she could be held liable:
- Driving under the influence of either drugs or alcohol
- Aggressive driving such as speeding, tailgating other drivers etc.
- Distracted driving, whether it’s visual, manual or cognitive
- Drowsy driving which can impair one’s judgement and prompt reaction time
In the event that the driver at fault cannot be charged under criminal proceedings, you are still able to file a civil action for the damages and injuries you sustained. For this, you will need an experienced personal injury lawyer who can properly assess your damages and help you navigate the entire process of filing a civil action. So if you were in a motorcycle accident, contact us today and let us help you get the compensation you are entitled to.
Motorcycle accidents are often pretty severe and it can affect your life substantially.
Knowing how to safely drive on the open road can make a huge difference and can even save your life. Arriving safely at your destination is the goal, no matter if you ride a motorcycle just for fun or as your main way of commuting. We hope that the following tips will help you avoid potential motorcycle accidents.
Protective motorcycle gear
When diving a motorcycle, you can enjoy the freedom of the open road like you never could when driving a car. It is a unique and liberating experience well-known to all cyclists. But that exact freedom can put you in harm’s way if you ever get into a motorcycle accident. When you’re in a motorcycle accident and you hit the pavement, you can suffer various injuries such as road rash, broken bones or other more serious injuries. According to the Motorcycle Safety Foundation, the apparel or gear that you wear while on the open road can make a HUGE difference in surviving a motorcycle crash.
Helmets and eyewear can protect you in case of a motorcycle accident
Laws that regulate helmet wearing can differ depending on which state you drive in. For example, in Florida, if you are older than 21, you can ride a motorcycle without a helmet if you have an insurance policy that is $10,000 or higher. But if you are younger than 21, you must wear a helmet.
Even though in some cases, wearing a helmet is a personal choice, we highly recommend that you wear one while on the road, even if you meet the requirements for not wearing one. According to some date released by the CDC, wearing a helmet lowers the risk of brain injury in case of a crash by 69% and the risk of death by 37%.
No matter if you wear or not wear a helmet, in a motorcycle accident, you can easily lose control of your bike which can result in serious brain injuries. However, by wearing a helmet, you can significantly reduce the risk.
Furthermore, having a good and clean view of the road helps you navigate and steer your motorcycle. Some federal states actually mandate that you wear protective eyewear on a motorcycle and this is pretty logical. Eyewear can protect your eyes from insects or debris from entering your eyes, and obstructing your vision.
The type and quality of outerwear you pick for your ride, can truly make a difference in what kind and how severe injuries will you sustain in the event of a motorcycle accident. Someone who decides to go in a pair of shorts on a summer day, might risk getting severe road rash and abrasions on his legs if he gets into a crash.
Researchers and experts are still working on developing products that will be specifically designed to protect motorcycles. However, until those are fully ready and on the market, motorcyclists will have to use tough leather equipment to protect themselves.
Avoid motorcycle accidents by knowing how to ride defensively
Driving responsively and defensively is essential for the safety of all those on the road, not just motorcyclists. So you need to keep in mind that you have to share the road with other cyclists and not to make sudden moves while driving. Here are a few tips on how to drive defensively
- Don’t try to pass a vehicle in the same lane
- Be patient. Even if your motorcycle can fit between two vehicles, between two lanes, that is highly dangerous and against the law
- You must not ride more than to abreast in a single lane
- Maintain control ov your motorcycle at all times. Performing stunts, drag races or wheelies is forbidden
- Passing on the right can be used but only in a limited number of circumstances e.g. when the vehicle in front of you is turning left. In these cases, use extra precaution and care when performing this maneuver.
Car drivers and their behavior can also prevent motorcycle accidents
- Make sure that your mirrors are well adjusted. Nearly 40% of space around a vehicle is made of blind spots and in a blind spot you can’t see a motorcyclist.
- Just like motorcyclist, vehicle drivers should also practice patience.
- Yielding the right-of-way to motorcycles
Hopefully these tips will help you drive safely and prevent motorcycle accidents. In our next post, we will discuss the type of injuries that can be sustained in a motorcycle accident and what to do if you’re in a motorcycle accident.
Minimizing your injuries is a typical thing after a car accident. People, when they don’t seem to be obviously hurt, tend to ignore the need to seek medical attention and avoid high bills. That might seem like a good idea at that time, but ignoring medical attention after a car accident can be a really big mistake. This especially applies if you suffer severe whiplash.
Whiplash is probably the most common injury we can experience in a car accident and the majority of people think that this is a minor injury from which we can recover pretty easily. Now, this might be true for most cases, but if it’s a severe case it can cause years of pain and discomfort.
When our head gets jerked front and back suddenly and with great amount of force, we call this whiplash. This jerking can stretch our neck muscles and tendons and in severe cases, it can also injure your spine. Suffering from whiplash is usually followed by:
- Neck pain
- Feeling dizzy
- Blurry vision
- Trouble concentrating
- Jaw pain
Not all of these symptoms develop all at once and some might even take weeks to manifest. Because of this, you might feel that you’re totally fine after the accident. But what appears to be a sore neck, might end up being something severe.
Complications after a severe whiplash
If you suffered a minor whiplash, you will most likely recover from it if you take care of yourself. But those that suffer severe whiplash might feel pain for years without any relief in sight.
If you suffered neck injuries in the past or you’re an elderly person, you are at particular risk of developing serious complications from whiplash. We’ve all heard stories where people claim they suffered whiplash only to get a bigger insurance settlement, but the reality is that the consequences of whiplash can be really difficult to manage and live with, including:
- Chronic headache
- Spine damage
- Constant soreness
- Vertigo or dizziness
- Nerve damage and stiffened neck
These symptoms can be persistent even after you had proper medical guidance and therapy. Sometimes, the pain can be so severe that you can find it hard to move your neck without experiencing severe pain. This can all impact our ability to function and work normally. We can minimize these symptoms with medication and physical therapy, and that’s why seeking medical attention after a car accident is so important.
After a car accident
After a car accident, no matter how small you think your injuries are, you need to make sure that you seek medical attention as soon as possible. Even if your injuries aren’t so severe, it’s important to be sure and alleviate all doubts and fears.
Furthermore, we highly recommend that you don’t settle with the at-fault insurance company too quickly. Some of these symptoms take time to develop, and they know this. So they will urge you to strike a deal as quickly as possible so they could compensate you as little as possible. Instead of settling with an insurance company, we recommend that you consult with the personal injury lawyer who knows the entire system inside and out and can provide the best guidance on how to handle these type of cases.