Review Insurance Before a Car Accident

Local injury attorneys have seen an alarming increase in the number car accidents caused by drivers with very low auto insurance coverage. What this means for accident victims is that the driver who caused their accident probably won’t have enough insurance to compensate them for their injuries.

Unfortunately, a seriously or catastrophically injured person does not have much recourse against a driver who doesn’t have adequate insurance coverage.

Worse, it’s usually after they’ve been injured that crash victims find out their own auto policies don’t offer the “full coverage” they thought they had.

Recently a young mother and her daughter were driving through an intersection when a driver made a left turn and t-boned their vehicle. The mother suffered a severe leg fracture.

The driver who caused the car accident had a minimal policy of $15,000, which is all the mother was able to collect, even though her medical expenses exceeded $75,000.

Our office reviewed the mother’s auto insurance policy in the hopes she had underinsured motorist and medical payments coverage.

She did not have med pay, which would have helped with medical expenses and liens that were filed against her settlement, but she did have underinsured motorist coverage. She also had a minimal policy, so even though she had suffered a catastrophic injury, the most she was able to collect from her UIM claim was another $15,000.

Keep in mind that when purchasing auto insurance, you want to make sure you protect yourself and your loved ones in case of a car accident.

We recommend you add uninsured, underinsured and medical payments to your policy, and that you give serious consideration to the amounts of coverage you need for adequate protection.

Take the example of a single-income parent working as a hair stylist who suffers a shoulder injury in a motor vehicle accident. An absence of several months from work or an inability to ever return to her job could have dire financial consequences.

Such person will be well advised to carry at least $100,000 in UM and UIM coverage, and at least $5,000 in medical payments. The cost is relatively low compared to liability premiums.

Uninsured motorist coverage will protect you if the person who injures you does not have any auto insurance; underinsured motorist coverage kicks in if the person who causes the accident does not have enough insurance to cover your injuries; medical payments reimburses you for accident-related medical expenses. It’s a good idea to add med pay to your auto policy even if you have medical insurance.

The words “full coverage” as they relate to auto insurance are meaningless unless you review your policy’s Declarations Page and determine what it covers if you’re the victim of a car crash.

Take a few minutes to review our previous blog posts to learn more about Auto Insurance Terms, and why you should carry Uninsured, Underinsured and Medical Payments coverage.

A few more considerations about UM, UIM and Med Pay: using this coverage will not increase your insurance premiums, and it is transferable to any relative related by blood or marriage who is living in the same household as the policy holder.

Making sure you’re adequately covered by auto insurance in case you’re the victim of a car accident is smart planning.

Prevent Car Accidents: Check for Recalls

A worried young woman called our office with an unusual question related to car accidents. She wasn’t calling about a catastrophic injury, a wrongful death, or a car accident she’d been in—she was calling about an accident she was afraid she was going to have.

She explained she had purchased a new car in 2014, but had been having problems with the car stalling. She had taken it to the dealer several times with no success. They would check her car and tell her they couldn’t find anything wrong with it. She said knew something was wrong and she was very concerned. She had recently had a close call when her car stalled while she was going through an intersection, and she was almost in a t-bone collision.

The caller did not associate the vehicle recall crisis of the past few years with her car’s problem. She didn’t realize that her car could be one of the millions of vehicles that have been recalled over the past several years for defects ranging from faulty airbags, ignition switches, tires, fuel tanks, etc.

Our office performed an internet search of recalls of her vehicle’s make, model and year, and quickly determined that her car was being recalled for the engine stalling. She was in disbelief that the dealer would not tell her about the recall or fix the problem with the engine.

Is Your Car Being Recalled

Consumers can make sure their car is up-to-date on the latest recall action with a simple internet search. If your vehicle is the subject of a recall and you don’t take action, it can lead to car accidents that can cause serious injury or wrongful death. For example, some drivers who have been in auto accidents in vehicles equipped with Takata airbags, which shoot debris into the cabin of a car, have been killed and others seriously disfigured by these airbags.

To find out if your vehicle is part of a recall, enter its vehicle identification number at safercar.gov, which is a website run by the National Highway Traffic Safety Administration. If you find your vehicle has a defective part that needs to be replaced, contact the dealer immediately to schedule an appointment.

Caution When Buying Used Vehicles

Typically, consumers performing their due diligence when buying a used car take the vehicle to a trusted mechanic for an inspection and ask the seller for a Carfax report. Consumers should now add another step to their research and check the vehicle’s recall history. Again, it’s easy to do at the NHTSA safercar.gov website.

New Vehicles May Also Have Recalled Parts

A recent congressional report raised concerns that new cars are being sold with defective Takata airbags. Consumers need to be aware that some car manufacturers are selling new vehicles equipped with defective parts, and these cars will be the subject of recalls as they’re being driven off the lot. When buying a new car consumers must ask the dealer to confirm if their vehicle was made using any defective parts that are involved in a recall, and if the parts will be replaced before the sale of the vehicle is completed.

Report Car Issues

Consumers should frequently check their vehicles at safercar.gov for any recall activity, but if there is an issue with their car that they feel has not been identified, reporting the problem to NHTSA will help regulators hold auto manufacturers to the highest standard of auto safety.

NHTSA won’t subject a vehicle class to a recall until they make sure the problem is serious. Timely reporting of issues by consumers will help make the process of recalling defective parts more efficient. Safercar.gov allows consumers to File a Complaint and report issues with their vehicles that that may not yet be part of a recall.

Consumers should be able to trust that the vehicle they purchased was made without defective parts, and if the manufacturer identifies an issue, that they will notify owners immediately and correct the problem.

 

 

Sharing the Road with Tractor Trailers

Ever wonder what the chances are of surviving a collision with a tractor-trailer? A great many factors would determine the outcome. The most significant of these are the size, speed and weight of the tractor-trailer, the state of alertness of the truck driver, and the prevailing road and weather conditions.

By learning some defensive driving techniques to help circumvent the dangers these enormous vehicles pose, you can greatly increase your chances of staying safe and avoid an accident when you share the highway with them.

Keep Your Distance

Semi trucks with trailers can weigh over 80,000 pounds, or 25 to 40 times more than most cars. This incredible amount of weight means it is impossible for them to quickly come to a complete stop. Further, they cannot maneuver easily, so their ability to change lanes or avoid an obstruction on the highway is seriously impeded. Therefore, always keep a safe distance from any tractor-trailer. Never change lanes abruptly, or forget to use your turn signals near these large trucks.

When passing a semi truck, do it quickly to minimize the amount of time you will be driving alongside them. When passing a truck pulling a trailer, the trailer could swerve into your lane unexpectedly. Stay a safe distance behind the rig (a minimum four-second following distance) in case pieces of tire tread or any other parts of the truck fall off and into your path.

Assume the Truck Driver Cannot See You or Hear You

The driver of a truck cannot see you if you cannot see the driver in one of the truck’s rear view mirrors. Even then, assume the driver is tired or not paying attention.

Big rigs have large blind spots, called “no zones.” This means a truck driver many not see your vehicle when you are behind or to the side of the truck. Equally important is to pay close attention when the truck is signally to turn, and to its brake lights.

Never assume the truck driver will be able to hear your horn. A music system, radio, air conditioning, or typical truck noise may prevent the driver from hearing sounds outside of the truck cab.

When Stopping, Pull Way Off the Road

Truck drivers are conditioned to follow traffic. A driver who is tired and not paying attention could inadvertently drive directly into your vehicle without realizing you have stopped, particularly at night. If you cannot get your car far enough from away from the highway, it may be best to get out of your vehicle and stay as far away from it as possible. If visibility is poor due to smoke, fog, snow, rain or dust, or at night, turn your lights off so other drivers will not assume your vehicle is in motion on the highway.

Be Cautious During Adverse Road Conditions

When sharing the road with tractor-trailers, all precautionary measures become far more critical during adverse or unusual driving conditions. One reason is that big rigs are particularly susceptible to bad weather, detours, heavy traffic, construction zones, roads in need of repair, or atypical road conditions such as exit ramps, bridges, obstructions in the road, or sharp curves. Be extra cautious when driving near any tractor-trailer under these circumstances.

Understanding the challenges posed by tractor trailers will greatly increase your chances of keeping you and your family safe when you’re on the road.

Why Hire a Personal Injury Attorney

You’ve been injured in a car accident and it wasn’t your fault. You’re frustrated because you don’t have a working vehicle, you need medical care, and you’re not sure who is going to pay your medical bills. The insurance company representing the person who caused the accident wants your recorded statement. You just received a letter from the hospital saying they’ve filed a “lien” against you for a bill you thought was already paid by your medical insurance provider.

The problems car accident victims face after they’ve been injured in a motor vehicle collision can be overwhelming. In addition to seeking medical treatment for their injuries, they must make numerous decisions associated with their accident claim, mostly in areas that are unfamiliar to them.

Trying to negotiate your own claim with insurance companies may result in frustration and little success. If you begin communication with the third-party insurance company and before you hire an attorney to represent you, those prior statements may become an impediment to the successful resolution of your case.

A personal injury law firm such as Hollingsworth Kelly Law Firm is comprised of experienced attorneys and staff who can help you if you’ve been injured in an auto accident. They are ready to answer your accident-related questions, and will work closely with you until your case is settled. Firms like Hollingsworth Kelly are also experienced in working on medical liens, and will make sure any liens filed against you are valid, and when possible, they will negotiate reductions of those liens.

The injury lawyers at Hollingsworth Kelly have the experience to recover a fair and just settlement for your injuries. No fee is due until your case is resolved. Please contact us today for a free consultation with a Tucson accident attorney.