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Wednesday, January 27, 2010

Insurance Checklist: Car, Truck, or Motorcycle Accident

If you've been injured in a car, truck, or motorcycle accident in Colorado, it's important that you maintain close contact with your insurance company and pay close attention to your rights. Don't assume that the insurance companies have your best interests at heart. Here is a list of some basic things that you should do, and some things that you should not do, if you're involved in an auto-injury accident.

Do:
  • call your insurance agent immediately after an accident takes place
  • obtain a copy of the police report
  • take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name
  • Read and understand your policy: what are you covered for and what are you not covered for
  • find out if you might insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and "umbrella" policies
  • take pictures of any damage to your vehicle, the accident scene, and your injuries
  • be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage
  • keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company
  • If necessary, contact an experienced attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don't be a victim!
Don't:
  • give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney
  • automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney.
  • sign any releases or waivers until you obtain legal advice. Don't accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.
  • accept any check that says "final payment"
  • ignore the time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.
  • forget that your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.
If you've been injured in a car, truck, or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Don't assume that the insurance companies are looking out for your interests, and don't try to take on the insurance companies by yourself. Contact a Colorado attorney experienced in personal injury and automobile accidents to protect your rights and get you the fair compensation that you deserve!

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Thursday, September 17, 2009

If you are injured, what Information will your personal injury attorney need?

If you've suffered an injury in a car, motorcycle, bike or pedestrian accident or were injured at work, obtaining legal representation is very important due to the complexity of the issues involved, the likelihood that the responsible party will refuse to accept liability, and the difficulties in obtaining medical care before legal liability has been established against the responsible party.


What are some of the more typical kinds of accidents in a Colorado personal injury case?


  • Slip-and-Fall Accidents. Accidents arising from dangerous conditions on real property, when the landowner knew about the problem and failed to address them, the landowner can be held liable under Colorado law.
  • Defective and Dangerous Products. A manufacturer or seller of a product can be held liable in Colorado for negligence in creating an unreasonable risk of harm to consumers, an inherently and unreasonably dangerous or defective product, or breach of express or implied warranties for the product.
  • Malpractice of Doctors, Pharmacists, or other Health Care Providers. If the health care professional's conduct fell below the standard of care expected for the profession, which resulted in an injury or the professional did not obtain the patient's consent or informed consent before providing treatment resulting in damages they can be held liable under Colorado law.
  • Bites by Dogs or Other Domestic Animals. A person injured by an animal in Colorado may recover from the owner of the animal by proving that the owner knew of the particular animal's or the general breed's habits and tendencies which are likely to cause human injury, and failed to exercise reasonable care to prevent those injures.
  • Car Accidents. In 2004 there were nearly 250,000 motor vehicle accidents in Colorado with one-fourth of them resulting in fatalities or injuries. This includes motorcycle accidents, truck accidents, bike accidents, bus accidents, and pedestrian accidents. If you've been injured in an automobile accident contact a personal injury attorney today!
  • Injuries at Work. A person hurt while on the job is eligible for medical benefits and worker's compensation. If you're injured at work you must act quickly to protect your rights. Consult an experienced personal injury attorney right away.


Here is a list of important documents and other information to obtain and save for your personal injury attorney to increase the chances of obtaining the best possible outcome in your particular case.


Documents

  • Copies of any written statements.
  • The accident report.
  • Your auto insurance policy, along with your coverage certificate, if you were injured in an automobile accident.
  • Your medical or disability insurance policy.
  • Other insurances policies, including homeowners or renters insurance, hospitalization, or veterans insurance.
  • All correspondence you have received from any insurance company.
  • Any medical bills.
  • Any receipts for things you've had to buy or had to fix because of your personal injury.


Other Information

  • The name and address of the ambulance service used, if any.
  • The name and address of the emergency room where you were initially taken.
  • The dates you were admitted and released from the emergency room and the hospital.
  • The names and business addresses of all doctors who treated you.
  • The names and business addresses of all chiropractors you have consulted.
  • Names of all people involved in the accident.
  • Names and addresses of all witnesses to the accident.
  • Dates and time you have missed work because of the accident.
  • A list of people you have talked to about the accident or your injury.
  • The names and telephone numbers of each insurance adjuster you have talked to.


**Remember that claims for personal injury can come from other situations and incidents than just car accidents and work-related injuries. If you were injured in one of the above types of accidents in Colorado, contact a Colorado personal injury attorney as soon as possible - don't take on the insurance companies and their attorneys without the help of an experienced personal injury attorney!**


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About Frank D. Azar & Assoc.

From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.

In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.


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