If you’ve been injured in an accident, chances are you need an attorney to receive fair and just compensation for your injuries. Oftentimes insurance adjusters will ask you to say things or sign certain forms which might later discredit your case. The legal process is quite complicated, and very rarely do people get full compensation for their injuries without an attorney.
Insurance companies will take a brief look at your case, offer you a very small amount of money (which sometimes can look good, but it is usually only a small percentage of what you are entitled to), and hope you take it and move along.
Retaining an attorney is the only way you can truly level the playing field with the insurance company. As the system exists now, you are fighting a lion with a pea shooter. By retaining a lawyer, you are bringing in the big guns.
We only get paid if you win. Plain and simple. If we don’t win, we get nothing, and you owe us nothing.
Each insurer of a vehicle in which a person is injured will provide payment of typical expenses caused by personal injury, called “PIP”: Personal Injury Protection. An injured person must make their claim to the insurer of the car in which the victim was injured. Payment of these PIP benefits may take as long as 30 days to receive from the insurance company. If the injuries are not serious enough to reach the “threshold”, the victim receives nothing further.
If the injuries reach the legal “threshold”, the victim may then make a claim against the driver of the vehicle who was legally liable (at fault) in the accident. The “threshold” is an injury which: Requires over $3,000 in medical treatment, or Causes permanent injury or Disfigurement
After the threshold is met, the victim may make further claim against the responsible driver’s insurance company for pain & suffering, future medical expenses, past lost wages, future lost wages, and other possible benefits.
If your doctor gives you a work release, you may have the work done by another family member, a relative, friend or professional maid, baby-sitter or nursing service. The attached form must be completed each week and signed by the person doing the work and submitted to us. When commercial services are used (house cleaners, laundries, etc.) you should obtain an invoice or receipt for the services instead of the weekly services form.
Your injuries may restrict your ability to do all or some household chores. For example, you may be limited by injury and unable to do inside work (i.e. housekeeping/cleaning, laundry, child care, etc.) and/or outside chores (i.e. lawn/yard care, shopping, errands, etc.) Even if your doctor’s work release permits you do do cooking and light housework but you are unable to do heavier housework, you may still obtain help with these household chores.
The insurer paying the PIP benefits is usually reimbursed by the insurer of the driver who was at fault in an auto accident. All Utah policies are required to include these benefits.
Your doctor must certify that you: Need the treatment received Are unable to work at your regular job, and have verification of earnings from employer, Need the household help.
Adams, Davis P.C. will handle these benefits for our clients at no charge when we are retained to represent the client on the liability claim against the person who was at fault. Your PIP benefits are your “lifeline”; if you are disabled as the result of an accident it is important that you coordinate with us to be sure you obtain all benefits to which you are entitled.
If the at-fault driver is insured, you may collect from his/her insurance company directly.
If the at-fault driver was NOT insured, you may collect from your own collision insurance. If you had no collision insurance you must arrange to pay for your own vehicle damage. Don’t try to collect personally from the other driver without involving us, because acceptance of any payment could be construed to be a release of your claim for personal injury, as well. In addition to the cost of repairing or paying a total loss settlement on your vehicle, you are entitled to the fair, reasonable cost of obtaining a substitute vehicle (rental).
You can borrow, hire, or rent a comparable vehicle at a reasonable fee. Insurers may authorize you to get a vehicle from someone like Enterprise, and they’ll guarantee the payment to Enterprise. They get a special rate, and it saves them money.
Most insurance companies get fair appraisals for repair costs or total loss. However, if their offer appears unfair, let us know. We may be able to assist in settling reasonably and quickly. UNDER NO CIRCUMSTANCES SHOULD YOU LITIGATE YOU PROPERTY LOSS AS THIS WILL TERMINATE YOUR RIGHT TO BRING A BODILY INJURY CLAIM. ALSO NEVER SIGN A PROPERTY RELEASE WITHOUT CONSULTING AN ATTORNEY AS SOME RELEASES ALSO INCLUDE BODILY INJURY WAIVERS. CONSULT WITH AN ATTORNEY REGARDING THESE MATTERS BEFORE TAKING ANY ACTION. YOU CAN CALL US AND WE WILL GIVE YOU ADVICE AT NO CHARGE.
Uninsured motorists are a similar situation. A claim must be made against your own insurance company. This is sort of like buying insurance for the other driver. The same asterisk applies to uninsured motorists as underinsured motorists: your own insurance company can act adverse to you, denying all or part of the claim.
In either of these cases, it is necessary to acquire good legal representation to ensure the insurance company pays you the benefit to which you are entitled.
If you bills exceed the defendants insurance, we will usually try and negotiate the medical bills. We have been very successful in the past negotiating all kinds of bills and we can probably get something worked out.
Another option is to look at the person at fault’s assets directly, to determine whether or not there is another source of money to pay for your bills.
Other options exist that we would be glad to discuss with you.