Generally speaking underinsured/uninsured insurance companies don’t want to go to court. Therefore in most cases the uninsured/underinsured carrier will pay their policy limits. However, sometimes cases end up being filed against the insurance carrier because they have way undervalued this case under the value of the underinsured/uninsured policy. However, it is still somewhat rare that these cases end up in court, and in most cases even when there is a lawsuit the claim settles, before it is brought in front of a jury to present the case. Is It Advisable To Sue An Uninsured Motorist For Damages? Occasionally when a person is uninsured...

If a motorist is involved in an accident with an underinsured motorist, and that person doesn’t have any additional underinsured coverage, then he or she may only recover what the tort feasor has as far as level of insurance coverage. If the other driver does not have any insurance coverage at all the motorist is going to have to figure out whether or not it’s worth it to pursue the uninsured driver individually for a tort recovery in a court of law. What generally happens in these cases is a qualified attorney will analyze the tort feasor’s (the person who caused the accident) assets and try to determine whether or not that person...

How Important Are Evidence And Photos In Auto Accident Cases? If fault is not an issue, then photos and witness statements aren’t as important in an auto accident case. However, if fault is an issue, then they can become critical and a failure to get a timely witness statement can be deadly to your case. The problem with the witness statement is that if you don’t get one as soon as possible, then he or she may forget the most important points of the case. The same thing happens with photos. If your accident was affected by the conditions of the road and you don’t have pictures taken at the time of accident that shows what...

If You Fail To Seek Medical Treatment Right Away, At What Point Do You No Longer Have A Case? There is no definitive answer as to how long is too long to seek medical treatment after an auto accident. However, the first and the most important thing is that no matter what you think about your condition, after an accident you should always have it checked out either in the emergency room or as soon as possible with your own family physician. You must verify that you did not sustain or suffer any injuries as a result of this accident. There are many cases where people develop symptoms 30-90 days after an accident. If they didn’t...

What Are The Steps Someone Should Take If They Have Been Injured In An Auto Accident And They Suspect They Will Need To File A Claim? If you are injured in an auto accident be sure to sure to notify your own insurance company. This is necessary because there are some benefits that first need to be paid by your insurance company. In this scenario, it is assumed that at the time of the accident the police were called and a proper investigation took place with a proper police report. You should obtain that police report once it is completed, which can take anywhere from a few days after the accident to a few months. Additionally, you...

What Are The Biggest Misconceptions People Have When It Comes To Auto Accidents? One misconception people have regarding auto accident cases is that the attorney will take all of their money but that’s just not true. Attorneys can only take a fair and reasonable percentage of the recovery in a case. Without an attorney, in most cases, you definitely stand to lose money and not getting the most that you are entitled to. Other types of claims often come into play, and if you don’t have an attorney to negate or reduce those claims as well such as health insurance liens, no fault liens and hospital liens, then you lose a lot...

What Is Fault And No-fault State And How Does That Apply In Kansas In Kansas, fault in an auto accident case is typically determined by reviewing the police report and determining the facts recorded by police are accurate and clear. For example, the facts help determine who had the right of way in an intersection or who did what in causing the collision. Most of the time with the police report, it’s quite clear. For instance, in a rear-ender where one vehicle collides with a stopped vehicle, it is pretty obvious the driver in the vehicle that was moving was at fault and the driver in the stopped vehicle was not at fault. Those...

I had a phone call the other day from a client who had just been in an accident 1 week ago and suffered whiplash type injuries. She was getting a little better but she told me that she was at the doctor’s office to get some treatment when she decided to call me because it was kind of strange for her to be at this doctor’s office in the first place. She explained to me that she was resting at home on her couch when she got a call from somebody who said that they had arranged an initial free appointment for them with a doctor who would see them at 2 p.m. that afternoon. Not only would they see her initially for free but they would send...

If you are involved in an automobile accident, protect your legal rights by never admitting to wrongdoing for your actions at the scene of the accident. Admissions and apologies are unwise since you may be dazed and unable to assess the facts of the case. If you are able to do so, simply exchange drivers’ licenses, registrations, and insurance information with the other driver(s). In addition, ask the law enforcement officer on the scene if you can fill out a motor-vehicle accident report form. Be short and careful with your descriptions of what happened- just the facts you know for certain and don’t speculate. By having the facts...

After an accident, an insurance company claims adjuster representing the person likely to be held liable for the accident will probably contact an injured party. When this happens, accident victims should strive to understand that claims adjusters are professional negotiators who settle the matter in the most favorable manner for their insurance company. Thus, if you have been in an accident, never give an oral statement to the other party’s insurance company. No matter how tempted you may be to get into a discussion with the person representing the other side, you should resist the impulse. Those injured in accidents should consult...

Witnesses can be very valuable in helping accident victims prove their cases. While those injured in accidents are often surprised by the events swirling around them, witnesses can often describe what happened before, during and after an accident. Thus, they may be able to provide extremely important information about who was at fault. It should also be noted that even witnesses who did not actually see an accident might be able to provide very relevant input. If they saw the victim immediately after the accident, they may be able to confirm his or her pain and discomfort. Sometimes, witnesses may hear statements that give an indication...