Archive for the ‘Insurance Companies’ Category

Help! I Was in an Accident… Now What?

Monday, January 14th, 2013

What to Do After You Have Been in a Motor Vehicle Accident

Injured in an Accident

When you have been hurt in a car, truck or motorcycle accident, the impact on every aspect of your life can be daunting. You may be uncertain what you need to do to best protect your interests. Here are some of the most important things to remember:

  • Protect your health — Often, the best thing to do regarding your health is wait until emergency medical professionals arrive on the scene. You may think you are fine to move under your own power, but can be in shock, or can have injuries that may not immediately be apparent. You should call 911 immediately, and let police and medical personnel take charge at the scene. If you leave the scene under your own power, you should immediately travel to the hospital or a clinic, or should schedule an appointment to see your doctor as soon as possible. When you seek medical treatment, be sure to tell doctors and nurses about anything that seems out of the ordinary. Don’t limit your discussion to the obvious injuries you have suffered.
  • Stay calm — Turn off your vehicle and turn on any emergency lights. It is preferable to leave your vehicle exactly where it stopped, as that makes investigation of the accident easier.
  • Gather all necessary information from other drivers and witnesses — Get name, address, phone number and insurance information from anyone involved in the accident, as well as all witnesses. Do not rely on police officers to gather this information for you.
  • Take pictures of the scene, of any damage to your car, and of any visible injuries you have suffered — If your cell phone has a camera, use it. These pictures can be critical if your case goes to trial
  • Notify your insurance company — Contact your insurance provider in a timely manner and tell them you have been in an accident. If you have insurance information from other drivers, you can provide that to your insurer.
  • Call an experienced lawyer — Before you enter into any agreement with any insurance company, you should consult an attorney. Insurers have a vested interest in paying you as little as possible.

Contact the Attorneys at Weber & Nierenberg

We offer a free initial consultation to anyone who has suffered a personal injury. Call our office toll free at 1-866-288-6010 or send us an e-mail to set up an appointment.

Representing Victims of Drunk Driving Accidents in the Bay Area

Thursday, March 22nd, 2012

Drunk Driving Accidents in the Bay Area

Investigating and proving damages claims against drunk drivers is a different exercise from other kinds of motor vehicle accidents. To learn how an experienced personal injury attorney can develop and present the facts that can help you recover the full measure of your damages, contact Weber & Nierenberg for a free consultation.

With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient for clients throughout the Bay Area. We accept claims against intoxicated motorists on a contingent fee basis, which means that we collect no attorney’s fee unless and until we recover compensation for you, either through settlement or trial.

One of the biggest cases our firm ever handled involved an intoxicated bus driver who struck and seriously injured our client in a rear-end collision. We settled the case for $3.75 million.

Establishing Civil Liability for Drunk Driving

In our experience, evidence of drunk driving, substance abuse or other impairment on the part of the defendant driver can be a powerful circumstance toward establishing our client’s right to damages. We know how to work with evidence of intoxication without regard to the outcome of any criminal DUI or DWI charges against the other driver. In certain cases, our attorneys can even allege that the other driver was impaired even if no charge of drunk driving was brought against the other driver.

Because a civil claim for damages involves a lower standard of proof than a criminal prosecution, claims against drunk drivers can go forward even without a conviction on a DUI charge. We can use the evidence of intoxication developed by law enforcement without having to worry about proving the case beyond a reasonable doubt. We can also look at evidence of past substance abuse problems and prior drunk driving offenses on the part of the defendant.

Evidence of intoxication will be important in most drunk driving accident cases because it can support a claim for punitive damages. Additionally, liability for drunk driving accident damages will often be excepted from the discharge in bankruptcy. Proof that the other driver had been drinking to the point of impairment or beyond will usually strengthen the accident victim’s claims.

Learn more about the ways an experienced trial attorney can use evidence of drunk driving to help an accident victim achieve justice. Contact the Bay Area law firm of Weber & Nierenberg for a free consultation. You can also visit our website at http://weberandnierenberg.com.

When Your Insurance Company Gives You the Runaround

Thursday, June 9th, 2011

San Francisco Bay Area Bad-Faith Insurance Attorneys

When you buy an insurance policy from an insurer, your insurer is responsible for providing coverage under the terms of the policy, acting in good faith toward you and defending you if you are sued, and the insurer must consider your interests to be equal to those of the insurer itself. When an insurer fails to pay a claim for coverage you have or takes an inordinate amount of time to pay a claim, they can be held financially liable for bad faith practices. When this happens, the financial consequences for you, the policyholder, can be significant, as unpaid medical bills and lost wages continue to create financial difficulty for you and your family.

If your insurer has rejected a personal injury claim or takes an unusually long time to pay a claim, it’s important to read the Declarations section of your policy and contact a personal injury lawyer to discuss the options available to you.

Claim Denials — When Insurers Reject a Claim

In general, an insurer may deny a claim for one or more of the following reasons:
• A “loss event” is not covered under the terms of a policy
• A claims agent incorrectly decided to deny benefits that should have been provided under the terms of your policy
• Your claim contained misleading or inaccurate information, leading a claims agent to mistakenly decide you are not covered for the losses incurred
• A claims agent failed to properly review the evidence associated with your claim, mistakenly issuing a denial as a result

Depending on the specifics of your case, a simple review of your policy may be enough to correct any mistakes on the part of your insurer in your initial filing or claims presentation. If your insurer is unwilling to revisit the issue, it may be necessary to hire a personal injury attorney who can send a demand letter and prepare for litigation.

Bad-Faith Insurance Practices — When a Claim Takes Too Long

If you have a valid claim and have submitted a properly prepared injury claim, your insurer should issue payment in a timely fashion. When an insurer fails to return calls, insists everything is in order but won’t release a check or continues to ask you to resubmit documentation, they may be stalling while their legal department decides what to do. If you hire an attorney to represent you as soon as you encounter unreasonable delays, you can often preempt further problems and resolve the issue.

In another form of bad-faith insurance practice, an insurer may offer to pay your claim but for less than what the policy indicates. An insurer may think you’ll simply take what you can get rather than risk going to court and waiting months for a claims payout. Should this happen, consult a personal injury attorney as soon as possible. Insurance companies that engage in bad-faith practices can be held financially liable for any harm suffered as a result.

Contact San Francisco Bad-Faith Insurance Attorneys at Weber & Nierenberg

Policyholders have a right to expect prompt payment on losses they’re insured for. If you’ve encountered difficulties with your insurer, contact San Francisco Bay Area personal injury attorneys today to learn how we can help you.

Contact us for a free evaluation of your personal injury or wrongful death claim. You have no obligation to hire us when you receive this evaluation. If you hire us, we only get paid after we recover compensation for you.