Underinsured Driver and Recovering Compensation from an Accident!

In cases involving serious head, burn, or spinal cord injuries, the insurance policy limits of the driver that hit you may not be enough to cover the costs of your injuries. If you have uninsured / underinsured motorist coverage, you can file a claim with your own insurer to cover the rest of your losses up to your policy limits. Additionally, depending on the specifics of your case, you may be able to sue the underinsured driver that hit you if he or she has additional sources of insurance (such as an umbrella policy or homeowner’s policy).
Dealing with Your Insurer when filing an Uninsured / Underinsured Claim

If an underinsured driver hit you, his or her insurer may offer you a one-time settlement to quickly resolve your injury case. Before you accept the offer, however, it’s important to discuss the matter with your own insurer. In some cases, your insurer may offer to pay your claim in order to seek additional damages against the other driver’s insurer through subrogation.

Since insurance companies are interested reducing the amount of money they payout in claims, you may encounter difficulties with your own insurer. For example, if it can be shown that you were partially at fault in the accident, the amount of compensation you are eligible to receive will be reduced by the percentage of your fault: if you suffered $100,000 in losses but are deemed 50% at fault, the most you could recover would be $50,000. For this reason, it’s important to consult an attorney who can protect your rights and ensure your insurer doesn’t engage in bad faith insurance practices.

Weber & Nierenberg – San Francisco Uninsured / Underinsured Attorneys

Dealing with hospital bills, property damage, and lost wages after being hit by an uninsured or underinsured driver can be stressful and frustrating. Hiring a personal injury attorney to protect and assert your rights and interests can reduce your anxiety and ensure your insurer doesn’t try to take advantage of you. To learn how our personal injury lawyers can help you, email San Francisco car accident attorneys or call 1-866-288-6010
today.

Still Great Potential for Accidents and Injuries on Public Transportation!

Public transportation has improved and certainly expanded over the last several years. However, there is still great potential for accidents and injuries on public transportation. If you have been injured in a public transportation accident, an experienced San Francisco personal injury attorney can help you determine if you are entitled to compensation for your injuries.
To help prevent an accident or injury while using public transportation the following safety tips may be helpful:
Do not rush to board a bus or subway, this way you can avoid falling or slipping and becoming injured.
As the bus or train approaches stand back from the edge of the platform or curb and stay a bit to the side to avoid being accidentally pushed or shoved off balance.
Do not try to enter a subway car when the doors are closing and ensure packages, pocketbooks and backpacks are clear of closing doors after you have entered the train.
Only use the emergency cord to prevent an accident or injury.
Do not run or walk on escalators—stand, hold the rail and face forward. Improper use of escalators can cause serious injuries.
Do not run for the bus—you can slip, trip or fall and sustain serious injuries.
Do not stand in stairwells or lean against doors while traveling on a bus—sudden stops could cause you to fall and become injured.
When boarding or leaving a bus watch for slippery surfaces, icy sidewalks or other hazards, which may cause you to fall.
A San Francisco personal injury law firm can help
Unfortunately, no matter how many advances have been made in transportation, accidents still happen and individuals can become seriously injured. If you or a loved one has sustained injuries in a public transportation accident contact us online or call 866-288-6010 to discuss your injury case.

Critical Steps to Take After a Car Accident!

When you have been injured in a motor vehicle accident, you don’t want to jeopardize your rights by failing to preserve critical evidence or making statements that can be used against you. In the uncertain moments following a collision, you can easily lose track of your thoughts and make crucial mistakes. This article outlines the steps you need to take after a car crash to protect your rights.

Before You Leave the Scene of the Accident

The first thing you need to do after an accident is verify the extent of any injuries to you or your passengers. Check immediately to see that everyone is conscious and can move under their own power. If a passenger is unconscious or cannot move, leave them alone unless they are in danger of further injury. EMT personnel will be better equipped to take care of them. If anyone is unconscious or need immediate medical attention, call 911.

Your next step should be to move your vehicle out of harm’s way, if possible. Your safety is the most important factor at this point. Don’t worry about being able to show how the accident occurred. Accident reconstruction specialists can put the pieces together even if the vehicles have been moved.

If you have not yet called law enforcement officers, telephone them and stay in your car until they arrive (unless it is unsafe to do so). You may have a lot of nervous energy after the accident and may be inclined to talk more than you should or want to. Don’t spend unnecessary time in conversation with other drivers. You may say something that will be held against you in court.

Once police officers arrive, gather relevant information from them, such as name, badge number and jurisdiction. Provide them with any information they request, including identification and proof of insurance. Do not volunteer information, but provide clear answers to their questions.

Before you leave the scene of the accident, you should also ask other drivers for important information, including name, address, phone number, insurance provider and policy number. If you have a camera, you should take as many pictures as you can, showing damages to other vehicles or other property, personal injuries, skid marks and important road signs or signals.

After You Leave the Scene of the Accident

Your first inclination after leaving the scene of the accident may be to contact your insurance carrier. Instead, you should call an experienced personal injury lawyer. Insurance companies have a vested interest in paying as little as possible for your injury. An attorney will put your needs first, seeking full and fair compensation for your losses. Your attorney may also act as your liaison with your insurer, making certain you get full and fair compensation for all your losses.

If you have not sought medical care at the scene of the accident, you may want to take yourself to the hospital or a clinic, so that you get a documented report of any immediately observable injuries. If your injuries are minor, you should nonetheless set up an appointment with your doctor to get a full examination.

You will need to notify your insurance provider in a timely manner. Don’t sign anything, however, without talking with an attorney.

A San Francisco personal injury law firm can help

Unfortunately, no matter how many advances have been made in transportation, accidents still happen and individuals can become seriously injured. If you or a loved one has sustained injuries in a public transportation accident contact us online or call 866-288-6010 to discuss your injury case.

Motor Vehicle Accidents Expected to Rise with Lower Gas Prices

Authorities Fear that Cheap Gas Will Lead to Increase in Traffic Accidents

Car accident sceneFor the last three months, gas prices have been at their lowest point since 2009. Not surprisingly, according to the National Highway Traffic Safety Administration, 2009 was also the last high point for traffic accident fatalities nationwide.

Officials say it’s actually a simple equation. As gas prices go down, more people drive and they tend to drive longer distances. In many instances, motorists will opt to drive instead of fly, as the price of gas makes a trip by car significantly less expensive than air travel. The more people on the road, the greater the number of motor vehicle accidents, assuming the rate of collisions remains the same.

In a study conducted by professor, Guangqing Chi, in the Social Studies department at South Dakota State University, researchers concluded that, if gas prices remain at or around $2 per gallon for the entire year, the nation could see an additional 9,000 traffic deaths in 2015. Chi conducted a study in Minnesota that demonstrated that a twenty cent decrease in gas prices resulted in an additional 15 deaths over the period of one month.

Researchers also believe that younger drivers will make up a disproportionate percentage of the additional fatalities. Chi found that older drivers were less likely to significantly change their driving patterns based on gas prices, as they still needed to drive to work and to take care of family matters. Younger drivers, though, with less commitments and less discretionary income, are expected to drive more as gas prices decline.

Contact Weber & Nierenberg

At Weber & Nierenberg, we bring over 75 combined years of experience to people in and around Northern California & the Bay Area who have been injured in a motorcycle accident. We place a premium on personal service and attention, taking the time to learn the unique aspects of your case, so that we can customize our representation to get the outcome you seek. When you hire us to help you pursue full and fair compensation for all your losses, Joe Nierenberg will work directly with you throughout the process.

To set up a free initial consultation with an experienced Bay Area motor vehicle accident injury attorney, contact Weber & Nierenberg by e-mail or call our office at 1-866-288-6010.

Rear-End Accidents and Soft Tissue Damage

A few years back, Tiger Woods had to withdrawRear End Collision from the last round of The Players Championship in late spring due to pain. He insisted that it wasn’t pain in the neck related to the now infamous car crash when he struck a tree outside his home just after his then wife became aware of his infidelity.

If Tiger Woods did have soft tissue injury in his neck five months after the initial trauma, on November 27, that would not be unusual. Soft tissue injuries can take months, sometimes longer, to heal. Car crashes, especially rear-end car crashes, are notorious for causing soft tissue injuries in accident victims.

Just what is soft tissue damage? Soft tissue damage is essentially small micro-tears in the soft tissue that surround the muscles in our bodies. Adhesions will then form to patch the tissue that has been damaged.

Adhesions are nature’s Band-Aids for the body to heal these tears. In the short term, they are good. But if the person keeps using the injured area, the trauma will build, the adhesions will bind and, finally, they begin to impact the muscle on a deeper, even more painful level. They also can limit the functional range of motion of the part of the body that is suffering from soft tissue injury.

Rear-end accidents have a way of shaking a person’s body up. They make the body jerk suddenly forward and then back, often causing a whiplike motion of the neck. This can lead to whiplash, a form of soft tissue injury.

When you don’t get treatment for these types of injuries, you can end up with chronic, long-term pain and limited range of motion. Furthermore, when the adhesions latch onto the muscles, they pull everything in your body tighter, and thus can cause other pain elsewhere throughout the body — all because of being thrown forward in a car crash.

It is therefore important to get yourself checked out by a medical doctor, a chiropractor and any other experts in treating this type of injury from a rear-end crash. Chiropractors and osteopaths in particular are trained to treat injuries to the soft tissue of a person’s body.

Common damage includes:

  • Chronic neck pain
  • Back pain
  • Sprains
  • Burning sensation in the afflicted area
  • Numbness down the arm
  • Shoulder blade pain
  • And more

Insurance companies have a timeline for when your injury should be “fixed.” If you are still getting chiropractic care and massage for your injury, they will at some point cut you off, even though you may not have recovered fully. This is not fair or right, but it happens all the time.

Dealing with Insurance after an Accident? Contact the Weber & Nierenberg Law Firm

The personal injury attorneys at the Weber & Nierenberg law firm are experienced in protecting the rights of people injured in car, bike, bus, pedestrian and other types of motor vehicle accidents. Our law firm represents clients throughout the Northern California and San Francisco Bay Area. We will work hard and competently to obtain complete compensation for your injuries and losses. Call 866-288-6010 today.

We represent clients in personal injury cases on a contingency basis; you pay no attorney fees unless we recover compensation on your behalf.

Important Information to Get at the Accident Scene

If you are reading this articleAfter Car Accident, you are probably past the point of having had an accident or are on your smartphone looking up what to do in case of accident, maybe even at the accident you have just been involved in.

Here’s information for you to know at the crash scene.

  1. Stop. If you leave the scene of the accident, you could face criminal charges. You don’t have to get out of the car, especially if the person in the other car seems to be upset and is threatening in any way.
  2. Pull off the road if possible. If you’ve just had a minor accident, then it should be fine to pull off and get to safety. If you can’t move your car, however, but can get out of it, do get to the side of the road quickly. That will make things safer for you.
  3. Call the police. When they arrive, be careful of what you say about how the accident happened. Provide the minimal information possible without being rude.
    There are times in the past when insurance companies have used the words of flustered accident victims against them. Some innocent people naturally have a tendency to feel “wrong” or “at fault” when there is an accident, even if the crash was caused wholly by the other person’s carelessness. So, don’t admit to any wrongdoing.
  4. Gather contact information, including a phone number from the driver in the other car. To save time, if you have a smartphone, you might just photograph the person’s license, car registration and insurance information, including the number of the insurance company or agent.
    Obtain the contact information of all passengers from both cars, as well as witnesses to the accident. Again, speak little, but be polite. There are times when even a conversation can be misconstrued and used against you down the road when it comes time to settle your claim.
  5. Make sure to note the time, day, date and location of the crash. Note the weather — was it raining? Sunny? Foggy? Was there heavy traffic? And also note the road conditions and whether construction was ongoing. All this information may be useful in case you need to defend yourself or file a legal claim against the other person for personal injury compensation to pay for the costs of your medical treatment and other damages.
  6. Photograph the accident scene, if you can. Document if possible all involved vehicles, and your bruises and injuries.
  7. Make sure you obtain the police case number of the report that was taken, and the department location and phone number so you can get a copy of the report later with ease.

Questions about How a Personal Injury Lawyer Can Help You?

The personal injury attorneys at the Weber & Nierenberg law firm protect the rights of those injured in accidents caused by others. We are experienced handling cases involving car, bus, motorcycle, bicycle, pedestrian and truck crashes.

Our law firm represents clients throughout the Northern California and San Francisco Bay Area. We will work hard and competently to obtain complete compensation for your injuries and losses. Call 866-288-6010 today. We represent clients in personal injury cases on a contingency basis; you pay no attorney fees unless we recover compensation on your behalf.

Protecting Your Rights When You’ve Been Injured in a Car Crash

According to the Insurance Information Institute, most motor vehicle driversAfter Car Accident file insurance claims about once every eight to 10 years. So drivers aren’t expected to know the process of dealing with insurance after a car accident, a process that can be annoying, time-consuming and intimidating.

For example, did you know that you DO NOT have to go to the auto insurance’s “preferred shop” to repair the damage to your vehicle? Your car is your car, and you have a right to choose where you want to repair it. But the insurance companies won’t tell you that. They will simply send you along to their “preferred” repair shop.

Why? Because they have a bulk contract with their repair shop and have strict limits on budgets. Insurers will often say, “If you don’t use our shop, you will have to pay the difference.” According to Mark’s Body Shop (http://www.marksbodyshop.com/5-lies-insurance-companies-tell-you-after-a-car-accident/), 99.9 percent of the time the initial insurance estimate is not adequate. Their shop, which has chosen not to be a “preferred vendor” out of conflict-of-interest concerns, has shown that insurers pay more when told what is “necessary to properly and safely repair your vehicle.”

If you’ve been injured in a crash that was caused by someone else’s mistake, you will need to work with a claim’s agent. This person is usually different from your regular insurance agent. There may be different adjusters assigned to different parts of your case — damage to the vehicle, medical treatment costs, emotional trauma costs and the like.

Document as much as possible of your treatment. As soon as possible after the crash, write down what happened, including the time of day, the type of weather, the road conditions and more. Naturally, obtain information such as all contact information for the person at fault, any witnesses’ contact information, insurance information including a phone number, and the car registration and license number of the other driver.

Insurance companies don’t necessarily want to support you through your recovery. They have a bottom line to protect and use general bell curves to determine where you should be at in your injury recovery. It’s sometimes hard to get them to deviate and see you as an individual who has been injured and needs treatment.

Dealing with Insurance after an Accident? Contact the Weber & Nierenberg Law Firm

The personal injury attorneys at the Weber & Nierenberg law firm are experienced in protecting the rights of people injured in car, bike, bus, pedestrian and other types of motor vehicle accidents. Our law firm represents clients throughout the Northern California and San Francisco Bay Area. We will work hard and competently to obtain complete compensation for your injuries and losses. Call 866-288-6010 or email today.

We represent clients in personal injury cases on a contingency basis; you pay no attorney fees unless we recover compensation on your behalf.

Woman Driver Killed by Falling Tree on I-80 near Vacaville on 3/9/14

On Sunday afternoon, March 9, 2014, a 23-year old Oakland woman driving in the slow lane westbound on Interstate 80 near Vacaville suffered an unfortunate accident when a large eucalyptus tree fell and landed on top of her car. The tree knocked out the front windshield, and her car swerved across all lanes to collide with the center divider, and then back across all lanes to the right side of the roadway. The woman driver was killed.

The family of this victim has a right to seek compensation from the State of California (CalTrans) which maintains trees and shrubbery along the interstate highways. Our firm recently successfully settled a case where a large eucalyptus limb broke off of a tree and landed on a moving car’s front windshield. That driver, also a young woman, was more fortunate to suffer only injuries to her hand.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in automobile accidents, including those involving wrongful death, as well as motorcycle, bicycle, bus, truck, and pedestrian accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a wrongful death from auto accident or bicycle, motorcycle, pedestrian, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Bicyclist Struck by Car on James Donlon Blvd. in Antioch on 2/24/14

On Monday afternoon, February 24, 2014, a bicyclist pedaling along James Donlon Boulevard near G Street in Antioch was struck by a car. The unfortunate bicyclist was taken to the hospital for his injuries.

The victim has a right to seek compensation from the negligent motorist.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in bicycle and automobile accidents, including those involving wrongful death, as well as motorcycle, bus, truck, and pedestrian accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a bicycle accident or auto, motorcycle, pedestrian, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Can I Leave the Scene of An Accident If Nobody Is Injured?

Fender Bender
Even if no one is injured in your car crash, the law states that you cannot leave the scene of an accident. If you do, you could theoretically get charged with a hit-and-run misdemeanor. If someone was injured in the crash and you leave the scene, you could potentially be charged with a felony hit-and-run. Better to sit tight in your car.

You ideally should exchange all contact information with the other driver involved in the accident, including insurance and car information. Then you should call the police to report the accident so that it can be documented, and only then should you be free to go.

When you speak with the driver of the other vehicle, don’t admit fault. It may not even be wise to say you are sorry, even though that would be a person’s natural inclination. Later on, insurance companies may take the “I’m sorry” as an admission of guilt, even if you were not at fault. In the same vein, say as little as possible to the police officer taking the report. Be polite and respectful without saying too much until you speak with your own insurance agent about what happened.

If you have hit a parked car, damaging property, you should make every attempt to find the driver or owner of the parked car. If you cannot, don’t just leave the scene without leaving a note with your contact information.

The one exception to instructions not to leave the scene of the accident is if you have been injured and are unable to actually exchange information with the other driver and the police.

Questions about How a Personal Injury Lawyer Can Help You?

The personal injury attorneys at the Weber & Nierenberg law firm protect the rights of those injured in accidents caused by others. We are experienced handling cases involving car, bus, motorcycle, bicycle, pedestrian and truck crashes.

Our law firm represents clients throughout the Northern California and San Francisco Bay Area. We will work hard and competently to obtain complete compensation for your injuries and losses. Call 866-288-6010 today. We represent clients in personal injury cases on a contingency basis; you pay no attorney fees unless we recover compensation on your behalf.

 
 
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