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.

Dealing With a Personal Injury Claim

Personal injury claims sound intimidating. Angry Phone CallYou have to deal with insurance companies. You have to deal with lawyers. You have to deal with people who may challenge the fact that you are injured.

Actually, the fact of the matter is that when you have been injured in an accident caused by another person or organization’s carelessness or negligence, you have a right to seek compensation to pay for the injuries you have suffered, as well as other damages. It is your right under the law.

While you do not have to have a lawyer represent you in a personal injury case, an attorney can help you understand your rights and what to expect from the insurance company with which you are dealing. A personal injury lawyer’s job is to represent people dealing with injuries caused by negligence. A personal injury attorney will protect your rights rather than seek to close your claim as soon as possible, before you are fully recovered.

When you are handling a claim, you will need to make sure that your medical treatment and all accident-related costs are documented. The insurance company or the lawyer who represents you will need access to all these records. It’s also a good idea to document as much as possible what happened at the accident scene. Make sure to track your own recovery on a calendar. If you suffered bruises, take photographs because these can help your case. If there is video footage of what happened, see if you can get a hold of that, too.

Also note how the injuries have impacted your life. Can you work at the same level? Are you having trouble in certain areas of your life as a result? Is there trauma remaining? Have you had to miss work for treatment? Keep notes on all of this, because the other insured’s insurance company is generally expected to pay these costs.

If you retain a personal injury lawyer, the attorney’s job is to build a strong case demonstrating fault that led to your injuries.

And don’t be in too much of a hurry to close your claim. Sometimes, recovery takes longer than you think. The medical treatment for even a soft tissue injury can go on for many months or longer.

Personal Injury Claim Questions? 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.

Dealing With Insurance After a Car Crash

Fender Bender
According to the Insurance Information Institute, most motor vehicle drivers 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 that repair shop and have strict limits on budgets. They have often said, “If you don’t use our shop, you will have to pay the difference.” According to Mark’s Body Shop, 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 found that insurers pay more when shown 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 claims 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 of 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 from these formulas and see you as an individual who has been injured and who 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 today.

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

Help! I Was in an Accident… Now What?

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

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 https://www.weberandnierenberg.com.

When Your Insurance Company Gives You the Runaround

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.

What Happens if I’m hit by an Uninsured / Underinsured Driver?

The Cost of Uninsured / Underinsured Drivers

In the state of California, motorists are required to carry insurance. Even so, there is still an alarming number of drivers on California roads that are either uninsured or underinsured. If you’ve been seriously injured by an uninsured or underinsured driver in a car accident it’s unlikely you’ll see anything from the person who hit you. As a result, you’ll have to turn to your own insurer and your uninsured / underinsured policy coverage to collect some or all of your losses.

Recovering Compensation when hit by an Uninsured Driver

Typically, uninsured motorist coverage is either included in your auto insurance policy or under umbrella coverage if you have it. While not all auto insurance policies include uninsured motorist coverage, if your policy covers more than the bare minimum, it’s likely you are insured against uninsured motorists. Here, it’s important to read your policy and talk to an attorney if your insurer tries to mislead you or deny your claim. If you have uninsured motorist coverage, your policy should pay for some or all of your costs after injured by an uninsured driver or in a hit-and-run accident.

Recovering Compensation when hit by an Underinsured Driver

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.

Insurance Companies Are Not Your Friends

Insurance companies are in business to make money. They are accountable to their stockholders, not their policyholders. Insurance companies make money, in part, by collecting as much as possible in insurance premiums and paying out as little as possible in insurance claims.

Insurance companies have employees and large law firms on retainer just to figure how to avoid paying your claim or to pay you as little as possible. Many insurance adjusters will approach you under the guise of friendship, but the fact is that their interests are directly opposed to your. They make their money by helping the insurance company limit the amount of compensation they pay you after an auto accident.

If you have been involved in a car wreck, motorcycle accident or other motor vehicle accident, you will want to seek counsel and advice from someone who is on your side; someone whose interests are aligned with your own. You want an experienced Bay Area personal injury lawyer (preferably one with experience in the type of motor vehicle accident responsible for your injuries or loss) to guide you through the legal system and help you maximize your compensation, rather than limit it.

With more than 25 years of experience, Weber & Nierenberg will gives every case personal attention from the day of your first consultation until the day your case is resolved by way of settlement or trial.
For more information contact Weber & Nierenberg at 1-866-288-6010
for a free consultation.

 
 
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