Personal Injury

Useful Info

Q&A

Truck Accident Lawyers Utah | Utah Accident Attorney

Should I seek medical treatment if I'm only "a little sore?"

Certain injuries may not become symptomatic until sometime after an accident. By not seeing a doctor, you risk delaying your treatment and further injury. Even minor soreness can be an indication of a more significant injury. If you believe that you may have been injured you should see a doctor. It is not uncommon for insurance companies to argue that the failure of an individual to see a doctor right away indicates that an injury diagnosed later must have resulted from some other event that occurred after the accident.

What am I entitled to be compensated for if the other driver was at fault?

Generally speaking, if you are injured in an automobile accident that was the fault of someone else, you may be entitled to reimbursement for your medical and pharmacy bills associated with treatment for injuries sustained during the accident, cost of future medical treatment, lost wages, pain and suffering, permanent injury, property damage, and reasonable automobile rental charges incurred as a result of the accident. You may also recover other costs directly attributable to the accident such as towing, storage, etc.

May I have my health insurance pay for my medical treatment?

Yes. Your right to recover damages incurred in an automobile accident that was the fault of someone else is not affected by any payments made by your health insurance. Usually, your health insurance will require that your automobile PIP insurance pay the first $3,000 of bills. Depending upon the terms of your health insurance plan, any payments made by your insurance company may, however, be subject to reimbursement in the event of a recovery by you against the party at fault.

What if the driver at fault had no insurance?

As a practical matter, you can only recover against the driver at fault if the driver at fault has insurance or available assets. In some instances, a faulty driver who does not carry his or her own insurance may nonetheless be covered by another person's insurance policy. Additionally, if the faulty driver was acting during the scope of his employment at the time of the accident, he or she may be covered by his or her employer's insurance.

It is also extremely important to note that if your own insurance policy provides you with "uninsured motorist coverage," your own insurance company may compensate you if the faulty driver has no insurance. Given the complexity and nuances of these various insurance coverage issues, it is advisable to seek the assistance of an attorney to determine the existence of insurance or other assets that may be available to satisfy your claim.

What if the faulty driver does not have sufficient insurance to cover all my damages?

If the faulty driver does not have sufficient insurance coverage to fully compensate you, your own insurance policy may provide you with "under-insured motorist coverage." You should have an attorney review your insurance policy to determine whether or not this coverage is available to you. You should not settle with the faulty driver's insurance company prior to reviewing your policy with an attorney, as it may affect your insurance company's responsibility.

When should I settle my case?

You should not settle your claim until after you have concluded medical treatment and have been released by your doctor. Otherwise, you may settle your case without knowing the full extent of your injuries and the treatment that will be required as to such injuries, leaving you responsible for any medical bills in excess of your settlement. However, you should also be mindful of the applicable statute of limitations period. You should seek the assistance of an attorney to determine the applicable statute of limitations period and other deadlines, which may affect your claims, as these issues are fact-sensitive, and can vary from case to case.

Should I give a statement to the faulty driver's insurance company?

You should be cautious in giving any statement to anyone concerning the accident. Statements taken on behalf of the other driver by his or her insurance company are taken to protect the legal rights of the other driver. These statements may be misconstrued or used against you later. Accordingly, you should consult an attorney prior to giving any statement to the faulty driver's insurance company. If The Law Offices of Randal L. Meek, PC is representing you in regard to an accident, we will have one of our attorneys present at the statement in order to protect your rights.

Should I give the faulty driver's insurance company a medical authorization?

No. You should consult with an attorney regarding the effect of a medical authorization. If you provide the other driver's insurance company with a blanket medical authorization, you may provide them with the ability to obtain any and all of your medical records whether related to the accident or not. Information gathered from these unrelated medical records may be used against you in negotiating a settlement of your case.

Should I accept a check from the faulty driver or the faulty driver's insurance company?

No. The acceptance of a check may be construed as a settlement barring any further recovery against the driver at fault or his or her insurance company. You should not accept a check or sign a release from the faulty driver or his or her insurance company until after you has completed medical treatment and has been released by a doctor. Otherwise, you risk settling your case for an amount, which is insufficient to cover your medical bills and other damages. Insurance adjusters are trained professionals well versed in the art of settling claims for the lowest possible value. They employ a variety of techniques to convince claimants that they are better off settling their case themselves than by hiring a lawyer. You should consult an attorney prior to accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and to insure that you are not jeopardizing your right to a full and fair recovery.

What photographs and other documentation will be helpful to my attorney in pursuing my claim?

Photographs of injuries, bruises, etc. can help substantiate damages related to medical treatment and pain and suffering. Photographs of vehicle damage and other property damage can help demonstrate the force of the impact and the extent of the property damage. Finally, photographs of the accident scene, including skid marks, can help establish who was at fault. Obviously, the timing of these photographs is critical. As wounds heal, they do not appear as serious. Therefore, photographs should be taken early on and at each stage of the healing process. If you are represented by The Law Offices of Randal L. Meek, P.C., we will usually have a photographer and or accident investigator secure these items for your case. Other helpful documentation includes medical records, medical bills, prescription records, and lost wage information.

Why retain The Law Offices of Randal L. Meek, P.C. for your automobile accident?

The Law Offices of Randal L. Meek, P.C., has been representing people injured in accidents along the Wasatch Front for over 15 years. We have the experience and resources necessary to provide you with the representation you deserve regarding your injuries. Whether your case is settled or litigated, we will be there for you.

Call us anytime for free information 801-566-8118. We can come to you if you are unable to come to us. We are "The lawyers who care - serving you!"

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