Normand & Associates

Legal Tips (Auto)

Car Crash Guide

Cooperate with law enforcement authorities.

Avoid any confrontations.

If you are injured, be sure to get medical care immediately.

Remember that many injuries will not be apparent for a day or two. If possible, get names and addresses of any witnesses.

Ask a family member to take photos of your injuries, your car and the scene of the accident. Also take photographs of all of your injuries again a couple of days later, when bruising may be more visible.

Beware of insurance companies that often want to settle quickly. Be sure to consult with an attorney regarding your rights and then decide what course is best for you.

Automobile Accident Cases

Which insurance company should I file my property damage claim with?

If both you and the person responsible for the accident have insurance coverage, you have the option of submitting a property damage claim to your insurance company under the collision coverage of your policy, These amounts would not be reduced by any deductable, or submitting a claim against the other person’s insurance carrier for the damage to your vehicle. The downside of submitting a claim to your insurance company is that you will have to pay your deductible to have your vehicle fixed. The upside is that often times it takes less time to process a claim with your own insurance company because, under your collision coverage, it does not matter who is at fault for the accident. Your insurance carrier only needs to determine the amount of the damages and not liability.

If the other person’s insurance carrier accepts liability for the accident immediately, it may be wise to file a claim directly with the other person’s insurance carrier. That carrier will be responsible for reimbursing you for a rental vehicle, for a reasonable period of time until your car is fixed, and will also be responsible for paying the towing and storage charges.

Regardless of which carrier you file your claim with, most times a reputable auto body shop can deal directly with the insurance company to reach an agreement on the appropriate amount to be paid to have the car repaired. If your vehicle is declared a total loss, you should find out the bluebook value of your vehicle as a guideline to what the insurance carrier should be offering you. Property damage claims are often times frustrating because the market value of the car is sometimes less than the outstanding loan and usually less than what the car is actually worth to you.

Who will pay my medical bills?

There are three potential sources of payment for the medical bills incurred as a result of an automobile accident: 1) your health insurance carrier; 2) your automobile insurance carrier; and 3) the automobile insurance carrier of the responsible person.

Bills should be forwarded to your health insurance carrier. In the vast majority of cases, the responsible party’s insurance will not pay the medical bills until the claim is settled.

If you have automobile insurance, you should submit bills to your automobile insurance carrier for payment under the medical payments (med-pay) provisions of your policy. New Hampshire law requires med-pay of at least $1,000 be offered with every New Hampshire automobile policy.

While your health insurance carrier usually has a right of subrogation to receive reimbursement for medical bills it paid once you settle your claim, New Hampshire law prohibits subrogation for medical payments coverage under your own automobile insurance.

As a courtesy to our clients, we submit the medical bills to our client’s insurance carrier for payments under the med-pay provisions of the policy. We do not take a fee for this service. It is our goal to make sure each client gets the maximum amount of insurance coverage available, regardless of the source.

How long does the claim take?

The answer to that question is largely dependent upon the nature and severity of the injuries. If you are injured in an automobile accident that is someone else’s fault, you are entitled to receive your lost wages, and reimbursement for medical expenses and pain and suffering. Because your future pain and suffering is an important factor in the value of your claim, it is not wise to settle a claim before you have reached your maximum medical improvement.

Reaching maximum medical improvement does not mean you are pain-free. It merely means the active medical care has ended. Unless we have a final report from the doctor, it is extremely difficult to properly evaluate a claim for settlement. Accordingly, how long your claim takes depends on how long it takes to reach maximum medical improvement.

How much is my claim worth?

Once again, this depends on the nature and severity of your injuries as well as the amount of medical bills, lost wages, and lost earning capacity. Under New Hampshire law, you are entitled to receive full, fair, and adequate compensation for your out-of-pocket expenses, as well as your pain and suffering. Fair and adequate compensation for pain and suffering increases substantially if you have sustained a permanent injury that restricts you from either working or participating in hobbies or sporting activities you enjoyed prior to your injury. Each insurance carrier evaluates cases differently and it is helpful to know what information each carrier deems important.

Do I need a lawyer?

Allstate Insurance sometimes gives people who have been injured by Allstate-insured drivers a brochure which suggests the injured person will not need a lawyer in order to settle a claim with Allstate. Taking advice from an insurance company on whether you need a lawyer or not is like asking a salesperson who is selling time share units whether you are getting a good deal. While in some cases the advice may be accurate, it is always wise to get a second opinion. At Normand & Associates, we regularly speak to people free of charge and give advice on how to settle a small claim without a lawyer’s involvement. Most clients appreciate our honest advice and end up referring cases to our firm in the future.

Auto Insurance Claims

The Benefits Of Your Own Policy

As a Licensed Claims Adjustor, Attorney Jim Normand has a lot of experience dealing with personal injury claims. Being in an accident is an unpleasant experience, especially when the accident is not your fault. When your car is totaled and you sustain injuries that require a lot of medical treatment and time out of work, it can cause you a great deal of stress. Our attorneys at Normand & Associates understand that it is their job to make that experience more tolerable for you by making sure you receive each and every benefit you are entitled to on a prompt basis, without hassle from the insurance company.

Most people purchase automobile insurance to protect themselves in the event that they cause an accident and need adequate insurance to cover a third party. What they don’t realize is that their insurance policy can work for them too, regardless of fault. The most important coverages on your policy are the Liability Coverage, Uninsured/Underinsured Motorist Coverage, and Medical Payments Coverages.

Liability Coverage

Liability coverage protects you in the event that you cause an accident that results in property damage and/or bodily injury to another party.

You should talk to your agent about increasing your liability coverage. Although you will pay a slightly higher premium, you will protect your personal assets. Moreover, since liability limits have to match uninsured motorist coverage, higher liability limits protect you if you are hurt by an uninsured or underinsured driver.

Uninsured Motorist Coverage

Uninsured motorist coverage protects you when you are injured in an accident that was caused by an uninsured person. New Hampshire does not require every driver to carry auto insurance. The limit of this coverage equals the amount you choose for your liability coverage. You can usually obtain higher liability and uninsured motorist coverage at little or no extra cost by simply increasing your deductibles in other areas of your policy.

If you are hurt by an uninsured driver, you can pursue your injury claim against your own policy under the uninsured motorist coverage. Your insurance carrier may or may not advise you of these rights, and it is always a good idea to consult with an attorney to discuss your options.

Underinsured Motorist Coverage

This coverage goes hand-in-hand with your uninsured motorist coverage. In the event that the responsible party does not have adequate insurance coverage to compensate you for your injuries, you may be entitled to additional coverage on your own policy.

Medical Payments Coverage

Also known as med-pay coverage, this coverage is designed to pay for any medical bills you or any passengers in your vehicle may incur as a result of an auto accident. The coverage is there, regardless of liability, and will not affect your rates. You can get prompt payment of your bills and pursue the driver who was at fault later. That person’s insurance company will not agree to pay your bills as you receive treatment with doctors. Rather, they will want to make an offer to settle all of your damages in one lump sum which will also include compensation for lost wages, and pain and suffering.

If you must seek medical treatment, definitely contact your own carrier and use your med-pay coverage. That way your bills will be paid in a timely manner, helping you avoid hassles with collection agencies. You should think of it as health insurance on your car. Again, talk to your agent about increasing the amount of your med-pay coverage. You will find that the few dollars difference you pay in premiums will be worth it when you are injured in an accident.

Computer Program Settlement

Insurance companies’ computer programs delay settlement.

In recent years, insurance companies computer programs, such as “Colossus” or “Teach”, have been used to evaluate your accident and injuries and determine how much money it will pay a person for his or her injuries and financial damages.

Computer programs cannot determine the impact of your loss when you have been involved in an accident. How much money does a person, who has ongoing pain and limitation of mobility, deserve? How much money does a person, who can no longer pursue his favorite physical activity as a result of the collision, deserve? Often we are forced to file suit before certain insurance companies seriously consider your claims.

It is important to know the tactics that some insurance companies use and to know your legal rights. You should not rely upon the insurance company to protect your interests, because the company needs to limit the money it pays to people with claims and make a profit. If you have a question regarding insurance company practices, your benefits under your policy, or a claim you have, please feel free to contact our office.

Summary

Finally, talk to your insurance agent about getting the best coverage that you can afford. Saving a few premium dollars a year could cost you significantly more if you are in an accident. Also, take time to actually read your automobile insurance policy to see what you are entitled to and are paying for. Don’t assume that your insurance company will be looking out for you.

Uninsured Motorists

Did your insurance companty remind you of this important right?

PROTECT YOURSELF WITH YOUR OWN INSURANCE POLICY.

New Hampshire is a state that still allows individuals to operate a motor vehicle without liability insurance coverage. Even if a careless driver has insurance coverage, they frequently have too little to cover the injury. Clients can protect themselves, however, by making certain that their own vehicles have adequate uninsured and underinsured motorist coverage. An umbrella policy, on top of that, is also always a great idea. Your own automobile policy covers you whether you are in your car, a passenger in another car, on a bicycle or even if you are injured as a pedestrian.

When our clients have adequate uninsured and underinsured coverage limits on their own policy and sustain significant injuries, we frequently are able to settle with the actual wrongdoer for the amount of their policy limits (usually $25,000) and then pursue an underinsured motorist claim under our client’s own automobile policies. An underinsured motorist policy covers any occupants of the vehicle in which the policy is written as well as family members of the policy owner in other vehicles and even while on the street as a pedestrian.

We recommend a minimum of $250,000/500,000 uninsured motorist coverage (which has to match liability coverage, and at least a $1,000,000 umbrella policy that also provides uninsured motorist coverage.

By working with your insurance agent, you can usually adjust your other coverage and deductibles so that you could obtain this much more secure insurance coverage at little or no additional cost. A good insurance agent could be very helpful here. Make certain that you tell him that you want at least $250,000/500,000 UM and liability coverage and at least a $1,000,000 umbrella policy with UM coverage.

We hope that you never need your uninsured motorist coverage. If you or your family member is involved in a serious injury, however, adequate insurance coverage can make the difference for the rest of your life.