top 5 reasons you should hire a personal injury lawyer

Top 5 Reasons You Should Not Hire a Personal Injury Lawyer

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Top 5 Reasons You Should Not Hire

a Personal Injury Lawyer

This article might come across as facetious and sarcastic. If it doesn’t . . . it should. Please forgive us for being a bit tongue-in-cheek. The sad truth is, we actually hear misinformed people make these arguments with a straight face.

#1 It’s Greedy

You should not hire a personal injury attorney because it is very greedy.  I mean after all,  if you got hurt because someone else made a mistake while driving, you should have to bare the brunt of that cost and deal with that.  So what if your life is ruined? If you are missing work and incurring large stacks of medical bills that is your problem.  There is no need for you to be greedy and go out and hire a personal injury attorney.

#2 You Can Do It Yourself

After all, if your pipes break in your house, you go in and fix your plumbing yourself right?   You just figure it out.  I am sure that there is nothing that an attorney might know about the legalities of your personal injury case that you don’t know already.  Besides, the court system is designed to be extremely simple.  So simple that anyone can just figure it out and things will work out just great.  You can go ahead and do it yourself and it shouldn’t cost you anything.  You are probably quite capable of getting more money than the people who have spent eight years going to school in order to learn the skills in order to get this done for you. So have at it!

#3 Insurance Companies Want to Give You Their Money

This is evidenced by the fact that insurance premiums are so low and that they are always so pleasant to deal with.  In fact, the insurance companies that want to give you the most money are the insurance companies that you don’t even have a relationship with.  The very companies that are actually defending the person that hit you are the ones that are the most eager to pay you money.  I’m sure that you will have a very pleasant time with the insurance adjuster who will be very honest and forthright and will want to pay you the maximum amount that they can get away with.  I’m also quite sure that their company won’t mind and that they don’t have any bonus structures in place that incentivize the adjusters to pay you as little as possible.

I mean any interactions that you have had with insurance companies in the past has probably proven this to you.  They like to charge very little and pay out as much as possible.  That is the business model they have used to be successful for so many years.

#4 Lawyers are Liars

I have heard that when attorneys are licensed by the bar of the state they practice in that they have to go through a very intensive and invasive character and history research check off.  This is where their past is thoroughly looked into.  Everything in their life from a minor traffic infraction to any type of impropriety whatsoever.  Their entire employment history, their entire educational history are thoroughly researched and only when they pass this rigorous background check are they able to be licensed in their state.  Any acts of dishonesty can and likely will result in the attorney being disbarred and they will be unable to practice law.  They will be unable to earn a living in the field that they have spent several years of their life going to school for.  They have spent several hundred hours studying for the state bar exam in order to pass.  They have put themselves through heck and paid a lot of money to do so, but they will lose their ability to practice their profession.  They may have to go back to selling shirts at a clothing store in the mall.

But even though they have had to pass all of those high ethical standards and they know that they are under constant threat of being disbarred for anything that they do that is dishonest and that in fact, an attorney’s requirements for honesty are higher than any other possible profession that there is, in spite of all that, I am convinced that lawyers are liars because I have seen it on television.  I have seen billboards in Las Vegas featuring fake smiles with bleached teeth on very muscular lawyers who look like liars.  They basically look like used car salesman in suits.  They are pirates.  I have heard stories my whole life about how lawyers will just try to rip me off and so I am sure that lawyers are liars.  I am also sure that you should be sure of that as well.

#5 It’s Not Neighborly

The fifth reason that you should not hire a personal injury attorney is because it is not the neighborly thing to do.  By hiring an attorney, you are just ruining a relationship with some poor person who has hurt you and caused your life major problems.  Why would you do that?  Yes, that person might have insurance that will pay for any damages that you have incurred.  Their insurance policy is there and intact whether you use it or not, but it is still not neighborly.  You should not cause anyone any stress just because they may have hit your car and tipped over your entire family with their dump truck.  This does not mean that you should make a claim on their insurance policy.  You should just suck it up and give them a warm embrace and not do anything about it.  No matter what you say to them I am sure that they are not going to understand if you need to make a claim on their insurance.

You know some people might think, “Hmm, to me it seems like the unneighborly thing to do would be to be responsible for hurting someone else and their family and then not offering to make it right.  It is unneighborly to not  live up to one’s mistakes and fail to make someone that you hurt whole.”  But I disagree with that.  I think that it is not neighborly to make a claim on someone’s insurance.  People should just be allowed to do what they want.  They can hurt people and not have to be accountable for it.  Nobody likes accountability, it’s just not very fun.

So those are the five reasons that you should not hire a personal injury attorney.

McMullin Injury Law serves clients throughout Southern Utah. This includes St. George and Cedar City.

Andrew Spainhower St. George

The 5 Most Common Reasons People Hire Attorneys

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5 Most Common Reasons People Hire Attorneys

This article’s purpose is to provide information regarding attorneys in general.   At McMullin Injury Law, we handle personal injury law. Personal Injury law is only one small sliver of the legal problems that people might have that would require an attorney. This article will educate the reader as to the different types of law that attorneys practice and give examples of situations that would require those types of lawyers.

#1  Business Issues

One of the most common reasons that people hire an attorney is for business issues. Whether that is business formation, writing contracts for business to business relationships or business to consumer relationships.  A business owner may also need to hire litigators to dispute contracts between businesses or between businesses and consumers.  Credit collections and those types of things also fall under the umbrella of things a business attorney might do.  It’s very important when you are forming a business entity to have it done by an attorney who is familiar with those processes that can not only form the entity correctly but give you the counsel that you need as you do so.  This is necessary to have you set up properly for taxation issues, growth issues and ownership issues, as well as whatever other legal issues, might arise.  An attorney will help you determine if your business should be an LLC (limited liability company) or a corporation.  Your attorney will also be able to help you understand your business and provide you with standard contracts for clients and help you understand contracts that you are entering into as well.

Other circumstances that a business might need an attorney would be when they are considering a merger or an acquisition of another company.  They might need help understanding zoning compliance or they might need one that understands how to register federal trademarks and copyright protections on products and services that a company may produce.  An attorney’s expertise in understanding the legal terms and ins and outs of leases would be valuable when negotiating for a new office space or expansion.  In addition, an knowledgeable attorney in this field would be able to anticipate potential problems in a new lease and should be able to provide a standard “tenant’s addendum”  that can be added as an addendum to any printed lease.

#2  Estate Planning

Estate planning is the second most common reason that people hire an attorney.  Mostly what this means is protecting one’s assets for the future.  As people are advancing in years or accumulating assets they want to have a plan in place for what happens with all that they have accumulated in the event that they pass.  They want to be sure that their wealth and assets are protected when they are gone.  Everyone will eventually pass away so this planning is very wise.  If you don’t have some type of plan in place that meets all the legal requirements in the state that you live in, your belongings will pass through intestacy- which is just a default state process.  If this happens you may have things going to people that you do not intend them to go to.

Effective estate planning will prevent this from happening.  In the event of a death, the transfer of wealth to other family members will be efficient and private without the need for courts and lawyers and the assets will be free of estate taxation as well.  Estate planning could also include providing for elderly parents or a disabled family member or children of a previous marriage.  In addition,  trusts, wills, and family limited partnerships can be used to eliminate estate taxes and still meet the needs of the client and his posterity.

#3 Family Issues

The third most common reason people hire an attorney is for family law issues. The most common need for this type of lawyer would be divorce.  Sometimes after a divorce, the need arises for modification of the original divorce decree.  These types of changes might include visitation rights, child custody, the collection of child support, spousal support or division of property.  Family law attorneys also handle cases involving paternity and guardianship.

The area of guardianship would apply in several situations.  One example would be if you were caring for someone else’s child other than an agency placed foster children.  If you are providing care for a child whose parents are unable or unwilling to provide that care, establishing legal guardianship would help you make decisions concerning the child when the parents cannot or should not.  This guardianship does not guarantee that the parent cannot come and take the child but it certainly helps establish that the welfare of the child is your responsibility.  Another example of the need for guardianship would be a case of a person being incapacitated by injury or disability.  This could be the result of an accident, disease, mental or physical disabilities or aging.  The purpose of guardianship is to appoint a responsible adult to make decisions about care, finances and other life decisions for a person who is incapable of making those decisions on their own.  The role of a guardian is to facilitate the independence and self-reliance of the person they are acting on behalf of.  An example of this would be a person that suffers a coma after a serious accident.  The coma victim will need someone to act on their behalf regarding medical treatment and other financial and non-financial decisions.

Adoption is also a matter that falls under the category of family law.  Adopting a child is a wonderful life event that is accompanied by legal matters that will require professional help to successfully navigate.  A family law attorney can help you negotiate fair terms with the birth parents as well as representing you in court hearings and communicating with adoption agencies on your behalf.  Whether you are planning a local adoption with an agency or a foreign adoption, an experienced family law attorney will be able to make sure that your documents are in order and you and the child are protected by the law.

Still, other cases for the family law arena would be cases involving juvenile delinquency, child rights, and emancipation.  Emancipation would be a minor (under the age of 18) who wishes to be legally responsible for him/herself.  A situation that might lead to this desire would be if the minor were married or the parents are abusive, or if they have an objection to the parents living situation or they have been kicked out of their parents home.  The laws regarding emancipation differ from state to state and so it would be wise to counsel with an attorney to review the laws that pertain to your particular situation.

#4 You’ve Been Charged with a Crime

Criminal law is the fourth most common reason that an attorney would be hired.  If a person is being charged with a crime then they would need an attorney that handles criminal law.  For people who cannot afford an attorney in the United States, they can actually have one appointed for them.  Those attorneys are called public defenders and their services are free to the defendant.  They are paid by the government to come and represent people that cannot afford their own criminal defense attorney. Most of these lawyers have extensive prior experience with the judges and the prosecuting attorneys that will try your case.  They have likely negotiated with them on many prior cases.  Usually, they are backed by offices that have investigators and researchers on staff that can work on your behalf.  They also have other resources available to them to assist indigent defendants.

Those who can afford their own attorney will probably be hiring a private criminal defense attorney. One advantage to hiring one’s own attorney to represent them is that their caseload may not be quite as full as a public defender and so the defendant may receive more individualized and focused representation.  Also because they are being paid by you, they may prioritize more time to devote to your defense. In either case, the law provides for a defendant to receive fair representation in a court of law in matters regarding criminal charges.

#5 One Person Hurts Another

The fifth most common reason that an attorney will be hired is when one person hurts another.  These types of cases are civil matters.  A crime has not been committed but rather an accident or negligence has occurred.  These are the type of cases that we handle at McMullin Injury Law.

In the event of most accidents, people don’t hurt each other on purpose and so it’s not a crime.  Jail time is not a punishment for an accident.  The at-fault person is not charged with any felonies or misdemeanors.  Instead, a civil wrong is referred to as a tort.   A tort is a wrongful act or an infringement of a right leading to civil legal liability.  In other words, the injured party has the right to be made whole by the person responsible for the accident.  A personal injury attorneys job would be to see that his client received a sufficient settlement to meet their needs resulting from an accident. These needs may include payment of medical bills, repairs or replacement of a vehicle or other property damage and compensation for lost wages or compensation for lost capacity to function in normal, everyday activities.  In the case of an automobile accident, an attorney would advise his client about the best way to proceed if the involved insurance company is not offering a fair and reasonable settlement or denying the claim.

Personal injury attorneys are only one branch of civil law.  Medical malpractice attorneys would be another.  These attorneys represent cases where clients have been injured through mistakes or negligence by physicians.  In a case of this type, there will be a need to prove a causal link between the injury and the measurable harm to the patient.  A lawyer experienced with malpractice cases could help a client navigate through the many laws that apply to this situation and determine if they really do a have a case.

There are several areas within civil law wherein the attorneys litigate cases but it all typically comes down to money or equity.  Personal injury attorneys are really representing cases about damages and rights and where the money should go rather than whether or not one person should go to jail or who is guilty of a crime.  Personal injury law seeks resolution for individuals who have been hurt through no fault of their own.

In review, this article has attempted to provide a brief overview of the different types of attorneys and the specialized types of services those attorneys can provide.  Quite often, when the need arises to hire an attorney, it is under duress.  For this reason, it is good to have a relationship with an attorney that can either help you with your present needs or refer you to someone that can.

In St. George there are many attorneys in every one of these categories that are very qualified to help you with all your legal needs.  If you are in need of an attorney here in St. George, even it’s something that we don’t practice here at McMullin Injury Law, we are happy to chat with you about your problem, and give you some general guidance up front and then refer you to several strong options for attorneys that practice law  in the arena that you really need.  Attorneys in St. George tend to have working relationships with other attorneys in town and this benefits those in need of legal services.  At McMullin Injury Law, our attorneys strive to maintain strong relationships with several attorneys in every one of these fields of law.  We can help you find your way to professional legal representation that can handle your legal matter appropriately.

Andrew Spainhower

Top 5 Most Common Causes of Car Accidents

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Top 5 Most Common Causes of Car Accidents

People cause accidents in many different ways, but typically the cause can be categorized into a few basic careless mistakes that even good drivers make from time to time. Being aware of the increased probability of a collision that these actions create can help drivers prevent dangerous and expensive consequences. These top five mistakes are common among the best of us, but are easy to avoid. A little extra time and focus can save a lot of money, stress, and likely even save a life.

  1. Distracted Driving

    One of the most common causes of serious accidents is distracted driving. Distracted driving may also be the most common cause of all accidents in general. Distracted driving accidents are serious because when a driver is not focused, he or she is not able to slow before a collision, while a focused driver might be able to slow enough to decrease the impact of the crash. Some of the more common forms of distracted driving are texting while driving, making a phone call, or using a cell phone in any way. In Utah, the new cell phone law says that use of your cell phone that requires the use of your hands while driving is illegal. To clarify, scrolling social media, surfing the web, or sending a text are clear violations of Utah law and prime examples of dangerous distracted driving behavior. However, use of a Bluetooth device, brief or hands-free use of GPS, or voice-activated features are allowed while driving in the state. There are numerous other ways a driver could be distracted while driving: eating while driving, getting distracted by something on the roadside, attempting to multitask during a commute, or a passenger causing a commotion in the vehicle.  If a driver is distracted by anything inside or outside the vehicle, their reaction time is severely compromised, potentially leading to serious accidents, injury, and expense. A phone call or text might seem urgent at the moment but is never worth the risk. Being a focused driver can be difficult, but it makes a big difference in your safety and the safety of those around you. It is wise to practice observing objects at a distance as you drive, or try talking out loud about what you see and how you are reacting as a safe driver. Such mindfulness practices can make focused driving a little easier.

  2. Shooting gaps

    The roads can often get quite crowded and busy in St. George and other Utah cities such as Cedar City, and people often grow impatient and try what is referred to as “shooting a gap,” or darting their car out into traffic while changing lanes, merging, or turning, although there is not actually sufficient time or distance. This is a very common misstep and an unsafe alternative to waiting for a larger clear break in traffic before making a safe maneuver. Shooting gaps can be especially dangerous when a driver is making a left-hand turn, whether at an intersection or from private property out into a main road or highway. Left-hand turns are generally the most dangerous turns to make because they often require a driver to cross a higher number of lanes of moving traffic to make the turn than a right-hand turn does. Left-hand turns that are rushed and poorly judged cause accidents that can happen at stop signs, traffic lights, or simply while a driver attempts exiting a parking lot. Often drivers may misjudge speeds and distances of oncoming vehicles. If a driver pulls out in front of an oncoming vehicle close enough, according to the Utah law, “so as to constitute an immediate hazard,” then that driver will be at fault for the accident, not the driver that could not stop in time to avoid the collision. The driver “shooting the gap” will be cited for a collision in such a case. A driver passing on the main roadway or highway has the right of way and must be allowed time and space to safely make their way through. Additionally, the driver traveling straight has the legal right in the state of Utah to assume that other drivers will not pull out or cause a hazard in the roadway front of them. Hence, pulling out in front of another driver or “cutting them off,” without giving them time to slow down and avoid a collision puts you at fault for an accident. Whether the driver traveling straight has time to slow, or hits the other vehicle at full speed, the vehicle “shooting the gap” will still be at fault for the accident, by way of causing an immediate hazard in the roadway. It is best practice as a safe driver to wait patiently for large, generous gaps in traffic before pulling out to turn or merge. Patience can help drivers to steer clear many dangerous and avoidable accidents and injuries.

  3. Speeding

    Speeding creates circumstances in which the severity of accidents that occur is heightened considerably, and perhaps more importantly, speeding delays the time that people have in order to respond to one another’s actions in traffic. Speed limits are put in place on roadways for a reason; the specified speed is determined to be safe for the conditions that are typically present on that particular road. Utah law actually dictates that drivers must drive at a reasonable speed for the current road conditions, with the marked speed limit set as an absolute maximum. For example, in construction zones, heavy business traffic, limited visibility, inclement weather, or other dangerous conditions, a driver may not legally assume that he or she can always drive at the speed limit as posted automatically. Drivers are legally required to slow down and observe hazards in the roadway before proceeding at a cautious speed. If a driver is traveling at a speed faster than reasonable for the conditions of the road, he or she creates danger for everyone around, including passengers, pedestrians, and other drivers. If one driver stops suddenly in front of another driver, the second driver will need time to react quickly. In addition, drivers in the proximity of one another might reasonably expect each other to be driving more slowly according to the speed limit, and then one driver could cut another driver off inadvertently, causing injury or accident to one or both parties. Speeding can often cause, and ultimately worsen, many different types of dangerous scenarios and collisions.

  4. Cutting it too close at stop lights.

    Accidents at traffic lights can be very severe and traumatic, causing brutal damage to vehicles and patients. Vehicles are often t-boned in intersections on major roads, causing serious injury, or perhaps even fatality. This occurs when the front end of one vehicle collides with the driver- or passenger-side door of another car, directly where a person is positioned in the vehicle. These particular types of accidents can cause major damage and injury, even if the impact is not necessarily great, simply because of the proximity of the impact to the position of the driver or passenger sitting in the car. Accidents at intersections are sometimes caused by distracted driving, leading a driver to run a red light. But oftentimes, the driver is not distracted at all, but instead, trying to speed through a yellow light and avoid stopping at the intersection altogether. When this happens, things typically play out the same way each time: a light turns yellow, and an approaching vehicle speeds up instead of slowing down as they come to and travel through the intersection. In the seconds that follow this vehicle’s acceleration, the traffic light may turn red, and the crossing traffic may begin to proceed into the intersection, and that is exactly prime time for a dangerous accident to easily occur. One helpful tip here for defensive driving is to treat a green light as you would a stop sign and take a quick glance in either direction to make sure the roadway is clear and that traffic is stopped completely on both sides before you proceed to cross the intersection. This tip applies especially if the light has only just turned green. Checking the intersection in this manner before proceeding at a green light can prevent a great number of accidents, as can slowing and stopping each time you approach a yellow light. As long as you can safely stop in the remaining distance before you reach the intersection, you should always stop when a traffic light turns yellow.

  5. Following too Closely

    The number one most common type of accident on our roadways is a rear-end collision. Rear-end collisions can be caused by a combination of other common causes of accidents: sometimes a driver is distracted while driving; sometimes a driver is speeding; and sometimes a driver is following too closely for the conditions of the road. In short, this means the driver does not leave enough space between their vehicle and the vehicle in front of them, in order to safely see the conditions ahead of their car with enough time to react in case of a hazard. Each driver needs enough space in front of their vehicle to respond to emergency conditions by slowing in time to avoid a collision. It is wise to remember that you always want to follow the vehicle driving ahead at a safe distance, specifically by leaving at least three seconds between your vehicle and the one ahead of you, in cases of perfect driving conditions, according to Utah driving law. However, it is equally important to keep in mind that for added interfering driving conditions, such as rain, snow, fog, construction, heavy traffic, or even stress, Utah law actually requires drivers to create an additional one second of distance for each hazardous or distracting condition. These laws are in place to allow drivers the likelihood of having enough time to slow and stop in the case of a hazard in the road that may cause an accident, particularly a rear-end collision. If you do have the misfortune of causing a rear-end collision, it is very likely that you will be cited for following too closely, and perhaps even other traffic violations as well. Although there may be other external reasons that the rear-end collision occurred, the citation for following too closely is somewhat of a default. However, you may have been able to stop had there been more distance when those other outside complications or hazards arose in the roadway or traffic. In almost every case of a rear-end collision, a driver is cited for following too closely, and these accidents are all too common even for the most experienced drivers.

These are the five most common causes of car accidents. By being aware and avoiding these common pitfalls and mistakes, you can be a safer driver.  Hopefully, you will be able to take comfort in knowing that a few simple tweaks to your driving habits can keep your loved ones safe, your driving record clean, and your hard-earned money in your pocket.

car fixed after crash

5 Tricks to Get Your Car Fixed After A Crash

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5 Tricks You Should Know About Getting Your Car Fixed After A Crash

After a crash, where do you start? How do you make sure to get your property damage claim handled properly and make sure you are not taken advantage of by the insurance company? You do have options when making a claim and getting your car fixed that you may not even be aware of. The purpose of this article is to educate you about at least 5 tips that you could benefit from when you need to use your auto insurance. As an insurance consumer, there are things that you should know about how to get optimum benefits from your auto insurance after a crash. Car Insurance coverage is a service that you pay for each month but you rarely ever use, so most of us are not experts.

As a personal injury attorney, I handle hundreds of car accident claims per year. Here are 5 tips I’ve picked up over the years: (all 5 of these tips are described in full detail below).

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          1. You can choose which insurance company to use.

          2. You can pick the auto body shop of your choice.

          3. You can choose whether to fix the car, or keep the money. 

          4. You can choose to keep the car after a total loss or not. 

          5. You do not have to accept their offer. 

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#1 You Can Choose Which Insurance to Use After a Crash

You can choose which insurance company to use if you are not at fault for the accident. So if somebody else is at fault, you are going to have a choice about which insurance company you are going to go through to get your car fixed. There are pros and cons to each one. You could go through your own insurance company. You are paying for that insurance and they have a contract to provide you with coverage. If you have comprehensive and collision coverage on your vehicle, you have been paying for that every month. However if you only have liability coverage on your vehicle, you will not have the choice. You will have to go through the at-fault driver’s insurance.

If you go through your own, they owe you through what is outlined in your insurance policy. This means that your deductible will apply. Most people have a $500 deductible on their policy which means that your insurance will pay the total cost of repair to your vehicle minus the deductible amount.   The deductible amount of $500 would be your responsibility. So the proof going through your own insurance is that it is a little quicker and little easier because there is no question about liability before the claim is paid. The con is that you have to pay the deductible.

When you go through the other parties insurance, they will need to make a liability determination first. If their insured admits that they were at fault, it make things a little quicker, but if they don’t then you have to wait for a police report and a recorded statement. This process may take a week or two for the other insurance company to admit that they are at fault for the accident. Once they do though the advantage is that now you don’t have to come up with the deductible. They owe you money to fix your car through tort. A tort is a civil wrong that means when we don’t have a contractual relationship but one person owes a legal duty to another, that is a tort. So when you go through the at-fault insurance, it takes longer but there is no deductible.

However if you do go through your own insurance, when it is determined that you are not at-fault, your insurance company will reimburse you the amount of your deductible. This happens because the at-fault insurance company has paid your insurance company back the amount that they paid for your expenses. Some people might ask, “Why would I go through my own insurance company? This will cause my premiums to go up.” Premiums go up based on fault. The insurance company is trying to assess future risk. They don’t go up based on claims. If you make a claim and you are not at fault for the accident, your insurance will likely not to go up. That’s because your insurance company is going to get back all of the money they paid out for you from the other company. If you have a good insurance company often times you can ask them to front the deductible, in other words, you would not be “loaning” the amount of the deductible for the repairs because they will get that money back anyway. Car accident attorneys can explain this idea for fully if you call 435-673-9990.

Car Fixed

#2 You Can Choose Which Shop to Use

Often times, the insurance company that you go through has a preferred auto repair shop that they use. They may have two or three options and they will give you the name and address of those shops and recommend that you use them. You can choose to use their suggestion but you don’t have too. It may be the quick and easy thing to do because the shop is used to working with your insurance and they are familiar with their way of doing business. For this reason, this shop is motivated to keep costs down to please the insurance company. Often these shops are reputable companies and they do good enough work because the insurance company doesn’t want shoddy work but they are definitely motivated to give the lowest bids possible to keep getting future work coming from that insurance company. You do have the right to take your car to the shop of your choice however, the insurance company may require that the repairs are fixed for the same amount that their shop bid or that their adjuster bid.

Some insurance companies may require that you obtain bids from three different shops for the repairs and then they will approve the median amount. If this is the case, once you have the bids, you can take the car to the shop you choose but they will need to complete the repairs for the approved amount. St. George Utah lawyers can provide more information if you call McMullin Injury Law. The insurance company owes you more than just the cost of repair. They also owe you cash for the amount that your car has depreciated due to the accident. In Utah, this is called diminution in value damages. For more on that, click here.

#3 You Can Choose to Fix It or Not

You can actually choose to fix your car or not. If your car is not totaled but it is damaged, but you prefer the cash rather than the repair, you have that option. Let’s say your car has $2,000 worth of damage but it is still drivable and the cosmetic issue isn’t something that bothers you. You can opt to take the money and not have the repair done. They owe you that money whether you get the car repaired or not. You could also have a bid from a shop that is high and then take the car to a friend or someone that will do the work for much less and then pocket the difference. That is your choice. If you do decide to take the money and not get the repairs done, the insurance company may exclude that portion of your car from any future repair in case another accident were to occur and damage the same area of the car. Another fact to be aware of if that if you have a lienholder, or lender, on your auto then you will probably need to get the repairs done. If you do not, you may encounter a problem when you try to sell the car. Body damage causes the value to go down and may actually cause you to be “upside down” on your auto loan. Meaning you owe more than the car is worth.

If you own the car free and clear you certainly do not have to make the repairs as long as the car is safe and can pass inspection. If the car is older and the damage incurred is minimal, you may consider not even turning a claim in. If the amount of damage is below your deductible amount anyway and the accident is your fault, there is no need to contact your insurance company to get your own car fixed. However if you caused damage to another car, you will definitely need to make a report to your own insurance.

#4 You Can Choose To Keep the Car or Not

If your car is totaled in an accident, you can choose to keep the car or not. What this means is that if your car is damaged and the repair estimate comes back higher than the value of your vehicle, then the insurance company, whether it’s the at-fault company or your own, has the option to pay you value of your vehicle. They can do that, it is their option. If they do choose to do that, they will run an evaluation, or a fair market analysis, and come back with a value and make you an offer. They may or may not be low on that offer and you may have to negotiate with them as well and prove that the car is worth more. For instance they may not have considered that your car has very low miles or you had made special upgrades to it that made its value go up. But that’s not the point, the point is whether or not you want to keep the car. Let’s say your car is worth five grand. They are going to pay you five grand but maybe that car can still run.   Even though it is totaled and even though it has major damage it can still get around. Or maybe you want to take the tires off of it or salvage the parts. Whatever that reason might be, you have the right to keep it. You can have the insurance company deduct their salvage value from their offer. So if their offer is $5,000 and their salvage value is $500, they would give you a check for $4,500 and instead of them picking the car up, you would keep the car. Keep in mind that if you plan on driving the car, it will need to be able to pass inspection and be insurable. Your own insurance company would probable exclude the existing damage from future comprehensive or collision coverage unless the repairs are made at some point. Personal Injury lawyers in Cedar City can provide more information.

#5 You Don’t Have to Accept Their Offer

This goes back to a total loss of your vehicle. Just because they say they figured out your car is worth $4,000 and they will send you a check in the mail, doesn’t mean that you have to accept that amount. That is not the end of the discussion. You have to agree. You are making a deal where both sides need to agree on what your car is worth. If they are offering you $4,000 and you think your car is worth more then you will have to go through the effort of proving how much your car is worth. Facts that could affect the value of your car would be details like extremely low mileage, upgrades by the manufacturer of yourself, custom paint jobs or limited edition automobiles. Any of these factors could increase the value of your car and the insurance company needs to be aware of them. If you have brought these details to the adjusters attention and the final bid is still too low, then you could contact a local attorney and they could help you figure out how to provide proof of the value of your car.

This article has discussed some facts that will enable you as the insured to negotiate wisely on your behalf. Being involved in a car accident is inconvenient and troublesome but knowing these facts can hopefully relieve some of the stress that accompanies the whole process. You can choose to use your own insurance company or the at-fault drivers. You can choose an auto repair shop that you feel comfortable with. You have the option to fix the damage to your car or keep the money and not fix it as long as it is safe to do so. If you car is totaled, you can keep the car if you want to. And finally if the offer for the repairs or total price of the auto replacement comes back too low, you don’t have to accept it. If you can prove that the settlement amounts are too low, they can be adjusted. If you need counsel in any of these areas, a qualified personal injury attorney can answer your questions. And the good news about that is that most PI attorneys offer an initial consultation for free. This makes it easy for you to get your questions answered.

To see our full list of free advice topics relating to car accidents, click here.

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Andrew Spainhower

5 Tricks Insurance Companies Use to Pay You Nothing

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5 Tricks Insurance Companies Use to Pay you Nothing

Insurance companies are not evil, they are just really good at their job. Their business model is to as much money in as possible through premiums, and then pay as little out as possible through claims. It is a very profitable business model. When you get in a crash, you are a novice with a squirt gun, and you are facing an experienced pro with a bazooka. This article breaks down 5 of the most common tricks insurance companies use to justify paying you nothing on your claim.

Trick #1 The Good Guy Approach

When a claim gets reported, insurance adjusters may reach out to you right away.  They will be extremely friendly and seem quite helpful and try to make everything very easy for you.  This sounds like a great thing, and it could be a great thing.  Their job is to make you feel comfortable and to gain your trust.  At a time when you are distressed and may be in pain, this is a welcome idea that you will have the help of someone that has your best interest in mind.   Unfortunately, at the end of this helpful rainbow, there may be no pot of gold.  Possibly just a bag of empty promises and perhaps even downright lies.  What happens is the adjuster might say something like, “We are so sorry this happened, we want to take care of this for you and handle it the quickest way possible so you can get on with your life.  We are willing to go ahead and pay your medical bills and then we’ll actually  give you additional thousand dollars.” This is an early attempt to settle the claim with a low offer.  To some people, one thousand dollars may seem like a lot of money.  They are grateful and pretty excited to accept that.  Then the insurance company will out a form to sign and return to them before they will issue the check to the claimant.   That form is actually a release of liability that closes the case.  Once that is signed that’s the end of the case.  It doesn’t matter what expenses come up after that point. The claimant might even be out of work for another year because of their injury but that is all they are going to get because the release was already signed.  Though this initial offer from the insurance company may have seemed generous at the time, as time goes on, the claimant may realize that all of the bills were not in or themselves or other passengers that were in the car and are still in pain and wish that they would have waited a bit longer to be certain of  what the long range effects of the accident would be.

If you feel that you are being rushed or pressured to accept an offer from the at-fault insurance company to quickly, you do have the right to say that you need more time.  If you feel like you are not being treated fairly or that the adjuster is not listening to you, it would be helpful to you to consult a personal injury attorney.  Most P.I. attorneys offer initial consultations for free.  This would give you the opportunity to ask questions and decide what type of settlement would be fair and reasonable in your situation.

Trick #2 Taking a Recorded Statement

Obtaining a recorded statement in not so much a trick, but insurance companies are going to want to take a statement from all the key parties involved in the accident.  This is an effective method for them to preserve the record of what happened.  It is very helpful to them to get a recorded statement that may help them prove that their insured was only partially at fault or not at fault at all.

Because this initial statement is important and it is not your own insurance company doing the interview, it might be better to wait a little bit before you actually give your recorded statement.  Allow yourself some time to make sure that you’re not emotional at the time.  You also need to allow enough time to pass to be sure that you don’t have pain from injuries that you were not aware that you had. Sometimes aches and pains are not evident until a day or two after the accident.  If you gave a statement right after the accident stating that you were fine and had no pain or injuries and then woke up the next morning with a stiff neck or bruised area on your body, the insurance company may question if you are telling the truth.  If they call you for the statement immediately after the accident, you could state that you were not up to dealing with it at the time and then call them back the next day.  You have the right to take more time.  You may even have the right to refuse to make a recorded statement in some cases.  This is something that an attorney could advise yours about.

If you are going to make a statement, it is a good idea to plan ahead what you will say.  Write down some notes including the events that led to the accident and the facts about what happened before, during and after.  Be clear and stick to the facts only.  Statements like, “This is happening at a really bad time right now” or ” I can’t handle one more bill”, may make you seem desperate and very eager to settle and you may get a very low offer.  Remember just stick to the facts.  Include the names and information of any witnesses that were at the scene of the accident and don’t minimize your pain or injuries.

In some instances, it will be necessary to make a statement soon after the accident so the claim process can begin.  Just Remember that your recorded statements can be good opportunities to get you to say something wrong or to trip you up and say something that you don’t mean or that you didn’t understand on the record.  They will then be able to use those statements against you later.  When you do make your statement, be honest and clear about what happened and how it is affecting you.  You may also record your statement as you make it or even ask the interview if they can provide you with a copy.  Some insurance companies will do this.  Having your own copy of your statement could prove helpful later if your accident was serious or the person at-fault seems to be in question and it seems your case will be headed to court. The lawyers at McMullin Injury Law understand that this is one of the major tricks insurance companies use.

Trick #3  Pointing the Finger at Another Driver

Some car accidents may involve multiple parties.  Even in just a two-car accident, sometimes there will be disputes about what happened and who was at fault.  But particularly in accidents involving three or four or even more cars, can this be the case.   Insurance companies are really good at deciding that someone else was at fault rather than their own insured.  When this happens everybody is pointing the finger at another driver and as a result, no one is stepping up and accepting responsibility to handle the claim.  So it forces litigation.  Then you have to file a lawsuit and sue everyone because once it gets into the legal system then everyone will finally be incentivized to actually figure out what a judge or jury would do. Once the judge or jury are involved people tend to start being a little more honest.  Unfortunately, when this happens it can waste valuable time and money, often taking more than a year to get resolution on your case.  In cases such as this, a percentage of fault in the accident will be determined for each driver and the insurance companies will have to pay the expenses of the accident accordingly.  This percentage of fault would be determined by evidence and testimony through the trial process. The attorneys at McMullin Injury Law in St. George, Utah know that this is one of the major tricks insurance companies use.

Trick #4  Pointing the Finger at Another Cause

This is extremely common.  Insurance companies like to point to anything else that could possibly be the cause of your injuries other than the accident.  The primary thing they would point at would be if you have ever had an injury to the same part of your body before the crash.  They are going to want to look at your medical history.  If you have dealt with even a similar problem before, they are going to blame your current problem on that.  It is going to be their primary argument. You will need to be able to prove to the contrary.

Secondly, they may also argue that the crash was minimal and that there is no way that the impact of that crash could cause the type of injury to the human body that you are claiming.  Even though they know that this argument won’t hold up in court because it has been proven through studies that even very small impacts can potentially result in serious injury.  But they will bring it up nonetheless to try to scare you away from making a claim.

The third way they could point the finger at another cause is by getting on your social media to see if you go swimming or play basketball or go to the gym after your accident.  And if you do, they could come back and say, “They have been at a gym so they could have hurt themselves at the gym.” This is ridiculous because they know that even people that are hurt try to live their lives as close as they can to normal and they are perfectly justified in doing so. But still, they may try to use that against you.  On social media, they may also find posts showing you on vacations or doing activities with your family and draw the conclusion that you must not be in as much pain as you claim because you are able to participate in those activities.  For this reason, be cautious as you make posts on social media. The lawyers at McMullin Injury Law in Cedar City UT are aware that this is a major trick insurance companies use.

Trick #5 Arguing That You Didn’t go to the Doctor Enough

The insurance company can actually argue that you didn’t go to the doctor enough.  They can do the opposite of what you might expect.  They can argue the medical services that you receive both ways.  Meaning that if the impact of your car accident wasn’t that hard in their opinion and you go to the doctor a lot, they will argue that you are faking it and that you weren’t really hurt. But if the opposite is true and you are someone that doesn’t really like to go to the doctor so you visit the doctor the minimal amount that you can and you just try to heal on your own to keep your medical costs down, now they might use that against you too.  They could claim that if you were really hurt, you would have gone to the doctor more.

So, If you don’t seek enough medical attention they could use that against you saying that if you were hurt you would have received more treatment.  On the other hand, if you received a lot of medical treatment, they may say that you are faking it.  Either way, the insurance company can use it as the argument against you.   So be smart and take care of yourself appropriately by getting the treatment that is needed but does not be excessive.

Summary

Insurance Company Tricks –

This article has brought to your attention five strategies that an insurance company could use to deny your claim against them or at least decrease their costs.  They are loopholes that the adjuster may use to minimize their fault and question your integrity.  It is smart to be aware that these areas could be scrutinized and manipulated by the insurance companies to turn the case in their favor.  Awareness will help you be better prepared to deal with their questions and protect your rights.  It is important that you feel that you are being heard by the adjusters involved in your case and that you are being fairly compensated for your expenses and pain and suffering caused by the accident.  Laws are in place to make sure that this happens.  If you have concerns, let a qualified personal attorney advise you about tricks insurance companies use after a car accident in Cedar City Utah.