Insurance Companies have an Obligation to Act in Good Faith and Operate in the Best Interests of Their Policyholders

By on 1-27-2014 in Car Accidents, Criminal Charges

Carrying car liability insurance is just one of the ways drivers can show that they have the capability to compensate those who they may injure in accidents wherein they are at fault. In the states of New Hampshire and Virginia, drivers are allowed to choose any state-approved way of showing financial responsibility as an alternative to carrying auto insurance.

Carrying car liability insurance was first made compulsory in 1925, with Massachusetts and Connecticut as the first two states to impose it on drivers. Having auto insurance was made compulsory for three reasons:
First, because there were signs which said that cars will crash (probably due to mechanical defect or driver negligence);
Second, as cars crash, someone is more likely to get injured, besides properties getting damaged; and,
Third, which is also the most important reason, to enable at-fault drivers cover cost of damages to victims and never default on making compensatory payments.

Now called the Financial Responsibility law, this mandate is directed to anyone who wants to have driving privileges in the U.S.

Payment of compensation depends on the type of liability system recognized in the state where the accident occurred. In “tort” or “fault” states the victim is compensated by the at-fault driver’s insurance provider; in “no-fault” states, however, both drivers are compensated by their own insurance providers regardless of who was at fault in the accident.

It is but natural for a driver, who diligently pays his/her insurance premiums to expect financial protection from his/her insurance provider in the event of a car accident. According to an Ontario car accident lawyer, however, “most insurance companies operate like businesses, whose only concern is their profit. They will provide sub-par coverage, underpay your settlement, or unjustifiably deny a claim to protect their bottom line. These bad-faith insurance practices are infuriating, not to mention unethical, and deceive policyholders into false promises of coverage. When insurance companies abandon you at the moment you need them most, you are left to pay expensive out-of-pocket prices that cause substantial financial burden.

Insurance companies have an obligation to act in good faith and operate in the best interests of their policyholders. To help ensure that you can collect the total amount of benefit stipulated in you policy, insurance claims lawyers may be able to provide just the type of legal assistance that you need to confront companies that employ underhanded tactics to avoid paying out a claim. After an unanticipated accident or natural disaster, you deserve to obtain the coverage that will help you recover, including damages from medical bills, property damage, and ongoing rehabilitation.”

The Most Common Types of Car Defects

By on 1-27-2014 in Car Accidents, Criminal Charges

When people buy cars, they always have the assumption that the vehicle was tested safe and free from defects. When purchasing cars on any vehicle for that matter, people expect seat belts to keep them safe, airbags to deploy when there is an accident, and the chassis to remain intact during an accident. Unfortunately, the last few years has seen a rise in the number of vehicle recalls due to defective components.

When accidents happen as a result of defective car components, the driver and their passengers suffer most from the negligence of the manufacturer as well as the dealer of the car. When the built in safety features of the car fails in securing the driver and passengers, there is a risk of serious accidents which could lead to injuries and worse death. While most car accidents are attributed to human negligence and bad driving habits, this does not mean that all crashes resulted from a negligent driver.

According to research, the following are the most common car defects which contribute to serious accidents:

Defective Steering Wheel & Brakes. Defects in the steering wheel and brake can cause a driver to lose control of their vehicle which could lead to single or multi-car accidents.

Faulty Accelerators. Defects in the accelerator can cause the car to speed up. Applying the brakes or using the emergency brake will not work in these types of defects.

Defective Tires. This is the most common type of car manufacturing defects. Cracks or defects in the tires can lead to blowouts resulting to accidents and serious injuries.

Airbag Problems. Airbag defects fall into two types: airbags that do not deploy with no cause and airbags that fail to deploy

Defective Seatbelts. Seatbelts are designed to keep drivers safe. If they fail to function properly, the resulting injury could be serious.

After the Fact: What to Do in the Aftermath of a Car Accident

By on 1-27-2014 in Car Accidents, Criminal Charges

It’s not a thought that most people like to consider, but with the frequency by which car accidents occur, a crash can very possibly happen to anyone. Data from the United States Census Bureau showed that an average of 10.54 million car accidents occurred annually between 2005 and 2009. If you do find yourself among the many Americans that become involved in the minor collisions that mostly make up these figures, it’s best to know how to proceed in the aftermath of your accident. The following are a few key reminders for actions to take following a car accident.

Those who find themselves involved in a car crash will need to gather as much information about the scene. Taking note of the date and the exact time of the accident, as well as the condition of the weather during the crash can be helpful. Aside from the fact that these details are important to the report you’ll need to give to the responding officer, they can also be helpful for when you’re making insurance claims.

Gathering information about the other driver involved in the crash with you is also crucial. You’ll need to ask for their name, address, license number, and insurance details as soon as you’ve ascertain that no real damage or injury has occurred. Similarly, you should also offer up the same information to the other party. You should also try to learn more about the other individuals involved in the crash if there are any. In the same way, try to gather more information about the crash from anyone who has witnessed the crash take place.

When the police responds to the scene, give all the details that you can and don’t forget to ask for their name and badge number. This is important for any follow-up information you may want to share or if you will need to ask for a copy of the official police report for insurance purposes. When that’s done, do not forgo medical attention after a car accident. There is risk of injury even in a minor collision.

Finally, you can report your accident to your insurance company. According to Habush Habush & Rottier S.C.®, this is important for several reasons. For one, it will give the insurance company an opportunity to hear about the incident from your perspective. Secondly, reporting your accident promptly will also allow them to evaluate the damage more quickly and provide you with an estimate as soon as possible.

Can Car Accidents Severely Transform a Lifestyle?

By on 1-27-2014 in Car Accidents, Criminal Charges

In this day and age, transportation via motor vehicles is a necessity – whether these vehicles are publicly or privately owned. This has increased the likelihood of accidents happening to any one person – so much so that it has been deemed a statistical probability that every person will experience at least one motor vehicle related accident in their lives. The severity of the accident may vary as the damage done could be repaired by a simple paint job. Reparable and easily forgotten and forgiven, even, are these harmless little incidents. There are some accidents that are severely transformative, changing so much with one little wrong decision.

Vehicular accidents are ones that are usually prompted by negligent or reckless actions – whether these are ignorantly or willfully done are grey areas that the absolute blacks and whites of the law take no interest in – and there is a punishment that fits the crime as well as due compensation for the victim of the incident. It can be the fault of the driver or, perhaps, from a fault of the road or driveway’s construction; or, perhaps the vehicle could have been defective from the manufacturing stage.

Whatever the case may be, the victim of these circumstances are legally warranted to pursue action in order to claim compensation for whatever injuries or damages may have been sustained due to the accident. There is also the probable psychological trauma that may have been a consequence of the incident. If the victim was injured to the point of temporary or permanent disability and is meant to provide necessary income towards beneficiaries, then they ought to be granted recompense for the loss of wages that are a result of the accident itself. It can be a trying and testing time for anyone and it is easier dealt with when there are seasoned, trustworthy professionals who are helping with the situation.

If you or someone you know has been in a car accident, it is recommended that an accident attorney in Appleton is contacted in order to know the best choice to choose in order to move forward towards recovery.

GM Fights Personal Injury Claims

By on 1-27-2014 in Car Accidents, Criminal Charges

While over a thousand claims of personal injury have been filed against General Motor Co., the company tries to prevent its demise. After surfacing from bankruptcy in 2009, the motor company is defending itself from accusations of violating individual’s rights, thus saving themselves from assuming responsibility of the injured.

Some GM models have an electrical malfunction, and faulty ignition switches of defective cars have caused serious injuries among consumers. In such cases, this problem causes cars to stall and lose power steering, as well as airbag’s failure to deploy.

However, GM announced the existence of these problems in 2014 despite knowing of the problem long before. Since then, a 30 million car recall has ensued. However, the company is facing accusations of fraud and violating consumer rights on the premise of withholding pertinent knowledge; GM cars are deathly, yet the company never told anyone.

The company is responsible for thousands of injuries and numerable deaths. If GM’s platform holds in court, the people they hurt will not receive justice. Injury on another person or company’s behalf, if they won’t accept accountability, negates the crime that was committed. The repercussions of these injuries are not only emotional, but financial as well. Hospital bills and medicine can be expensive, and personal injury lawsuits aim to help the afflicted receive compensation. While financial assistance may not curb physical pain, it can help financially.

These kinds of injuries can be incredibly devastating to an injury victim. Negligent car manufacturers should be held responsible for the crimes they commit and injuries they inflict.

Car Accident? Car Insurance!

By on 1-27-2014 in Car Accidents, Criminal Charges

Nobody wishes to be in a car accident, but they do happen even if you are a very careful driver. Being prepared means having car insurance to help cover for possible expenses that might occur after an accident. According to the website of the Habush Law Offices, having the right car insurance can also prevent you from paying excessive amounts of compensation should serious injuries happen.

Filing a car insurance accident claim is necessary after being involved in a crash, and this is regardless of the magnitude or degree of damage that has been done. You typically have 24 hours to report the accident to your auto insurance company. If you were the victim of the accident, you must also contact the insurance provider of the person at fault for the accident. This is the reason why it is important to gather information regarding the people involved in the accident, along with the police reports and evidence. It is after your have filed a claim that the insurance company will conduct an investigation to check the extent of the damage and determine the settlement check that will be given to you for the damage and injuries you have suffered. Appealing your claim is possible if you have been denied or you do not agree with the amount. Because a denied, delayed, or insufficient settlement claim can cause financial distress, having a lawyer such as Smith Kendall PLLC, can increase chances of having a more agreeable settlement.

An accident has a great effect in your insurance premiums. Car insurance has two types: collision and comprehensive. Collision insurance covers the damages from a collision with another vehicle, and comprehensive insurance provides for damages due to collisions with animals, hit-and-run accidents, vandalism, and damages due to natural disasters. It is important to have both types of car insurance because it can be troublesome if some repair costs won’t be covered by your insurance. If you did not cause the accident, you may not be required to pay for higher premiums, but if you are the one at fault for the accident, your insurance company may increase the amount of your premiums by as much as 40% because you have become a high-risk client. Since insurance companies consider a number of factors to determine the insurance rates, it helps to be more careful on the road, and know when to file for a car insurance claim in order to keep your current policy.