Car Accidents and Personal Injury Claims

EXPERIENCE MATTERS

If you were injured in a motor vehicle crash, your legal case and insurance claim are within the scope of services provided by the experienced personal injury attorney. Steve Smucker — (503) 224-5077 — has helped people for 30 years with personal injury cases, and is available to talk in depth about any situation involving driver negligence.

Here’s a little advice:

Your auto insurance is required by law to pay reasonable and necessary medical bills and lost wages (to a point) under PIP, regardless of who caused the crash. Most PIP policies cover up to $15,000 for medical coverage, which goes quickly after a night in the emergency room. Hint: consider raising your PIP limits. It’s cheap to do and provides lots more protection when you are in a car.

Once the $15,000 under PIP is exhausted, health insurance takes over responsibility for paying bills for medical treatment due to a car accident. The health insurer will seek, by lien or otherwise, to be paid back out of your case recovery. Health insurers are getting stingier – protect your right to receive health coverage, have your personal injury lawyer deal with the health insurer in your auto accident case.

If you miss two weeks of work in a row because of injuries from a car accident — anytime during the first two years following an auto crash — you may be eligible to receive a portion of your lost wages under PIP.

If you are injured in a car crash with a drunk driver, the establishment that served the driver may be as legally responsible for your injuries as the drunk driver — and have deeper pockets. Hint: call Steve Smucker if you get hit by a drunk driver.

Loss of mobility, independence, and sexual function are a few of the types of loss pain and suffering includes. Loss of sleep, self-confidence, and enjoyment of life, e.g., running, biking, hiking, etc., are other examples of loss. Pain and suffering claims includes compensation for these intangible, yet very real losses.

Only after a lawsuit is filed can either side force the other to do anything, including pay a settlement. There is no right to an insurance settlement. Rather, the best insurance settlements for personal injury cases arise out of an arm’s length negotiation between the insurance adjuster and the plaintiff’s attorney. The insurance adjuster represents the insurance company’s financial interest and the plaintiff’s lawyer represents your financial interest. Both the adjuster and lawyer know what the other can do. The insurance adjuster knows the plaintiff’s lawyer can force the case to trial, and the plaintiff’s lawyer knows a bird in the hand is worth two in the bush. Jury trials are risky ventures. There are no guarantees.

One of the reasons jury trials are risky ventures is because of an evidentiary prohibition against a plaintiff’s lawyer telling the jury the defendant has insurance. Imagine! Jurors may believe the 93 year old lady with the sparkly blue eyes who ran the red light and broadsided the plaintiff is going to have to pay out of her own pocket, so they reduce their verdict to be easy on her. When jurors cut a deserving plaintiff’s verdict out of sympathy for a kindly appearing defendant, the insurance company keeps the money and wins.

Insurance companies have a polished and scripted approach to claims management. Usually, within days, sometimes hours, the adjuster for the other driver will call you up, establish a rapport, and get you thinking he’s in it for you. The adjuster is a trained company employee. He or she knows what to ask and how to ask it. Their goal is always the same, to save the company money. Those who save the company most, are rewarded with special promotions. The insurance adjuster you have to be most guarded with is probably the one you find yourself liking the most.

Call 503-224-5077 and ask, Randi, the receptionist, to speak with Steve Smucker. If he’s available, she will put you through.