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Shapiro & Appleton

The Insurance Company is Giving Me a Hard Time

As experienced injury lawyers, every week of the year we hear from consumers who have personal injury questions because insurance company adjusters  are giving them a hard time or playing delay games.  These are some of the most common problems our clients run into:

Medical Bills/Medical Expense Recoveries:

What medical expenses are recoverable from a car wreck and when?  This is a very common question. The answer is that medical expenses are recoverable when you are hurt in an accident due to a careless driver, usually through the personal injury recovery adjusted by the at-fault driver's insurer.  While the insurance company may not pay these expenses back until the ultimate settlement in your injury case, consumers often are faced with overlapping health insurance, medical expense benefits on their own car insurance policy, and the right to recover medical expenses/medical bills from the responsible driver/insurance company.  Many states provide that if there are multiple insurance sources to repay medical expenses, that there is a legal right to a double recovery in many circumstances.  Different states such as Virginia, North Carolina, West Virginia and others have specific rules about whether a consumer may recover the medical expenses incurred in a car accident from not only the responsible driver, but from their own insurance sources.  We can help with these types of questions.

Medical Releases

Some insurance adjusters immediately send several forms which are medical information releases.  These releases allow the insurance company to pick up the phone and call your doctors in order to have personal and private information disclosed to them.  While no injury claim can be settled without providing pertinent written information, many clients question the scope and nature of these releases and we provide answers to our clients about these questions in a free, no hassle initial consultation.

Lost Wages/Lost Earnings While Injured

Many consumers cannot get a straight answer from an insurance adjuster about whether the insurance company will pay for your lost wages or lost earnings while you are being treated for injuries that were caused by their at-fault insured driver.  Every state provides that lost wages and lost earnings incurred because of an accident caused by the negligence of another driver are recoverable.  However, many people work on commission, many jobs have special pay or benefits, and these areas of potential compensation could be pursued with the assistance of a personal injury lawyer.  Sometimes we have to have a client seen by a vocational counselor (a specialist in assessing job losses and wage losses) in order to best establish this type of claim.

Totaled Car/Damaged Truck (property damage) problems

Many times our clients are not only injured in the accident, but are insulted because of games the insurance company is playing with their car/SUV damage, or disputes over the value of the car or truck totaled in the accident.  An insurance company is required to restore/repair a vehicle to its condition before the crash, and is normally required to use new parts.  We often assist with questions relating to what happens if your car or truck is "totaled" (a.k.a. "total loss").  We provide our clients free assistance on these property damage issues as a courtesy when we represent you for a personal injury claim.  When a car or truck is a total loss, the insurance company is responsible for the retail value of that vehicle at the time it was in the crash and there are numerous sources to guide our clients in how to best obtain full value.

Rental Car Issues:

You are entitled to a rental car if an insurance company is liable for the car accident. The company must provide you a comparable replacement vehicle to operate while your car is being repaired, or until the insurance company pays you for the value of your totaled car or truck.  These rights are separate from your own rental reimbursement insurance. Again, we provide information and assistance as a courtesy to our injury clients.

If you need help with one of the above areas arising from a potential injury claim, call us for a free no hassle initial consultation on a confidential basis at 1-800-752-0042.  If it makes sense to retain our injury law firm, we always provide the details of how we are paid, and present you a written retainer agreement for your review and approval before we become your attorney.  Fill out one of our quick contact form today for help.  If you'd like additional information about car accident law check out these articles, case results, and frequently asked questions:

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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