Archive for September, 2011

Understanding Your Auto Insurance Claim

You will most likely need to deal with one or more adjusters who will determine the insurance salvage. Follow these simple tips to make sure you have taken all the necessary steps to collect the correct information and follow the correct procedure.

Do your self a favor and prepare in advance. Know the laws and the reporting requirements of the state you live in and drive in. Always carry an accident package in your car. It should contain paper, pen, and accident reporting form which are available online free from the DMV.

If an accident occurs remain calm and stop your car. If there are injuries do what you can to make the person or persons comfortable. Call the EMT to treat any injured parties and call the police.

If you smell gas or if the car is on fire clear all persons away from the area. Do not move seriously injured people unless it is a threat to their lives to leave them where they are.

If the accident is minor and there is only property damage and no injuries, put your hazard lights on and drive both vehicles to a safe location at the side of the road. Set up flare or reflective triangles in the rear and side of the cars to ensure other motorists are aware of your location.

Both drivers need exchange car insurance information. You also need to exchange the names of the drivers, all passengers in the vehicle, and any witnesses. As well as names you should obtain complete addresses and telephone numbers.

Next you will need to contact your insurance company and if you feel you need to contact a lawyer now is the time to do so.

Your car insurance company will need to collect all pertinent information. They will need the year, make, model, and license plate number of the other car. They will also need the drivers name, address, telephone number, date of birth, and his or her drivers license number as well as the issuing state.

If the other drive is not insured obtain as much information as you can then notify the police. Both the police and the insurance company will want the full names, addresses, and phone numbers of all witnesses.

If the police attend the accident scene request a business card from the attending officer that gives his full name and how you might reach him.

If you have a digital camera handy take plenty of photos. These days many people have a digital camera built right into their cell phone which is very convenient.

As soon as you are able, write down all details pertaining to the accident. Information such as weather conditions, pavement conditions, visibility and lightening could all become very important in determining who was at fault.

You also need to record the estimated speed of both vehicles. As well do a sketch of the accident scene marking the direction each driver was traveling. Make notes of things such as stop signs, traffic lights, other vehicles on the roadway, and any obstacles.

You should also record all damage to the car and any other property as well as all body injuries no matter how minor they appear.

Whatever you do, do not discuss who is at fault with the other driver. Insurance companies recommend you do not engage in conversation about fault. Give the police officer an account of the accident but in privacy away from the other driver.

Remember no one can force you to give details of the accident or admit blame. You always have the right to consult a lawyer before answering any questions.

Lets hope you never have to file an insurance claim. But if you are well prepared should an accident occur you will be much more likely to record the necessary information to ensure that your claim proceeds smoothly.

Successful Industrial Injury Claim Steps

If you have recently suffered a workplace industrial injury then there is a chance that the accident just put your career on the line. Yet less than 1 in 10 people injured in an industrial accident in the UK will claim for compensation from their employers or the state.

So, is it the case in Britain that we don’t like to sue our employers or the state for compensation following a workplace injury, or is it that we are simply not aware of what our rights are?

Employers’ Duty

Although there are protections in place for employees for many years such as employers should comply with a general duty towards the level of health and safety standards in a workplace. It was only following Britain’s entry into the European Union that these laws became more than a toothless tiger and started to bite back.

Today, employers have a duty to ensure that your overall safety in the workplace is free from the risk of an accident injury by ensuring:

- that they employ competent co-workers to work with you;
- that they provide you with adequate materials;
- that the equipment you use complies with safety requirements;
- that you are provided with protective clothing (if needed); and
- that proper training and adequate supervision be provided to minimise the risk of any workplace injury.

Industrial Accident Claim

Such is the scope of the UK and EU law, it protects employees from an industrial accident. If you do need to make an industrial injury claim you will probably be fighting under one of these legislations:

- The Management of Health and Safety at Work Regulations (1992): which imposes a requirement that employers make an assessment of any foreseeable risk of exposure to a workplace injury and if such a risk exists to take action to prevent such;

- The Workplace (Health, Safety and Welfare) Regulations (1992): which imposes a duty on employers to ensure the safety of their employees with respect to the maintenance of the workplace, its ventilation, temperature, lighting, etc.;

- The Manual Handling Operations Regulations (1992): which imposes a requirement that, in as much as it is possible, employers should avoid employees needing to undertake manual handling operations at work that involve an element of risk;

- The Personal Protective Equipment at Work Regulations (1992): which requires employers to provide employees with adequate protective clothing if they are exposed to any risk (such as protective glasses); and

- The Provision and Use of Work Equipment Regulations (1998): under which employers are required to ensure that equipment used by their employees is fit for the purpose.

Industrial Injury Solicitor

Having said that there are adequate provisions in place to protect employees in the case of any workplace injury. Unfortunately lots of employers in the UK are either unaware of their duty of care or simply refuse to comply with it.

In such circumstances, while there will almost certainly be a case for industrial injury compensation, to ensure that your rights as an employee are adequately being protected and that you receive fair and impartial advice on what your rights are under the relevant laws. You should seek the advice of an industrial injury solicitor following an industrial accident.

Even in circumstances where you are on good terms with your employer, if you want to make sure that your industrial injury claim will compensate you to the maximum you are allowed under the law, you should ask an industrial injury lawyer for his advice and assistance in handling your case.

Keep in mind that the solicitor will have your best interests at heart, whereas your employer will have the company’s best interests at heart.

Ensure To Pursue With An Accident Claim

Finally, if you are in an unfortunate position to be recovering from a work injury and are considering your options as to whether or not to bring a claim against your employer, remember that you owe your employer nothing, whereas your employer owed you a duty to ensure you don’t get injured at work!

What’s more, if you don’t make a claim for industrial injury compensation, do you really believe that 5 years down the road from now your employer is going to remember who you are as you struggle by on benefits?