Personal Injury Care Line

Your Auto Accident Insurance Loss – Dealing With Your Company On A Disputed Loss

#1. If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. Its usually an 800 number. Call and ask if they have a Consumer Complaint Department? Most do. If so, talk to them because they may be able to help you. Dont hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until youve finished with your dispute).

#2. Be ready to support your case by sending a covering letter (to that individual whom you spoke with) which contains all the documents you have to back up your position.

#3. All insurance companies have either an Appraisal Service or Arbitration Service to help settle differences and/or disputes. Your policy should explain these options.(If you cant find either of these ask your agent to find them for you)!

#4. If youve followed their rules for resolving your dispute, and youre still not satisfied, your own states insurance department should be able to help you.

#5. If, after hearing from your own insurance companys people (your confident that youve not been handled properly) you should call 1 800 942-4242 ( a toll-free Consumer Information Service) sponsored by the insurance industry.

Trained personnel are available to assist consumers who have complaints. THIS HELP LINE OPERATES ON EASTERN TIME, MONDAY THRU FRIDAY, 8:00 AM – 8:00 PM.

#6. ALSO: An Independent Arbitrator, who allegedly has experience in insurance problems, can decide if what youve been told (or offered to settle your claim) is fair. You can get to them by calling THE AMERICAN ARBITRATION ASSOCIATION 1 212 484-4000 or they can be contacted (via the internet) at .

#7. MEDIATION: More often than not the Mediator does not have the authority to make a binding decision or issue an award to either party. The mediator only recommends a solution.

Mediation is a solid first step because it can negate the need for further expense on both sides. The first thing you should do is check the language in your auto insurance policy where it will spell out who will mediate (and/or arbitrate) a claim. You should submit a DEMAND FOR ARBITRATION FORM to whoever is listed in your policy. On that Demand for Arbitration Form you can specify whether you want MEDIATION or ARBITRATION.

DEMAND FOR ARBITRATION FORMS are available from your states Department Of Insurance, or you can print a copy of a Demand Form from the American Arbitration Associations web site – - which can be found (as Ive listed above in Number #6) at .

AS YOU MOVE ALONG WITH THE ABOVE YOU MUST NEVER FORGET THESE TWO FOLLOWING (A & B = Below) CRUCIAL FACTS:

A. Mediation is much less expensive than Arbitration.

B. The Mediation Decisions are only considered to be advisory. However, The Arbitration Rulings are absolutely binding!

DISCLAIMER: The only purpose of this article YOUR AUTO ACCIDENT INSURANCE LOSS – DEALING WITH YOUR COMPANY ON A DISPUTED CLAIM is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Peter Go nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do the purport to engage in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

Even the most cynical of us would agree that occasionally accidents do happen. However, more often than not, an ‘accident’ isn’t really an ‘accident’ at all and a certain level of fault for the accident has to be placed squarely on the shoulder of the person who caused the accident. The same is certainly true in the case of a car accident. So, how would you go about getting proper whiplash compensation following a car accident?

Unlike other injuries that can occur in a car accident, more often than not the symptoms of whiplash, such as a whiplash neck injury, will not manifest themselves until the morning after. Usually, the accident will cause the whiplash to manifest in the form of:

a headache, most likely all over the head with particular emphasis on the back of the head, or the forehead, or behind the eyes of the victim; or

neck pain; or

both of the above, with the headache likely to be more painful initially than the neck ache, but with the neck ache likely to be more prolonged and with the chance of this developing into Osteoarthritis in the future.

So, with an accident injury of this nature, i.e. one that does not manifest itself immediately, you would think that making a whiplash injury compensation claim would be an extremely onerous task as causation proof of the injury would be difficult. However, you can make it easier to make a compensation claim for whiplash if you adhere to the following guideline procedures following the accident:

1. As Soon As You Can, Write Down Exactly What Happened That Caused The Accident To Happen

When you write your notes about what happened to cause the accident, which you should try and do as soon as you can following the accident. You need to make notes of exactly what happened leading up to the accident, during the accident and subsequent to the accident. You should also take note of:

where the accident took place
what the weather conditions were like (e.g. was it foggy and slippery?)
what the time was
whether there were any witnesses who can verify your story
exactly what you said to the other person(s) involved

If possible you should use your mobile phone camera to take photographs of the damage done to your car and you, as well as of the road surface and the general weather conditions.

2. Have A Medical Examination Immediately

Even if you are not feeling too bad following your accident, it can take a few hours, even a sleep, for the symptoms of whiplash to manifest. However, the longer you leave it until you get a medical examination the more chance there will be that the person who caused the accident can say that your injuries could have been caused by something else other than the car accident. Or, worse, the whiplash injuries could have been mitigated if only you had sought medical attention earlier.

To protect both yourself and your potential whiplash injury compensation claim, you should take yourself off to the hospital and have a complete medical examination as soon as you can, following the accident. Once you have had the examination you should ask the doctor to write a report detailing the chances of you having suffered an injury as a result of the accident including the chances of you having suffered whiplash.

If you do this, you may well find that it is a lot harder for the person who caused your injury to claim that the whiplash was the cause of anything but their actions.

Keep in mind that whiplash injuries can have lasting effects. They can also have a very dramatic effect on your life especially if they manifest into Osteoarthritis. So do not take a potential whiplash injury lightly and make sure that you protect any future rights that you may have to bring a whiplash injury claim.

So you’re driving down the street with your family and/or friends and suddenly you and another vehicle hit each other and now you are in a state of panic in the driver seat. Here are a few guidelines to help you through with your troubling problem.

Stay clam. After an automobile collision, a person can feel up to a varying and multiple amounts of emotions that may affect the way he or she can handle the current situation. It is best to clam yourself down by using whatever methods work best for you such as taking deep breath or counting to some arbitrary number. Once you are in a clam state you are better able to handle the situation.

Check for injuries. Depending on the seriousness of the automobile collision, there may be people injured. If it is a minor injury, try to assist the injured person however for more serious injuries, call an ambulance.

Call the police. Once the people are safe call the local police and update them with the current facts. Give them facts and not some ambiguous information such as “I wasn’t speeding” and instead respond with a concise answer like “I was driving at 40 miles per hour”.

Write everything down. Get the information of anyone directly involved in the accident such as their names, driver license numbers, date of births, addresses. You should also take down the cars’ license number and state that issued the license of the cars involved in the accident as well as the license number and state that issued the license of cars nearby as the police can track them down to use as witnesses.

Call your insurance agent. The sooner you call your agent the better it is for you. They will give you information that will help you get over this problem and get you back onto your life.

Don’t sign any document that is unfamiliar. Signing something without knowing what it is, is an insanely moronic practice to begin with so it should apply here as well. Even the police explain to you what you are signing, which is usually an automobile collision and also your insurance agent explaining what you are signing as well.

Call your lawyer. The sooner you get into contact with your lawyer, the better it is for you. They can clarify any legal ramifications that you may questions about relating to your automobile collision so that you may better understand the current situation that you are in.

Ask questions. Though the police, your insurance agent and your lawyer may give you information, they will assume that you will know about everything in-between if you don’t ask any questions. Even if you are remotely confused about something it is better to ask now rather than finding out how it can hurt you later.

What Should I Do If Im In A Car Accident?

Its a beautiful day and youre driving down the road taking in the scenery. The wind blows through your hair and the breeze feels good beading down your face. You see there is a red mustang convertible traveling directly ahead of you. The license plate on the mustang reads you think FIN..??LY. You have difficulty reading the plate so you speed up to get closer to the rear of the vehicle. As you press down on the gas of your vehicle it accelerates from fifty to sixty-five in a flash, and before you know it you have rear ended that little red mustang. At this point your heart races and you feel angry, scared and frustrated at what just happened.

You say to yourself what am I going to do and how did I manage to cause this accident. I could kick myself for what just happened.

You now think about the consequences and try to determine what you should do next. You then decide to exit your vehicle to see how the driver of the mustang was doing. The mustang driver whose name was Manny, appeared to be doing physically fine, however he was upset that I had hit his classic red prized possession with license plates which you discovered read FINALLY.

If youre in a car accident, first and foremost, try to obtain as much information from the other party involved in the accident which would include the following: drivers license information(name, date of birth, license number, address), telephone number, license plate number, vehicle type(year, make, model & color), insurance information(policy number, insurance company name, & address if possible). If the other party has no insurance, be sure to obtain the license plate number and all other information previously mentioned. In addition, if there is a witness or witnesses at the scene, obtain their name, address and telephone number if at all possible. This will be very helpful in determining who is responsible for causing the accident in reference to liability.

If the police department is called to the scene of the accident, a report may be taken. If this is the case, the police officer taking the report may separate the parties involved and the identification information previously listed may be difficult to obtain. If this is the case, then make sure you obtain the police report number so that you can provide this information to your insurance company. Your insurance company will obtain a copy of the report, wherein the identification and accident information will be listed for all parties involved.

Contact your insurance company to report the accident as soon as possible. Regardless if you plan on going through the other persons insurance company for the repair of your vehicle. Most insurance companies require their policy holders to report accidents.

If you fail to report the accident to your insurance company, you may find out at a later date when you try to apply for another insurance policy that you are listed on what is called a KLUE report for not reporting a particular accident to your carrier. This may have a negative impact on you obtaining a new policy. You may be listed on the KLUE report even if the accident is not your fault.

The KLUE report is a specialized report which is used by most insurance companies concerning licensed drivers who are trying to obtain a new policy. It also provides information on your driving history.

To increase awareness when it comes to traffic safety issues. To reduce the number of accidents in humanitarian aid transports. These are just two of the main aims and goals of the Volvo Group. You see, the Volvo Group is currently initiating cooperation along with forty other humanitarian aid organizations around the globe so as to be able to make these aims become reality. To assist with this endeavor, Volvos own accident research team would also be contributing and providing more information to help out with the analysis.

A declaration of intent was signed by Volvo. Now this declaration of intent actually includes cooperation in the whole area of road safety with Fleet Forum. Fleet Forum is actually a voluntary association of around forty humanitarian aid organizations worldwide. Part of the terms and conditions included and stated in the declaration of intent, Volvo would also be there to assist out these organizations in analyzing traffic accidents and recommend measures to increase general road safety awareness of traffic safety issues. They would also be working on reducing the number of accidents and save more lives along the way.

To further facilitate the whole process, these humanitarian aid organizations will be provided with customized data sheets. These data sheets would help them out in reporting traffic accidents. The whole collection of data process will start around the middle of this year, 2006. The first report on their study would be presented next year. After every little piece of information has been submitted and collected, Volvos own accident research team would them do the hard work. They would be analyzing the causes of accidents. Of course, they would also try to formulate new ideas and provide recommendations as per measures and steps to reduce the number of accidents. This whole project would be continuously done up until the year 2009.

If you are unlucky enough to have an accident in the UK, you will need to know some of the basics ins-and-outs of how to make a claim on your UK car insurance.

Personal Injury

The first thing you should do following a car accident is to check and see if anyone in your car or any of the other cars has been injured. If they have, you should immediately call for medical assistance (ambulance). Once you have done this, keep in mind that you may need to include a medical report as part of the accident claim.

Call the police

Depending on the seriousness of the accident, you may know need to call the police.

24-Hour assistance

By law you should have a copy of your car insurance certificate with you in your car at all times. Included in this will be a 24-hour hotline contact number that you can call if you happen to be involved in an accident. You need to ring this number and ask them what the procedures are you should take. Remember, in the UK you can have one of several different classes of car insurance (for example, third party or fully comprehensive), so the steps you will need to take will vary depending on this and the procedures put in place by your specific car insurance policy provider.

While on the phone with your car insurance company, remember to ask them to send you an accident report form. The accident report form should be fairly self-explanatory, but if you have any problems completing this, then it is a good ideal that you call your insurer and clear up any misunderstandings before you submit this form.

Collect evidence of the accident

Having called your insurance provider and asked for assistance, it is a good idea to collect some evidence about the accident. This can include taking the names of any eye witnesses and/or taking photographs of the accident (mobile phone cameras are useful for this purposes).

Repairs to your car

It is very important that you understand that any costs you incur with respect to your car following an accident are for your own account (i.e. you pay) unless you have agreed these beforehand with your insurance company. As such, it is not a good idea following an accident to just take your car off to a garage and have the repairs done as you may well find your car insurance company will not agree to reimburse you. Far more sensible is to phone the car insurance company first and ask them if there is any specific garage in your area where you need to take the car for repairs.

Keep receipts for all expenses

Even if you think that it is unlikely youll be reimbursed for the cost, if you have an accident and are going to make a claim with your car insurance company then it is vital that you keep a receipt of all the expenses incurred. Keep in mind that if you do not have a record of the expense, it is highly unlikely that your car insurance company is going to reimburse you.

Recent media attention on the number of highway fatalities caused by semi-trucks has many people asking whether our roads are indeed ’safe.’ A fully loaded truck, like the one that slammed into the back of another truck on California’s I-5 last month can do an intense amount of damage. In that particular accident, three people were killed and at least ten more injured when the truck entering the 550-foot underpass crashed into the truck in front, causing a massive pile-up and ultimately, an explosion.

This isn’t the first time the safety of sharing our roads with oversized semi-trailer trucks has been questioned. Trucking industry practices are continuously being reformed to address the number of fatalities these vehicles cause, including reducing the amount of time a truck driver is allowed to drive without a break, instituting new methods of driver payment that do not include “paid-by-the-mile” incentives, and adding more highway patrol officers designated to specifically crack down on truck drivers that don’t keep proper log books or break traffic laws. But is it enough?

In theory, the enhanced safety measures are beneficial, but the process has been slow and for many families, too slow. The year 2000 marked the inception of the Federal Motor Carrier Safety Administration (FMCSA), an organization dedicated to reduce the number of fatality accidents caused by large trucks. By 2005, not much had improved. Estimated numbers of annual fatalities caused by large trucks is still over 5,200. In other words, 100 families in the U.S. lose a loved one due to a large truck fatality every week.

So what can you do to protect yourself and your families?
The trucking industry isn’t going anywhere any time soon, and while we can hope that some of these measures begin to drastically reduce the number of highway deaths, now is the time to make sure you’re driving the safest vehicles you possibly can.

Even the safest vehicles may not be able to stand up to a collision with a semi, but there are certain vehicles that tend to fare better than others. First, SUVs and pickup trucks generally keep their occupants safer than passenger cars when in collisions. While other factors obviously dictate how well passengers will be protected in a crash, such as the type of crash, the rate of speed the vehicles were moving, and the passive safety features installed on the vehicles, SUVs and pickups tend to be heavier and therefore sustain less damage.

Other key factors to examine are the active and passive safety features of your vehicle. For example, while most SUVS offer dual stage airbags (the type that protect occupants from rear-end and head-on collisions by preventing contact with the dash and steering column), the Isuzu Ascender 5-Passenger also sports head-curtain side-impact airbags that protect the body from injuries caused by rolling or side-impacts. Taking the time to compare the safety features of your vehicle to the available safety features in models offered by car companies that are known for safety (like Isuzu and Volvo) will give an indication of deficits in your vehicles safety system.

In just a few short weeks, President Bushs Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period.

Heres a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect -

Qualifying – Chapter 7 or Chapter 13?

To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors.

The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased.

The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years – to ensure your creditors get paid.

Credit Counseling

Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours.

To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office.

The Cost Factor

Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%.

Why Were the Laws Changed?

The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws – and in their favor, according to many consumer protection groups.

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?

Snowboarding accidents happen every single day and the reasons for this vary from person to person, and from accident to accident. Despite this, one thing remains prominent. Of those accidents, many of them could have been stopped with appropriate care and attention from the snowboarders involved. This is why we have to realise that snowboarding is a dangerous sport, and therefore health and safety should always remain an issue to any snowboarder.

The first thing that any snowboarder has to remember is to wear appropriate protective head wear. Protective head wear may not look as cool, or even be as warm as a hat, but when it comes to going down the slopes wearing one could save your life. In 2003 15 people suffered fatal head injuries whilst snowboarding. This number could have been reduced to 0 if those 15 people had chosen wear a helmet whilst snowboarding. When people go snowboarding and do not wear a helmet, they do not take precautions based on this, and are still happy to attempt stunts such as jumps, slaloms which involve dodging trees, and other activities that could not be recommended. People have to remember that snowboarding is in the top 10 most dangerous sports, and I would call on the authorities within the sport to drive even further towards excellence in health and safety.

My brother is a keen snowboarder and recently broke his leg whilst snowboarding. Although this was not his fault, many of the complications that went along with the injury could have been avoided with due care and attention. This includes the fact he was stranded on a slope for over 4 hours before he was noticed by a boarder who was then able to go and get help. But how could this have been avoided. Firstly he should not have chosen to hit the slopes on his own. Through doing this problems arise automatically, if you do have to go snowboarding on your own then make sure you tell people that you are away. I would also call on snowboarding facilities to keep better records of who is on the slope, and for what time. This could certainly help with many issues.

I would secondly advice and call for people to carry mobile phones with them when they go snowboarding. Even, a mobile phone on its own may not be enough if you do not have a signal or do not have any battery left in your phone. This is why I advise that you ensure that your battery is full at all times, and that you also take appropriate care to ensure that you have a replacement SIM card. If you have a replacement SIM card that works on your phone you may be doubling the chances of you being able to contact someone if you phone does not work. This is why people also choose to carry a torch, a flare or an air horn. All of these can work in alerting people to a situation as long as they are near where you currently are.

Health and safety are prominent issues in snowboarding and that is why we all, have to be careful that we abide by them. Through choosing to take simple measure we can all choose to snowboard, and enjoy ourselves at the same time. Do not make yourself another statistic.