One of the first things that most attorneys will want to obtain in investigating an auto accident is the South Carolina Traffic Colission Report, or Accident Report, filed by the investigating police officer. Depending on which police agency investigates you may have different option in obtaining this quickly.
If you, or a family member, are in an auto accident you should receive a copy of Form FR-10 from the responding officer. You can use the information on this form when you seek to obtain a copy of the Police Traffic Collission Report. The South Carolina Department of Motor Vehicles offers some online resources to facilitate a request for the Report. The Request forms can be found at: http://www.scdmvonline.com/dmvnew/forms/FR-50.pdf along with instructions about the fee and where to send your request and some informational pages such as: http://www.scdmvonline.com/DMVNew/default.aspx?n=accident_reports.
Links, such as Online "Public Services" https://www.scdmvonline.com/dmvpublic/ can assist individuals to collect information and to do things from address changes to obtaining duplicate licenses.
Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts
Monday, June 22, 2009
Monday, June 8, 2009
Review you Auto Insurance Policy Today!
Over the years I have had to tell dozens of my personal injury clients that their medical bills far exceed the at-fault drivers' auto insurance policy limits. In those situations, as their attorney I will search for additional coverage, review the tortfeasor's personal assets and if possible, negotiate with the healthcare providers to reduce their costs, but there is a much more simple answer... UIM!
UIM stands for UnderInsured Motorist Coverage and it can protect you from the negligence of others. Why is this important? Suppose you are hit by a drunk driver and spend 2 weeks in the hospital, needing surgery, physical therapy and a course of medication. Your medical bills will easily be tens of thousands of dollars. Todays auto insurance minimum limits in South Carolina are $25K per person/$50K per accident for personal injury. But regardless of how much, or how little, coverage the at-fault driver has, you are still responsible to the Hospital. If the auto coverage is not sufficient, you are still responsible for the rest, and statistics show that a huge percentage of bankruptcies are now caused by healthcare bills.
In addition, Healthcare insurance may not cover this type of claim (check your healthcare policy) and even if it does, your healthcare insurance will most likely provide nothing for property damages, lost wages, pain and suffering, bodily impairment and other such claims that are the responsibility of the at fault party in South Carolina.
This is where UIM comes into play. UIM is relatively cheap and pays for the damages which surpass the insurance coverage of the at-fault driver. Although there are certain requirments about the amount of coverage you can obtain, you should consult a trusted insurance agent to maximize this coverage. An additional $100K or even $500K of coverage is often much more affordable than you think and the access to that coverage can make an enormous.
Do not expect the other driver to be looking out for your interests...get UIM coverage today.
UIM stands for UnderInsured Motorist Coverage and it can protect you from the negligence of others. Why is this important? Suppose you are hit by a drunk driver and spend 2 weeks in the hospital, needing surgery, physical therapy and a course of medication. Your medical bills will easily be tens of thousands of dollars. Todays auto insurance minimum limits in South Carolina are $25K per person/$50K per accident for personal injury. But regardless of how much, or how little, coverage the at-fault driver has, you are still responsible to the Hospital. If the auto coverage is not sufficient, you are still responsible for the rest, and statistics show that a huge percentage of bankruptcies are now caused by healthcare bills.
In addition, Healthcare insurance may not cover this type of claim (check your healthcare policy) and even if it does, your healthcare insurance will most likely provide nothing for property damages, lost wages, pain and suffering, bodily impairment and other such claims that are the responsibility of the at fault party in South Carolina.
This is where UIM comes into play. UIM is relatively cheap and pays for the damages which surpass the insurance coverage of the at-fault driver. Although there are certain requirments about the amount of coverage you can obtain, you should consult a trusted insurance agent to maximize this coverage. An additional $100K or even $500K of coverage is often much more affordable than you think and the access to that coverage can make an enormous.
Do not expect the other driver to be looking out for your interests...get UIM coverage today.
Workers Compensation in South Carolina
Worker's Compensation in South Carolina offers a variety of benefits for injured workers. Often these benefits are available regardless of how an accident occured as long as it is a workplace injury. However, certain time limitations exist which madate that the Employer be given Notice of the injury and which govern how long an injured person has to make a claim.
In 2007 the State Legislature produced an Act which made several changes to the Workers Compensation system here in South Carolina. Certain body parts, previously unspecified, were assigned a number of weeks for loss of use (the shoulder at 300 and the hip at 280 for instances). In addition, certain requirements were enacted effecting the presumption of disability and the technical requirements for filing a claim. (See my earlier Blogs for more analysis)
For more on the South Carolina Workers Compensation please see the link to Workers Compensation on my website at http://www.attorneymcdaniel.com/ and visit the South Carolina Workers Compensation Government page which you can link to under the "Attorney Resources" Tab on my website.
In 2007 the State Legislature produced an Act which made several changes to the Workers Compensation system here in South Carolina. Certain body parts, previously unspecified, were assigned a number of weeks for loss of use (the shoulder at 300 and the hip at 280 for instances). In addition, certain requirements were enacted effecting the presumption of disability and the technical requirements for filing a claim. (See my earlier Blogs for more analysis)
For more on the South Carolina Workers Compensation please see the link to Workers Compensation on my website at http://www.attorneymcdaniel.com/ and visit the South Carolina Workers Compensation Government page which you can link to under the "Attorney Resources" Tab on my website.
Thursday, May 28, 2009
Now Law Office of Brian McDaniel, LLC
After 9 years of legal practice I have opened my own office - Law Office of Brian McDaniel, LLC. My new web site address is http://www.attorneymcdaniel.com/. My practice will focus on civil litigation, including personal injury, workers compensation claims and trial practice.
My telephone and address will stay the same.
My telephone and address will stay the same.
Tuesday, May 1, 2007
Auto Accidents - Do I need an Attorney? 1, 2, 3
Auto accidents have become an expected part of daily life. Here in the lowcountry of South Carolina it is no different. I hear almost daily about clients, friends and their families being in auto accidents. The stories range from mild fender benders to severe and life threatening or life ending injuries. The vast majority of those in auto accidents that I talk to have no interest in bringing a lawsuit. Nearly everyone would much rather have the matter taken care of quickly and put behind them.
South Carolina, like many states, requires that its drivers carry insurance within certain minimum limits of coverage. Unfortunately, many times drivers fail to do so. What becomes even more frustrating however is when the person causing an accident has insurance that would cover the medical bills and other damages, but that insurance company refuses to produce the promised money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person as well as for the at-fault driver who faithfully paid their insurance premiums in anticipation and reliance that if they ever did make a driving error, that they would have the protection they were promised from their policy.
The injured party, facing mounting medical bills, often comes to my office conflicted and still hoping to convince the insurance company to pay for their damages without the need for litigation. Here are a few things to remember when deciding whether to obtain an attorney.
1) Never forget that the insurance companies are not charities but are for profit enterprises. They have different, and usually adverse, interests from you in your accident claim. They may be friendly, but the bottom line is that they want to pay as little as they possibly can (an understandable position given that they are in it to make money) to maximize profits.
2) Anything you say may be used against you. Be very cautious about giving recorded statements. Injuries often subside and return, or the injuries we think are about to heal take a turn for the worse. Statements regarding your condition should be given, if at all, only after ample time has been allowed for treatment and healing. Likewise, it is better to discuss your case with an attorney before giving a statement.
3) Is the insurance adjuster trying to direct your medical treatment? Your medical treatment should be a decision made by you with the consult of your doctor. It should not be influenced by an insurance adjuster and it should raise a red flag in your mind if you notice the insurance adjuster commenting or suggesting certain courses of treatment. While some such advice may be genuine and meant to be helpful, because of the adversarial position of the insurance company it is unwise to rely on such advice.
In the end, only you can decide if you need an attorney. Many other factors may need to be considered. But finding an attorney that you can trust to give you sound legal advice and be a strong advocate for your position is important. Most attorneys will offer a free consultation and you should take full advantage of this offer. Finding a legal advocate that you can trust and who wants to keep your business for years to come can make an enormous difference in whether you are able to pay for your medical treatment and future care, or whether you are forced to endure ongoing medical problems and mounting bills.
South Carolina, like many states, requires that its drivers carry insurance within certain minimum limits of coverage. Unfortunately, many times drivers fail to do so. What becomes even more frustrating however is when the person causing an accident has insurance that would cover the medical bills and other damages, but that insurance company refuses to produce the promised money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person as well as for the at-fault driver who faithfully paid their insurance premiums in anticipation and reliance that if they ever did make a driving error, that they would have the protection they were promised from their policy.
The injured party, facing mounting medical bills, often comes to my office conflicted and still hoping to convince the insurance company to pay for their damages without the need for litigation. Here are a few things to remember when deciding whether to obtain an attorney.
1) Never forget that the insurance companies are not charities but are for profit enterprises. They have different, and usually adverse, interests from you in your accident claim. They may be friendly, but the bottom line is that they want to pay as little as they possibly can (an understandable position given that they are in it to make money) to maximize profits.
2) Anything you say may be used against you. Be very cautious about giving recorded statements. Injuries often subside and return, or the injuries we think are about to heal take a turn for the worse. Statements regarding your condition should be given, if at all, only after ample time has been allowed for treatment and healing. Likewise, it is better to discuss your case with an attorney before giving a statement.
3) Is the insurance adjuster trying to direct your medical treatment? Your medical treatment should be a decision made by you with the consult of your doctor. It should not be influenced by an insurance adjuster and it should raise a red flag in your mind if you notice the insurance adjuster commenting or suggesting certain courses of treatment. While some such advice may be genuine and meant to be helpful, because of the adversarial position of the insurance company it is unwise to rely on such advice.
In the end, only you can decide if you need an attorney. Many other factors may need to be considered. But finding an attorney that you can trust to give you sound legal advice and be a strong advocate for your position is important. Most attorneys will offer a free consultation and you should take full advantage of this offer. Finding a legal advocate that you can trust and who wants to keep your business for years to come can make an enormous difference in whether you are able to pay for your medical treatment and future care, or whether you are forced to endure ongoing medical problems and mounting bills.
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