Monday, June 22, 2009

Accident investigation -Self-Help

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.

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.

Pushed to File a Claim

A great percentage of my clients only come to me after becoming completely frustrated with the Insurance company that is adjusting their claim. Whether it is a home fire or an auto accident, the claim usually begins on friendly terms, but at some point many people become frustrated at the adversarial, inefficient and sometimes hostile response they receive from the insurance company that is supposed to be covering them for the injuries they have received.

Many of my clients decide to hire an attorney as a last resort, when their health and the mounting costs of healthcare put them in a severe financial crisis if they are unable to get the responsible party's insurance to cover the claim. The insurance company has the luxury of time, but the injured person often does not. Without healthcare many people can only afford a few trips to the doctor, and the insurance companies can often deny the claim in order to get the treatment to end. Conversely, the lack of treatment is often used by the Insurance Companies against an injured person to deny the severity of the injury later. Without the means to get the needed treatment, many people are pressured to compromise their claim, their health and often their futures. The Insurance Company may offer an inadequate and unfair amount of quick money that claimants feel pressured to accept just to meet their pressing expenses. It is often at that point that people that have never dreamed of filing a lawsuit will call an attorney.

If you have an injury from an accident contact an attorney to assist you. Don't wait, but find an attorney that you can trust and one that will tell you honestly what you should expect and whether you need an attorney.

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.