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Reasons the Other Driver's Insurer Won't Pay

Reasons the Other Driver’s Insurer Won’t Pay

By | Auto Accident, bicycle accidents, Car Accidents, Driver's Insurer | No Comments

You are driving at a legal speed, obeying traffic laws and signals, when another vehicle crashes into yours. The accident is clearly the other driver’s fault, so you would assume that his insurance company would pay for your medical and car repair expenses. However, that isn’t always the case. Car accident cases can be much more complicated than you would think, and there are times that insurance companies refuse to pay. That is why it is always in your best interest to consult an accident attorney immediately following any car wreck like the law office https://realtoughlawyers.com/

Instances When an Insurer May Refuse to Pay

Even though the fault of your car accident may seem obvious, there are still some circumstances in which the other driver’s insurer may refuse to pay for your expenses. The following are five such instances:

 The Other Driver Had a Sudden Medical Event

It isn’t as uncommon as you may think for at-fault drivers to use the defense that they had a sudden, incapacitating medical event that caused them to lose control of their vehicle resulting in an accident. It is true that a driver may not be held liable if he or she had a sudden emergency – like a stroke or heart attack – provided that there wasn’t enough of a warning to safely exit traffic. However, the driver could be found negligent, and therefore liable, if it’s determined that he or she should not have been driving with the medical condition, or that he or she neglected to take care of the medical condition prior to driving.

 The Other Driver Hits Your Car After Being Involved in a Hit-and-Run

Consider this scenario: there is a truck that is hauling furniture that loses a couch off the back of the vehicle. This causes the car next to you to swerve and crash into your car. The furniture truck is oblivious (or not) and keeps going with no one obtaining the license plate number.

Your damages for this type of accident may require that you utilize your own uninsured motorist coverage. However, there may also be times that you have a legitimate claim against the driver of the other car. It’s hard to know without the assistance of an experienced car accident attorney.

A First Responder Hits Your Car on the Way to An Emergency Call

When a fire truck, ambulance, police car, or other first responder is racing to an emergency and hits your vehicle, it can be tough to prove negligence. In fact, it is usually a case where gross negligence has to be proven on the driver’s part, not just negligence – especially if the emergency vehicle had lights and sirens going. Anytime you file a claim against a government entity, there are a lot of hoops to jump through, and the standard for proving liability in these types of cases is much higher than that of a regular car accident.

Another Driver Hits a Deer, Loses Control and Hits Your Car

There are some instances where a car accident it truly that – an accident where no one is at fault. This may be the case when an animal suddenly jumps out in front of a car causing it to crash into another vehicle. However, there are also times when such an event occurs and there is some fault on the part of the other driver. For example, if the other driver hit the deer because he was speeding and unable to brake fast enough causing a crash with your car, then he may be held liable for your damages.

You Are Hit by a Thief Driving a Stolen Vehicle

While this may seem like a fairly unlikely possibility, it does happen. Because insurance policies cover the car owner and other licensed drivers who have permission to drive the vehicle, and there is no consent when a car thief takes the car, the car owner’s insurance company will refuse to pay your damages. However, there are cases where the car owner could be held partially at fault. For example, if he left the keys in the car with the engine running, he could be found partially to blame.

Seek Help from An Experienced Attorney

The above types of accidents are complicated, and they require representation from an experienced car accident attorney to resolve favorably. If you or a loved one has been involved in any car accident, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to discuss your case and determine how to proceed.

 

What to Expect in a Personal Injury Deposition

What to Expect in a Personal Injury Deposition

By | Personal Injury | No Comments

Most personal injury cases involve depositions. Because most of these types of cases are settled before they make it to trial, it may be the only time that you are questioned by the counsel from the other side. Having to participate in a deposition may be daunting, causing some nervousness, especially when you don’t know what to expect. The following outlines what normally happens in personal injury depositions.

What is a Deposition?

Basically, a deposition is a meeting where the opposing counsel is able to question you about the case. Your attorney is in attendance with you as you are questioned. There is typically a court reporter present and the session may be videoed as well.

Why is a Deposition Necessary?

In a personal injury lawsuit, both the plaintiff’s and defendant’s sides have a right to know what evidence the other side has so they can thoroughly prepare for a trial (in the event that the case isn’t settled). The opposing side is entitled to see all of the information that your attorney has collected regarding your case. Additionally, they are entitled to hear your thoughts and recollection of the accident.

What Will I Be Asked in a Personal Injury Deposition?

In a personal injury case, the questions involved in a deposition are usually background-related and accident-related.

Background-related questioning typically involves the following:

You will be asked about your current address and previous addresses for a specific amount of time.

You will be asked about your occupation and salary. You may also be asked about previous employers.

You will be asked if you have filed other lawsuits in the past, and if so, what types.

You will be asked if you have any criminal history.

You will be asked about previous illnesses and injuries and for your doctors’ contact information.

Accident-related questioning typically involves the following:

You will be asked to describe the accident that caused your injuries. The attorney will likely want you to describe every minute detail of the accident – so be prepared for this part to take some time.

You will be asked to describe your injuries. This too will take some time. You will be asked to provide information about every doctor who has treated you, how you came to see each doctor, the status of any medical bills, if you have been working since your accident, etc.

You will be asked to detail any limitations you have had since the accident (work, household duties, caring for family, etc.). These limitations will have to be supported by medical records.

Finding the Right Personal Injury Lawyer

While a deposition can be tedious, when you have an experienced personal injury attorney in your corner, you will be well prepared, and you will know that you have an advocate who is looking out for your best interests. If you or a loved one has been injured due to the negligence of another party, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to set up a consultation for your case. He will guide you through the deposition process as well as all the other aspects of your case.

Wrong Way Accidents On the Rise

By | Car Accidents | No Comments

As wrong-way driver accidents increase, so do personal injury and wrongful death lawsuits against at-fault parties

Recently, it has been nearly impossible to watch an evening newscast without hearing about another, often fatal, wrong-way accident. The National Transportation Safety Board (NTSB) issued a report in 2012 after conducting a lengthy special investigation into the number of occurrences and contributing factors relating to wrong-way crashes. From 2004-2009, there were 1,566 fatal wrong-way accidents that occurred on divided highways leading to 2,139 fatalities.

Even though the number of wrong-way crashes may be less than the overall number of vehicle accidents, wrong-way crashes are head-on collisions and are, by their very nature, more dangerous. A vast majority of wrong-way crashes occur on access ramps and high speed highways at night. Further contributing to the inherently serious nature of wrong-way crashes, a large majority of wrong-way drivers are found to be impaired by drugs or alcohol at the time of the accident. In many cases, these drivers also had a prior history of DUI convictions.

Many communities are establishing task forces and community response groups to address the growing problem of wrong-way accidents. Improved highway interchange and access ramps are one of the key areas where advancements are necessary. Larger, pre-lit signs with visible warnings to advise drivers that they are traveling against the legal flow of traffic also contribute to preventing avoidable accidents.

If you are involved in an accident with a wrong-way driver, it is important to explore your options and protect your best interests. You may be entitled to receive monetary damages for medical expenses including the costs of treatment, physical therapy and surgery. If you are unable to work, you may also be able to receive compensation for past and future lost wages. Our attorneys are also able to help you recover compensation for emotional and physical pain and suffering. If you lose a loved one due to a wrong-way driver accident, we’re here to help you pursue a claim for wrongful death.

Automobile accidents require lengthy investigations and the assistance of many different entities. We utilize innovative techniques to develop a strong case that supports your claims and protects your best interests. To schedule a free consultation with the Florida wrong-way driver accident attorneys at Osborne & Associates, call 561-293-2600 or send an email today. We stay by your side throughout the whole process from start to finish.