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clue-report-320x240

One of the best kept consumer secrets out there is the little-known CLUE report, which is made available to insurance companies on every single insurance consumer. I found this great information for my friends on the Blog 20somethingfinance.com by G.E. Miller. The CLUE report is the insurance-world equivalent of a credit report on insurance consumers and can have a profound impact on your personal property and auto insurance rates. However, despite its importance, only 1% of consumers said they were very familiar with the CLUE report and only 17% had ever heard of it. If you don’t know what a CLUE report is and how it can be used against you – I strongly recommend you read on.

Crusading for vulnerable consumers has become a deeply passionate pursuit of mine, so I decided to dig in to and find out answers to the following questions (and even ordered my own report in the process):

  • what is a CLUE report?
  • what information is reported?
  • when is information reported?
  • can your CLUE report be used against you to charge higher rates?
  • how far back do CLUE report claims and inquiries go?
  • when should you check your CLUE report?
  • how can you dispute any incorrect information?
  • how can you get a free CLUE report?

Hopefully you find this CLUE report overview helpful.

What is a CLUE Report?

CLUE is an acronym for the Comprehensive Loss Underwriting Exchange database, where insurers provide and obtain information regarding your insurance claims history. A CLUE report is a registered trademark of and generated by LexisNexis, an insurance consumer reporting agency (similar to credit reporting agencies like TransUnion, Equifax, and Experian, but for insurance instead).

There are actually 2 types of CLUE reports:

  1. CLUE Property Claims Report (i.e. for homeowner insurance claims)
  2. CLUE Auto Claims Report

The reports cover your personal property and personal auto claims history and are used by insurers to document your claims and inquiries and determine your risk profile, which impacts your insurance premiums.

What Information is Included in CLUE Reports?

The following information is contained in CLUE reports for each insurance consumer:

  • name
  • date of birth (partially edited out for security reasons)
  • Social Security Number (completely edited out for security reasons)
  • policy holder
  • policy number
  • gender
  • claim number
  • claim date
  • driver’s license, vehicle make and model, VIN# in the CLUE Auto Claims Report
  • description of the covered property and/or address of property in the CLUE Property Claims Report
  • type of claim
  • amount of claim
  • loss status
  • possible related claims
  • list or record of companies that have inquired about your loss history in the last two 2 years
  • your inquiry history (if submitted by insurer)

When Does an Insurer Contribute to a CLUE Report?

Insurers report to LexisNexis in the following scenarios:

  1. when they pay a claim
  2. when they set up a possible claim
  3. when they formally deny a claim
  4. when they receive an inquiry into a possible claim (not all submit this)

Inquiry history is key. If you call your insurer merely to inquire about damage and whether you should file a claim, a notation will get made. LexisNexis advises insurance companies not to report claims information when you contact them to simply ask a question about coverage or your deductible. However, they often do. This could come back to haunt you if someone asks you for a copy of your report later, you want to change policies, or have another claim later on.

Can your CLUE Report be Used Against you to Charge Higher Rates?

Unfortunately, yes. Insurers will typically request a CLUE report when you apply for new coverage or request a quote. The company will use your claim history and/or the history of claims at a specific property to decide if they will offer you coverage and how much in premiums you’ll pay for that coverage. Past claims are used as an indicator of future claims and to determine your risk profile. If you’ve had auto or personal property claims, you will typically pay more for future coverage.

Here are just a few of the ways your CLUE reports can be used against you:

  • Inaccurate information can be included in the report.
  • Fraudulent insurance claims made by others in your name may be included in your report.
  • Any recent claims against the property that you are purchasing can increase your rates on that property.
  • A report may use information other than claims data to rate you as a risk – even if the company doesn’t pay a claim. For example, a loss may fall below your deductible and the claim is denied or you are advised not to submit a claim. Even simple phone calls to inquire can be used against you.
  • Even when repairs are made and the property is restored to the original condition or you are not at fault in an accident, the CLUE report can include information about the claim.

All of this information in the report can affect the premiums you pay as well as whether you are insured at all if you are deemed to be a high enough risk. Scary, right?

How Far Back do CLUE Report Histories go?

Given the impact on insurance premium rates, one would naturally wonder how far back CLUE report claims and inquiries go. In other words, what is the historical lookback period for CLUE reports? CLUE reports typically contain up to seven years of claim history. According to LexisNexis,

“If you have not filed a claim against your auto or property insurance policy in the last 7 years, you will likely receive a clear report.”

When Should you Check your CLUE Report?

After researching CLUE reports in depth, here is when I plan to review mine (and others) for accuracy (note: you’re entitled to one of each report for free once per year):

  1. Once a year prior to policy renewals.
  2. Whenever I go shopping for a new insurance plan.
  3. Whenever I am in a car accident and make a claim.
  4. Whenever I look to purchase a new home, I will check my CLUE Property Claims Report and ask for a copy from the property owner of the property I am looking to purchase. In some states, sellers are legally required to disclose any damage or repairs – but that doesn’t mean they will. And getting a report from a third party to confirm is a smart move in case they are withholding information.
  5. Whenever I sell a home (if I have a good record to show, this can be a selling point).

How to Dispute your CLUE Report

CLUE report errors are possible can have a costly negative impact on your insurance rates. Errors can range from a simple error in data entry or information reported by insurer to fraudulent claims made in your name. You shouldn’t have to pay for someone’s mistake or fraudulent activities. Thankfully, there is a means to dispute incorrect information in your CLUE report. LexisNexis has the following to say about filing CLUE report disputes:

Upon receipt of your dispute, we have 30 days to conduct a reinvestigation of the information disputed and to record the current status of the information on your file or, in some instances, delete the information from your file. We will provide you with notice of the results of our reinvestigation no later than 5 business days after the completion of the reinvestigation. This notice will be provided to you by mail.

You can dispute by contacting LexisNexis by phone at 888-497-0011 or mail at LexisNexis Consumer Center, P.O. Box 105108, Atlanta, GA, 30348.

If the matter isn’t resolved to your satisfaction, you have the right to add a statement summarizing the nature of the dispute, which will appear in future CLUE reports. If you still don’t get results, you can contact your state insurance commissioner or file a complaint with the FTC.

 

How to Get a Free CLUE Report

Similar to how you can get one free credit report per year from each of the major credit bureaus (tip: you can also get free updated TransUnion and Equifax credit reports from Credit Karma any time) – you can click here to order your free CLUE report online, which is probably the easiest way to obtain your CLUE report.

You can also order by mail, or call LexisNexis toll free: 866-312-8076, Monday – Saturday, 24 hours/day, Sunday: 10:00 am to midnight EST. Ordering online is easiest.

You can get one free CLUE Property Claims Report and one free CLUE Auto Claims Report per year – and they can be ordered separately or together at the same time.

 

Teen driver in good mood with black car, selective focus on eyes
Teen driver in good mood with black car, selective focus on eyes

When a teenager gets a driver license, it signifies freedom and the lure of the open road. But with this newfound freedom comes a host of new situations and possible problems that most teen drivers have never encountered before. It’s a good idea to review these scenarios with new drivers in your family, and discuss how to handle them before they happen for real.

From traffic stops to road rage, here’s a primer on what you need to tell teen drivers as they take to the roads.

  1. What to do when you’re stopped by a police officer
    Safely pull to the side of the road, turn off your car, roll down the window and keep your hands visible. Don’t make any sudden moves or argue with the officer. Do your arguing in traffic court.

 

  1. How to deal with a flat tire
    Pull completely off the road, even if it means destroying the tire. Call roadside assistance and let that person change the tire. If you have a spare (many cars now only have an inflation kit) and know how to change the tire, make sure you are out of traffic and in plain sight of oncoming traffic before changing it yourself.

 

  1. What to do when the “check engine” light comes on
    If there is any change in the car’s performance, any mechanical noises, smoke from the tailpipe or electrical smells, stop the car and call for assistance. If there are none of these symptoms, take the car to a dealer and let them diagnose the problem. However, if you just bought gas, the light might just be indicating that the gas cap is loose. Tighten the cap and continue driving. The light should go off on its own.

 

  1. How to deal with a friend who is about to drive under the influence
    Don’t get in the car. Do anything not to drive with an intoxicated person, and that includes calling your parents for a lift or paying for a taxi. Your next move is to try to prevent your drunken friend from hurting themselves or someone else.

 

  1. What to do after an auto accident
    If the car is drivable and there are no serious injuries, turn on your flashers and pull safely out of traffic. Call the police to report the accident. Exchange insurance information with the other driver but refrain from discussing the accident and who is at fault. Make notes and use your cell phone’s camera to take pictures of the cars involved.

 

  1. How to drive in rain
    Reduce your speed and leave more room between your vehicle and those in front of you. Understand how to handle skids. Understand that a car might hydroplane on a rain puddle on the road and learn how to react to driving with reduced traction and visibility.

 

  1. How to avoid road rage situations
    Understand the severe consequences to you, your car and your driving record when minor disagreements escalate to life-threatening situations. When someone offends you, take a deep breath and know that your anger will dissolve in minutes. Don’t anger other drivers by cutting them off or tailgating. If you’ve inadvertently angered another driver, don’t get drawn into interacting with them. Ignore them or, if necessary, change your route. Finally, repeat this phrase: It’s just not worth it.

 

And lastly, but most important of all:

  1. How to drive safely

Distracted driving is fast becoming one of the country’s biggest health concerns.

As more and more drivers text while on the road, distracted driving crashes are steadily increasing year over year. In fact, the Center For Disease Control and Prevention estimates that 8 people are killed every day in the U.S. as a result of crashes involving a distracted driver.

However, distracted driving doesn’t just mean texting and driving. You can be distracted by one of many activities.

Distracted driving means driving while not fully paying attention to the road. Many people think of texting and driving or talking on the phone when driving; however, you can also be distracted by:

  • Reaching for your phone.
  • Changing the music.
  • Using an app.
  • Checking your GPS or map.
  • Taking a photo.
  • Checking email or posting to social media sites.
  • Eating and drinking.
  • Putting on makeup/grooming.

Even talking to a passenger in your car can be a distraction. You are distracted ANY TIME your mind and/or your eyes are off the road.

Even if it’s just for a brief text, the results can be deadly. Consider the following statistics:

  • When you send a text, you take your eyes off the road for about 5 seconds. That’s the time it takes to drive the length of a football field going 55 MPH! (U.S. Department of Transportation).
  • At any moment during the daylight hours, about 660,000 drivers are handling cell phones or other electronic devices while driving in the U.S. (National Highway Traffic Safety Administration).
  • You are 3 times more likely to get into an accident when distracted driving by manipulating a mobile device (Virginia Tech Transportation Institute).

 

While these are all great tips for new drivers, I hope everyone found something of value in it.  I know I will be downloading an app for my phone!

 

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20121213hitandrun1

When you are the victim of a hit and run accident, you likely feel angry and confused, and it can be unclear how to get compensation for your damages and injuries. However, there are steps you can take to create a smoother experience, should you be in this unfortunate situation.

Gather as much information as you can to help police and your car insurance company identify the other vehicle. Try to find and get contact information for any witnesses.

If you have uninsured motorist (UM) coverage and/or collision coverage, your provider may cover the damage in a hit and run and compensate you or any of your passengers for any injuries.

 

What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

  • A car hits you and speeds off.
  • A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

What to Do After a Hit and Run Accident

While you’ll likely be feeling immense stress if you’re a victim of a hit and run, it will help to stay as calm as possible and gather as much information as you can.

Having more information:

  • Increases the chances that the police will catch the driver who hit you.
  • Helps your car insurance company make decisions about your claim.
  • First, get as much information as you can about the car that hit you, such as:
    • Make,
    • Model,
    • License plate number.

Finally, take the following steps before leaving the scene:

  • Write down the time and location of the accident.
  • Take pictures of the accident scene.
  • Take pictures of your car, especially if another car’s paint is visible on it. (This will help you prove that you are not attempting to defraud your insurance company.)

If the hit and run occurred when you were away from your parked car, jot down as much information as you can, such as:

  • Time,
  • Location,
  • Damage.

Who Pays for Hit and Run Damage and Medical Care?

This depends on certain factors, including whether the fleeing driver was identified and what state you live in.

Payment for hit-and-run claims usually comes through your own car insurance. In most states, the coverages in question are uninsured motorist bodily injury and uninsured motorist property damage, which essentially act as the at-fault (in this case, hit-and-run) driver’s liability coverage. Uninsured motorist bodily injury helps pay for injuries caused by a hit-and-run accident, while uninsured motorist property damage covers damages to your car.

The good news is that these coverages are relatively affordable, and they offer significant financial protection from the uninsured (or hit-and-run-committing) drivers up to the limits you select.

YOUR #accidentattorney,

Marianne Howanitz

Sources:  dmv.org and esurance.com

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1641dcb0f013f05c818a27a6ad09b76b

Isn’t it wonderful that fall has finally arrived? With cooler air and beautiful, sunny days here finally, many of us are opting to get out our bicycles and head out for a ride after work or on the weekends. This is a great way to spend healthy time with friends and/or family.  Bicycle safety is a main concern for these rides as a report released last year by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation, 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

HOW BIG IS THE PROBLEM?

Deaths and Injuries

In 2013 in the U.S., over 900 bicyclists were killed and there were an estimated 494,000 emergency department visits due to bicycle-related injuries.

Cost

Data from 2010 show fatal and non-fatal crash-related injuries to bicyclists resulted in lifetime medical costs and productivity losses of $10 billion.

  • You always need a helmet wherever you ride. You can expect to crash in your next 4,500 miles of riding, or maybe much sooner than that!
  • Even a low-speed fall on a bicycle trail can scramble your brains.
  • Laws in 22 states and at least 201 localities require helmets, although few cover adults.
  • Make sure your helmet fits to get all the protection you are paying for. A good fit means level on your head, touching all around, comfortably snug but not tight. The helmet should not move more than about an inch in any direction, and must not pull off no matter how hard you try.
  • Rear stabilizers do not substitute for careful strap adjustment.
  • Pick white or a bright color for visibility.
  • Common sense tells you to avoid a helmet with snag points sticking out, a squared-off shell, inadequate vents, excessive vents, an extreme “aero” shape, dark colors, thin straps, complicated adjustments or a rigid visor that could snag or shatter in a fall.
  • Consumer Reports has some brand recommendations here.

So, get out that dusty bike and polish it up!  Grasp life by the handlebars! Because four wheels move the body, two wheels move the soul. And thank you for not driving (in the bike lane).

Stay safe out there friends,

YOUR #accidentattorney, Marianne

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2a25ec68-6474-43ab-be39-c66354387e81-large

The answer is yes. Even after a minor accident, a police officer can help you sort things out, and document what happened in case that becomes important in the future. As nice as the other driver might seem, their story may change and it will be difficult to prove without the backup of a police report, as recently happened to one of my clients. Having an accident report cuts down on the he said/she said at the get go.

A police officer’s presence at the scene — and any resulting police report — may be crucial to your claim. A trained police officer can be an invaluable source of help and information in such a confusing situation. A police officer can:

  • provide or call for emergency medical care (of course, if there are injuries, someone should call 911 as soon as possible, before calling the police)
  • protect the accident scene, and
  • investigate and document the cause of the accident.

In cases involving injuries, substantial damage to the vehicles, or significant motor vehicle law violations, the officer will write a police report of a car accident. Make sure to get the name and badge number of the officer and the police agency that the officer represents so you can get a copy of the accident report after it’s written. Also get the report number if it’s available.  There will probably be a small charge for the police report, but it’s worth it. The police accident report is a critical document which is relied upon fairly heavily by everyone involved in the claims process.

If You Have a Fender-Bender With No Injuries

Should you still call the police even if your accident is just a minor one? The answer is usually yes. Even after a minor accident, a police officer can help you sort things out, and document what happened in case that becomes important in the future. However, in many metropolitan areas, the police probably won’t come to the scene of your minor fender-bender. They will simply tell you to exchange information with the other driver. The police will not prepare a report in this situation.

If the Police Tells You to Just Exchange Information

If you do call the police, and they tell you to just exchange information with the other driver, what information should you exchange? At a minimum, make sure you get from the other driver(s) — and that the other driver(s) get from you — the following information:

  • Name
  • Address
  • Telephone numbers
  • Name of car insurance company
  • Policy number
  • Name, address and telephone number of insurance representative that you should contact about this accident.
  • License plate number (and state in which the car is registered)

Ask to see documents from which you can copy this information, such as a driver’s license and an insurance verification card. Why? Sometimes, drivers — such as those who don’t have insurance — will give false information if you don’t verify what they are telling you. If they won’t verify their information, call the police and insist that the driver stay until the police arrive.

If you are suspicious about the information you are getting, call the other driver’s insurance company from the scene of the accident to verify for yourself that the other driver has given you accurate information. But only verify coverage. Don’t give accident details to the other driver’s insurance company. Not yet. You’ll do that later, after you’re away from the scene of your accident and have calmed down.

If the Police Are On Their Way

If you call the police, and they do send an officer to the scene of your minor accident, they may give it a low priority. It could take up to one hour for an officer to arrive after you call the police. Wait for them. What should you do while you are waiting for them to arrive?

  • Assess the situation
  • Help anyone who is hurt
  • Protect the scene against further damage
  • Don’t make any agreements with the other driver at the scene
  • Document the scene with your cell phone or camera, and
  • Contact your own insurance company to notify them and see if they have anything they want you to do while there.

Once the police officer arrives, speak only with him or her about the specifics of your accident. Provide the information that the officer requests, but be careful what you say, even to the officer.

If you have any questions about what you should do, contact your local accident attorney for a free consultation.  My office is always happy to answer your questions!

Stay safe out there, friends!

 

 

 

Source:  http://www.all-about-car-accidents.com/

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picture1
Savage Stallion is not only a great name for a rock band, but a common cause of injury here in Horse Country.  Recently we represented a woman who was bitten by a passing stallion on a local trail.  Negligence on the part of the owner often plays a role in a dog bite or animal attack. Laws vary by county, so if you have been bitten or attacked, it’s important to seek legal advice right away. If there is an injury, seek immediate medical attention. It’s not always possible to know just by looking at the animal if it is sick, and you want to guard against the chance of infection and other disease from a bite or related injury. If you have been bitten by a dog or injured by a vicious animal, do not admit fault.

According to www.webmd.com, animal and human bites may cause puncture wounds, cuts, scrapes, or crushing injuries. Most animal and human bites cause minor injuries, and home treatment is usually all that is needed to care for the wound.

Most animal bites occur in school-age children. The face, hands, arms, and legs are the most common sites for animal bites. Since most bites occur in children, be sure to teach children to be careful around animals and that an animal could hurt them. Young children should always be supervised around animals.

Dog bites occur more than any other animal bite and are most frequent in the summer months. The dog is usually known to the person, and most injuries result from the dog being teased or bothered while eating or sleeping. Boys are bitten about twice as often as girls. The arms, head, and neck are the most likely areas to be bitten in children.

Cat bites usually cause deeper puncture wounds than dog bites and have a high risk of bacterial infection because they can be hard to clean adequately.

Exotic pet bites, such as from rats, mice, or gerbils, may carry illnesses, but rabies is not usually a concern. The bites from some pets, such as iguanas, are at risk for infection but do not carry other serious risks.

Livestock, such as horses, cows, and sheep, have powerful jaws and can cause crushing bite injuries. Infection, tetanus, and rabies are possible risks.

Wild animal bites may occur while hunting, camping, or hiking. Infection, tetanus, and rabies are possible risks.

Adult bites that cause a wound to the hand can be serious. A clenched fist striking another person in the mouth and teeth can cut or puncture the skin over the knuckles. This is commonly called a “fight bite.” Underlying tissues may be damaged, and an infection can develop.

Bites from children are:

  • Usually not very deep.
  • Not as forceful as adult bites.
  • Not too likely to become infected.
  • Not damaging to underlying tissue.

When you have a bite:

  • Stop the bleeding by applying direct pressure.
  • Determine if other tissues, such as blood vessels, nerves, tendons, ligaments, joints, bones, or internal organs, have been injured.
  • Determine if treatment by a doctor is needed.
  • Clean the wound to prevent bacterial infections, tetanus (“lockjaw”), and viral infections, such as herpes simplex virus and cytomegalovirus (CMV).
  • Determine the risk for rabies and the need for treatment to prevent the disease.
  • Determine if you need a tetanus shot.

Have you been the victim of a dog bite or animal attack as a result of someone else’s negligence? It is important that you contact legal counsel as soon as possible. The preservation of evidence needed to prove your claim is of utmost importance and may be lost or destroyed if not preserved immediately.

asheville
asheville

Heading out for a trip to see the fall foliage? Make sure that you check out the condition of your tires before you leave.  For many drivers, there is nothing more frightening or potentially dangerous than a tire blowout at almost any speed. While the number of tire-related crashes has dropped dramatically since 2008, when all new vehicles were required to have automatic tire pressure monitoring systems, these numbers still remain high. The stats do not lie, as tire blowouts and flats result in nearly 11,000 collisions and 200 fatalities each year.[1]

With all the advances in safety standards and technology, why are tire blowouts still such a significant safety issue? According to Traveler’s Insurance, one reason may be that since blowouts are now a rarer occurrence, when they do happen, drivers are less prepared to handle them and react properly. When a tire blows out, it can take about ¼ second before your ride suddenly becomes a struggle to avoid an auto accident. How you react can make all the difference in how the situation resolves itself. The first step is staying calm and in control of your vehicle.

What Does a Tire Blowout Sound Like?

Expect to hear three key sounds that may vary depending on your specific situation. First, you may hear a loud boom or bang of the tire popping reverberating through your car. You may then hear a whooshing sound or the sound of the air quickly escaping from the tire, and finally, a repeated flapping or flopping of the deflated tire hitting the road.

What Does a Tire Blowout Feel Like?

When a tire explodes at speed, first you will feel the vehicle slow down, then it will pull strongly to the left or right depending on which tire burst.[2] If it was a front tire that burst, you will feel the force mostly within the steering of your vehicle. With a rear tire, you will feel it more in the seat or body of the car. Whether the blowout occurred in the front or back, your response should be the same in either situation.

How to Drive Through a Tire Blowout

According to the National Safety Council and other safety experts, there are some important tips and best practices to remember if you experience a tire blowout.

  • Keep a firm grip on the steering wheel.
  • Do not slam on the brakes.
  • Let your car slow down gradually.
  • Pull to the side of the road once you have slowed to a safe speed.
  • Activate your emergency flashers.[3]

What to Do After a Tire Blowout

After a blowout, only exit your vehicle if you are certain you are safely off the road and out of harm’s way. Turn your emergency flashers on to alert other drivers, and put out reflective cones or triangles if you have them. If it is not safe to change the tire where you are, or you are unsure how, call for roadside assistance.

Also keep in mind that a spare is only recommended for emergencies and should not be driven for long distances or at high speeds. Take the time to read your owner’s manual to learn where your spare tire and necessary tools are located. Your manual may also provide instructions on how to change a flat tire. It is a good idea to be familiar with these procedures before you get stuck on the side of the road.

How to Prevent a Tire Blowout

The good news is that many tire blowouts are preventable with the proper effort and attention. Most occur from May through October when the road surface is the hottest, resulting from an underinflated tire, excessively worn treads, or an overloaded vehicle. A simple, routine inspection of your tires to check for slow leaks, wear and tear, and proper pressure is important. Keeping your load light, within your vehicle manufacturer’s recommendations (found in the same spot as the recommended tire pressure), can help too.[4] 

So head on out for a great fall adventure, and stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz

[1] http://www.safercar.gov/tires/index.html
[2] http://www.ntb.com/tires/Tire-Blowout-Education.j

[3] http://www.nsc.org/news_resources/Resources/Pages/WhattoDoIfYouHaveaBlowoutontheHighway.aspx
[4] http://www.popularmechanics.com/cars/how-to/repair/why-blowouts-happen-and-how-to-avoid-them-15832078

 

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senior-woman-looking-for-low-back-pain-relief-380x250
My office often gets calls from accident victims that felt fine immediately after the accident and by a week later are in some serious pain.  Vehicle accident injuries can be late-appearing. Here’s how to protect your health and your legal rights.

 

Almost any car accident is a traumatic event. From catastrophic collisions to fender-benders, there is a lot of force involved when a vehicle hits (or is hit by) something. Often, when people are in a car accident that seems minor, they do not notice any injury symptoms right away. This happens for a variety of reasons. In this article, we’ll help you understand the importance of monitoring your injuries following a car accident — for your physical well-being and to protect your legal rights.

Shad Withers, writing in the legal blog Nolo.com, had some really good advice that I would like to pass on to my friends.

 CAR ACCIDENTS ARE EXCITING

Not “exciting” in the fun sense, more from a physiological perspective.

Sometimes athletes get injured during a game, and they continue to play without noticing the injury until the game is over. That is because their bodies are generating adrenaline and endorphins. These two chemicals operate to super-charge our bodies and even block pain.

Most car accidents will create a similarly heightened level of excitement. Your body will generate adrenaline and endorphins, which means you feel increased energy and (possibly) a lack of pain. Just because you feel fine immediately following a car accident, that doesn’t necessarily mean that you are fine. Once the release of those chemicals subsides, the pain from any car accident injuries could start to set in.

SOFT TISSUE INJURIES AFTER A CAR ACCIDENT

A soft tissue injury refers to damage done to parts of the body other than bone. Muscles, tendons, and ligaments are considered “soft tissue.”

Car accidents, even low-speed ones, generate a lot of force. Drivers and passengers often come to a sudden stop right along with the vehicle in a car accident; or they may get thrown around the passenger area. This places a lot of stress on joints and other vulnerable areas of the body.

Perhaps the most common — if not the most recognized — type of soft-tissue injury is “whiplash.” This refers to an injury to the neck muscles when the head is suddenly, and forcefully, thrown forward and then back.

Soft tissue injuries typically result in pain, swelling, and reduced mobility, but these symptoms may not show up immediately. They can take days, even weeks, to manifest. In addition, soft tissue injuries are not visible on an X-ray. This makes them more challenging to diagnose and document. Getting proper medical treatment is the key first step, at or even before the first sign of pain or discomfort (more on this below).

CONCUSSIONS AFTER A CAR ACCIDENT

Your brain is well-protected by your skull and the fluid inside of it. However, if you strike your head, or your body is violently jolted, your brain may strike the inside of your skull with great force. If this happens during the course of a car accident, you may sustain a concussion.

Concussions can be very serious, and the symptoms do not often show up immediately. Sometimes the symptoms are obvious (such as disorientation or even loss of consciousness), but they can also be more subtle. Here is a list of concussion symptoms:

  • clouded thinking
  • inability to concentrate
  • difficulty remembering new information
  • headache
  • blurry vision
  • nausea
  • dizziness
  • lack of energy, and
  • abnormal sleep patterns (sleeping more than usual or less than usual)

If you exhibit any of these signs following a car accident, you may have a concussion; and you should seek medical attention.

SEE A DOCTOR AFTER A CAR ACCIDENT

Following a car accident, you should see a doctor if you feel any level of pain and discomfort. It may even be a good idea to get checked out even if you feel fine. Your doctor will be in the best position to determine whether you sustained any serious injuries in the accident. Your doctor can also give you advice on monitoring symptoms of potential injuries, including the sorts of red flags to watch out for.

If you end up making any sort of injury claim after the accident, it’s crucial to be able to document the fact that you sought medical treatment within a reasonable amount of time. If you wait too long to see a doctor, the insurance adjuster is going to argue that you couldn’t have been all that injured.

DO NOT SETTLE RIGHT AWAY

Following a car accident, the other driver’s insurance company may contact you and try to get you to sign a release of any claims you might have. The insurance company may even offer you a sum of money to entice you to sign the release.

You should wait until you have been fully evaluated by a medical professional before signing anything the adjuster puts in front of you. You should also wait long enough to make sure all injuries from the car accident have fully manifested themselves. Your doctor can help you determine how long this needs to be. If you sign a release, and an injury shows up later, you cannot then go back to the insurance company and ask them to pay for your medical treatment. You waive your legal right to pursue that compensation when you sign the release.

If you’ve suffered significant injuries after a car accident, or you just want to make sure the claims process goes smoothly, you may want to talk with an experienced attorney. Learn How an Attorney Can Help with a Car Accident Claim.

My staff and I are always happy to answer questions about your accident you may have free of charge. And if we can’t help you, we may be able to point you in the right direction.

Stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz

 

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A great many drivers on the road represent threats to your safety and well-being. But there are numerous ways of minimizing your chances of having a collision with an unsafe driver. Defensive driving is a big part of car safety and you should always be practicing it, until it becomes second nature.

A cardinal rule that will help you stay out of collisions is: Don’t tailgate. Tailgating is the cause of innumerable accidents, many of them serious. No matter how fast you’re going, you should be able to stop safely if the car in front of you were to slam on its brakes. Any closer than that and you are in a danger zone. So the faster you’re traveling, the more room you’ll want to leave between your car and the one in front of you.

More space gives you:

  • More time to react and brake or steer if something unexpected happens;
  • Better visibility around the vehicle ahead;
  • More room to maneuver and lane change if there is a delay or obstruction in your lane;
  • A smoother ride because you no longer need to brake abruptly;
  • Better fuel economy and reduced vehicle wear because you are now driving more smoothly.
  • Keep a safe distance. While it is never safe to tailgate any vehicle on the highway, following too close is particularly dangerous around large trucks and buses because the size of these vehicles prevents you from seeing the road ahead and having sufficient time to react to slowing or stopped traffic or another obstacle.

Following too closely is always the cause of multi car pileups on freeways and other roads. Besides, it’s illegal. So don’t tailgate. And if you’re being tailgated take action to get the tailgater off your back. If possible, move to another lane. If you can’t do that safely, slow down gradually. Don’t hit the brakes – you could cause an accident involving yourself, and you could also trigger a bad case of road rage. Just gradually slow down until the driver behind you takes the hint and decides to either back off or go around.

Stay safe out there friends!

 

 

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What is GAP Insurance and why should I add this coverage to my automobile policy?
GAP insurance or “guaranteed auto protection” is a coverage that you may purchase for your already existing automobile insurance policy. This coverage will pay for the difference between your vehicle’s actual cash value and the amount that you still owe to the bank or finance company at the time of loss. Insurance companies will only pay what your vehicle is worth at the time of loss (actual cash value) and if the vehicle is depreciated they will deduct that amount. Therefore, you could end up paying for the difference of the amount you owe on your car loan and the car’s current estimated value. As a result, you may want to purchase GAP insurance in order to protect your investment.
Over the years I have had many clients who were injured in auto accidents in Florida and time and time again my clients assumed that their comprehensive and collision insurance will pay for their vehicle damage. These clients were surprised to find out that at the conclusion of the case they did not receive full compensation in their property damage because they did not purchase GAP insurance. So do your research and contact your insurance company and request a quote for GAP insurance coverage before you really need it!