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        Posts Tagged :

        Motor Vehicle Accidents

        Is there a Rule About How Much can be Paid by Underinsured Motorists?

        150 150 Clifford Horwitz

        Question:

        I was involved in an auto accident in June 2002 in the state of Indiana. Accident was the other drivers fault – failure to yield per police report. I had bulging disks in fall of 2001, went through physical therapy, was fine, had the accident where I was hit from the side and then pushed into a light pole on the other side and hit it. Started having problems in lower back right away. Condition was aggravated.

        Went through physcial therapy, then started having trouble with shoulder in Sept. 2002. Was finally diagnosed with pinched nerve, one of the disks that had been bulging had ruptured. Had surgery to clean up rupture. Surgeon stated was caused by auto accident.

        Insured person was insured through her fiance, USAA is insurance company. He got the plan in Oklahoma where minimum coverage is only $10,000. Company is checking to see if clause that would make the coverage $25,000 – the minimum in Indiana. Medical bills are around $17,000.

        Was told I will have to go to my insurance for underinsured motorist coverage which I have. Is the normal still 3 times the medical bills? Who gets paid first? The insurance companies for medical or the person for the pain and suffering?

        I was also off work for 2 months, I have short-term disability through my employer and was paid for the time off through that. BCBS is my health insurance provider that paid the bills for the surgery.

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        If You’re Presumed to be at Fault, Can You Still Collect for Injuries?

        150 150 Clifford Horwitz

        Question:

        My daughter was hurt in an automobile accident. She has forty stitches about her left eye. She is seventeen years old.

        My daughter approached a green light, when she reached the white line the light turned yellow. And she kept going. She was struck on the driver’s side. She was driving a Geo Tracker with her stepbrother with her.

        Now she is being charged with fail to yield the right of way and not wearing a seat belt. My daughter says the light had just turned yellow and she is extremely upset. She says she has injuries but she is charged with the accident. Can she still claim personal injuries against the other driver? We need some advice.

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        What can I do if the Police Report had Wrong Information?

        150 150 Clifford Horwitz

        Question:

        I was involved in a car accident and was hit from behind. The police report has me coming from a freeway I wasn’t on and said so in my initial statement. Ultimately, the police report has me at fault. Can I get the report amended and if so, can I sue the person who hit me?

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        The Insurance Company is Denying What is on a Police Report

        150 150 Clifford Horwitz

        Question:

        My son and daughter were in a car accident. They were driving straight down a road when a truck taking a left turned out in front of them and my son swerved to avoid hitting the truck head on.

        The other driver was given a ticket for failure to yield to oncoming traffic and the police officer indicated by checking a box that the other driver was inattentive, and now the other driver’s insurance company is denying our claim.

        When a failure to yield right of way ticket is given, isn’t this a strong indication that the person who failed to yield caused the accident?

        I can’t believe that the other guy’s insurance adjuster agreed with me that if her insured hadn’t turned out in front of my son there wouldn’t of been an accident, so how can she deny our claim?

        I am thinking about suing the man who hit my son.

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        I was Rear-Ended. The Man Who Hit Me Accepted Liability…

        150 150 Clifford Horwitz

        Question:

        Aug. 2000 I was rear-ended. The man who hit me accepted liablilty. State Farm paid to fix my car (very little damage). I suffered immediate pain in my neck and down my left arm. I have had surgery, Physical Therapy and am currently on a lot of medicine for pain and stiffness. I have missed months of work and am not currently working. It is painful for me to sit and type at a computer for long periods of time. I suffer from the time I wake until I go to bed.

        Geico (the man’s insurance) offered me what coverage the man had ($20,000). He purchased coverage in a state with $20,000 limits. My medical bills are way over that amount. The Navy has a medical lien on my case (had coverage under my ex-husband). State Farm had denied me benefits under my underinsured motorist coverage claiming I had pre-exisiting condition (degenerative disc disease). I have $100,000 coverage.

        The doctors I have seen all say the accident didn’t cause the condition but did aggravate it. My attorney feels that it is best to settle because of jury attitudes in Va. Beach. I didn’t know I had any condition until I was rear-ended. There is nothing in any medical files that show I ever went to the doctor for it. I did however note that I have had about four occasions in my life that I had a stiff neck sometimes when I had a cold.

        State Farm sent the nastiest lawyer they could find to question me at the deposition. They will not pay. If I take Geico’s offer of $20,000, that’s the end of the case. I can’t go after State Farm separately. I have been insured with them off and on since about 1989. I have had everything from tenants to Life. I am appalled that State Farm can take your money and then not protect you when you have a legitimate claim.

        I have two minor children that I can’t play with anymore. I can’t clean my home, lift certain object. I am about to look into bankruptcy.

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        100% Responsibility Only Means 50% Liable? What Gives?

        150 150 Clifford Horwitz

        Question:

        I was involved in a traffic accident several weeks ago. I was sitting at a stop light and another driver ran through the light causing another driver to hit her, and she then ran into me. She was the only driver issued tickets from the police, because she clearly ran the light. I was not seriously injured in the accident, but I did go to the doctor to get checked out and lost a few days of work because I was under the doctor’s care.

        Now, with all that said, her insurance company is only accepting 50% liability, and stating that the other driver is also responsible for my car, even though the police report clearly states that she caused the accident. What can I do? There is a court date scheduled, if she is found guilty, will her insurance company then be forced to pay for my car?

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        We’d Like to Change Attorneys

        150 150 Clifford Horwitz

        Question:

        We recently filed a lawsuit since my father-in-law lost his life in a defective truck that exploded at the moment of impact.

        We have a lawyer, but I think that the deal is not going so well with him and I’m afraid he will rip us up if we don’t do something about it.

        We are seeking for some orientation on this matter because we would like to change lawyers. So far the suit has been filed at the county court. What can you tell me about our case?

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        I’m Under 20, Injured and Depressed. Do I have a Case?

        150 150 Clifford Horwitz

        Question:

        Being in a car accident, not being at fault, other car got ticket from running stop light. hitting me.

        I herniated few discs, my life had to change, can’t do much now, no sports etc. Constant year-long headache, neck pain. Depression, anxiety, tons of meds. and I’m under 20 years old.
        Is this a good case? Common case? What is a good settlement amount for such damage? I’m seeing many doctors.

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        During an Auto Accident, All Six Airbags Failed

        150 150 Clifford Horwitz

        Question:

        My mother and sister where recently involved in an auto accident. It was a head-on collision when they where turning and they where hit on the right side front of the vehicle.

        The police report I believe states the other driver was traveling at 50mph. My mother was knocked unconscious and received several small injuries, my sister hurt her neck and other injuries as well.

        This vehicle is equipped with 6 airbags and not one of them deployed. Can you advise me what their legal rights might be in a case like this?

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        I was Hit by a Garbage Truck and Need an Attorney

        150 150 Clifford Horwitz

        Question:

        I was hit by a garbage truck. The driver of the truck was issued a citation for failure to yield. I am seeking legal representation and was impressed by your Web site.

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