533 26th Street, Suite 100
Ogden, Utah 84401
Phone: (801) 395-0556
Fax: (801) 393-4004
dbhavas@havaslaw.com

General Questions About Injury Cases

Q. Should I contact my own insurance company?

A. Yes. Report the fact that you have been involved in a crash as soon as possible so that the insurance company can investigate it and prevent the insurance company from claiming that you are not complying with your insurance contract. In this way the insurance company cannot claim lack of reporting and delay paying you what they owe you under the contract.

Q. What do I do after the accident?

A. First thing is to get treatment by a medical provider, either your primary care physician or the emergency room at the local hospital. When the doctor asks you what happened, be sure to tell him that you were in a car wreck. A one-sentence summary of the wreck is also helpful for the doctor's understanding, such as: "my light turned green and I got halfway into the intersection when I got broadsided." Be sure to let the doctor know what your body impacted with inside your vehicle, this is important for the doctor to be able to relate the injuries you suffered to the cause for those injuries. Be sure to tell the doctor each and every part of your body that is bothering you. A good tool to use is to start at the top of your head and work your way down your body until you get to your toes. That way you'll be sure not to overlook any part of your body that may be hurt.

Follow your doctor's advice. Then be sure to document your pain, your bills, loss of work, the facts of the accident, property damage and visits to your health care provider. We will be able to guide you along the way as to what to do and, more importantly, what not to do.

Q. How are my medical bills paid?

A. In Utah the law requires that all automobile insurance policies provide for PIP, Personal Injury Protection, coverage, this is usually called no-fault coverage. This coverage provides for at least $3,000 of coverage for medical bills. So don't hesitate to get medical treatment as soon as possible, even if you don't feel initially like you have been injured. Many people involved in car wrecks who initially think that they were lucky and did not suffer any injury, or who, because of shock don't feel any pain, will wake up the following morning stiff and sore, unable to get out of bed, as a result of the forces of the impact. By going to the emergency room or your own doctor right after you have been involved in a car wreck you are not only insuring that you are not letting serious injury go undetected, but, it also helps strongly persuade insurance companies that you were injured.

Q. If I have to be off work because of my injuries, how are my wages paid?

A. Although, unfortunately, less than adequate, the Utah No-Fault Act (PIP) provides that 85% of your lost wages is paid to you if you are unable to work up to a maximum payment of $250 per week. The first three days are not paid for unless you are unable to work for two weeks or more. Keep track of all income you lose as a result of inability to work due to the wreck, including those that are paid for by sick leave, disability insurance payments, or otherwise, as long as it is not from the negligent driver or the driver's insurer. We are happy to discuss this issue with you in greater detail, give us a call at 801.395.0556.

Q. Should I sign any documents which I may receive that have to do with the wreck?

A. No. Unless you are told to do so by your attorney. You may be signing a general release which will prevent you from making a claim for your injuries. If the police ask you to sign something, you may need to sign it, however, if there is any question you should exercise your right to speak to a lawyer about it. Your insurance company may also send papers to you, such as for making a claim for no-fault insurance coverage, again, it is always best to check with your attorney before signing any papers. Don't tell your insurance company that you are refusing to sign, but, let them know that you want to check with your lawyer before signing.

Q. If the other person's insurance company representative contacts me should I give them a statement?

A. Again, no. The representative of the insurance company, the adjuster,works for the insurance company of the person that caused your injuries. The adjuster's loyalty is to the insurance company, not to you. The adjuster will do everything possible to save the insurance company as much money as possible. This is usually accomplished if the adjuster can get you to give a statement which is not in your favor and can get you to sign a release early in the case. Even if you do not sign a release the adjuster may be able to subtly ask suggestive questions and persuade you to make ill-advised statements that will later seriously damage your claim. It costs you nothing to consult with us. Remember that an ounce of protection is worth a pound of cure.

Q. My vehicle is damaged as a result of the wreck, what am I going to do about transportation?

A. The purpose of tort law (injury to persons and property law) is to return the victim (you) to the position that the victim would have been in had there not been an injury.

So if your car is wrecked and need transportation while your car is being repaired, you have the right for the other person to provide you with comparable vehicle as the one you are being deprived of. Obviously, this is the other person's adjuster's job. By comparable is meant one of same size and class as your vehicle. So that if you drive a truck, an economy car is not comparable. We can help you with getting the other person's insurance company to provide you with a comparable vehicle to use while your vehicle is being repaired.

Q. I was injured in an auto accident and can't come to your office, will you come to my house to talk to me?

A. Yes, we make house calls or hospital calls where it is not possible for our clients to come see us. Call us at 801.395.0556 or toll-free at 888.923.8411 and we'll be glad to make such arrangements.

Q. How much is my case worth?

A. Every case is at least slightly different. In personal injury cases, you are entitled to compensation for such things as pain and suffering (past and future); lost wages and ability to earn income (past and future); medical expenses (past and future); disfigurement; disability and loss of enjoyment of life (past and future). In order to evaluate your claim, we will need to know details about your injury. Go to the Questionnaire Page and answer the questions as best you can before you press submit.


DISCLAIMER
Although we strive to provide the most accurate information possible in these web pages, every case is different so the information may not apply to your particular set of facts. This site is merely a resource for further inquiry. NO LEGAL SERVICES ARE BEING PROVIDED. Your inquiry and any response we may provide does not create an attorney-client relationship.

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