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Do You Have To Fight The Insurance After An Accident
We pay insurance premiums in order to have a safeguard if we are ever involved in a car accident. But, how many times do we hear of insurance companies trying to get away with not releasing benefits?
If you are involved in an Texas truck accident, it is important to know what benefits you are entitled to. It is important to have an experienced Atlanta injury attorney advocating for you against the big insurance conglomerates. Our attorneys understand what it needs to get you the benefits you have paid for.
Vann v. Mercury is a recent truck accident case out of New Jersey. The case arose where the plaintiff, Richard Vann (plaintiff), was driving a truck for a company named Vann Trucking which was owned and operated by his father. Plaintiff was on his way to pick up a trailer to hitch to the truck. While the plaintiff was parked on a service road near Philadelphia, a train struck the truck. The plaintiff suffered injuries to his lower back, shoulders, neck and head.
At the time of this accident, plaintiff had an insurance policy with Mercury Indemnity Company (defendant) for his two personal vehicles. As part of plaintiff’s insurance policy with the defendant, he had coverage in the form of personal injury protection (PIP) and med-pay benefits. As the defendant points out, there were exclusions to the benefit payout.
Vann Trucking had a commercial insurance policy with National Independent Truckers Insurance Company (National). This commercial policy was for the truck being driven by the plaintiff. The problem arose because the commercial policy did not provide PIP or med-pay benefits.
In an attempt to seek additional benefits for medical care, plaintiff entered a claim with his personal insurer for med-pay benefits. This claim was rejected and the defendant cited that the “regular use” exclusion in the policy was applicable to the claim.
Most regular use clauses stipulate that the insurance company will pay medical expense benefits to an insured who suffers a bodily injury caused by an accident arising from the use, maintenance or ownership of an insured’s automobile. Additionally, the policy in this case adds that they will provide coverage for medical benefits for the insured where the insured is using a vehicle not owned by him, and not normally used by the insured. Essentially, if the insured regularly uses the vehicle not owned or insured by him, and is involved in an accident, the med-pay coverage benefits are excluded and the insured cannot collect.
Basically, insurance companies want to protect themselves from having to pay out benefits to the insured where the insured is regularly using a vehicle that is not under the policy. The purpose of this is to encourage people to insure each vehicle they have regular access to. Under this policy with the exclusion provision, the insurance company will only extend benefits where the insured is injured in a vehicle on the policy or where the accident occurred in a vehicle that the insured is infrequently driving.
The court agreed with the insurance company because case precedent on this issue has found that exclusionary clauses like the one at issue here, apply to cases where the insured is using another vehicle for work.
Thus the plaintiff in this case could not collect med-pay benefits. Summary judgment was entered on behalf of the insurance company.
Car Accident Lawyers are in the Know
Auto accident attorneys in Texas know there’s something special about car accidents. Article 51 of the Insurance Law says car crash victims have to show they have a serious injury before they can get any money for pain and suffering. What does this all mean?
It means very little when it comes to medical bills, lost wages, and some other relatively minor items. New York No-Fault law guarantees that the injured person will be compensated in these areas. The insurance company for the car you were in should pay for your medical expenses and lost wages. In nearly all cases you will not need a lawyer. While we are starting to see insurance companies unreasonably refuse to pay in some instances, this is still rare. Also, for most of these denials, the amount of money involved is not enough to justify the legal expense. We advise our clients when it comes to any No-Fault denials, and in cases where the problem is substantial, we do represent them. Usually we fight the denial in an arbitration.
The auto accident serious injury threshold is a compromise, in theory at least. Since routine expenses were covered by the personal injury protection line of insurance under No-Fault, liability expenses were supposed to be reduced on the bodily injury liability line. There could be a vigorous debate about whether this compromise was wise or fair, but someone else can write that article.
The standard for what is a serious injury is fairly complicated. There are several categories of serious injury. The most common that we see involve fractures, other injuries that cause a significant limitation, or a substantial amount of time out of work.
You would think the fracture category would be pretty straightforward. In most auto accident cases it is. But there are a few kinds of fractures where it’s not so clear. Court decisions suggest that a fracture of a bone meets the criteria. Fractured cartilage normally will not qualify, and the same is true of a fractured organ. We had one case with a “liver fracture.” Sounds odd, but that’s what the doctors called it. The case settled so we never tested that in Court. The other issue is when is a fracture a fracture? A hairline fracture counts, but a “greenstick” fracture does not.
The significant limitation category has led to hundreds of cases discussing when a limitation is significant, and what the injured person has to prove to show it. The defendant’s attorney will often move for summary judgment to dismiss the case. After having the injured person looked at by their own doctor in an independent medical examination (also known as an IME, and many of us dispute the use of the word “independent”), the defense attorney submits the expert’s report which generally indicates the injured person is fully recovered. Then the plaintiff’s auto accident attorney responds, usually with a report from the treating physician, describing the details of the injury and why it is, or was, significant. If the plaintiff’s response is insufficient, the case often gets dismissed. To avoid this, the evidence must show that the injury was more than mild, minor or slight, and that this is connected to objective findings (like an abnormality on an X-ray or MRI, or in many cases a finding of spasm.
The category about being out of work is known among attorneys as the 90/180 category. This refers to the law which requires that the person be impaired from substantially all of their daily activities for 90 or more days out of the 180 days following the accident. Most of the time this means three months out of work in the six months after the accident happened. Responding to a motion, the plaintiff attorney must show, through medical evidence, that the person had to stay out of work for the three months, and that this was connected to objective medical findings.
For both of the latter two categories, we often win the motion by pointing out a key flaw in the IME. In most cases the IME doctor does not discuss much about the past problems and treatment. We argue that this means the defense did not meet their burden on their motion. They didn’t show the Court that the limitation was not significant, or that the time out-of-work was inappropriate, because the IME doctor doesn’t discuss those issues. In our experience, most judges understand this and keep the case alive.
There are other categories and a number of other complex issues that can come up in car accident cases involving the serious injury threshold, but that’s a good start.
Get a competent Internet Marketing Agency
Let’s face it; when you run your business on the internet, an integral part of drawing in potential clients or buyers has to do with those who stumble onto your site through good old-fashioned search engines. That is why it is so important to decide which are the best keywords that define what you are trying to accomplish as an entrepreneur as well as which words most searchers would be likely to try first; optimizing your website for premium online traffic is an important step on the road to success. After all, if you can get a significant number of people to visit your site looking for what you have to offer, then the battle to survive is halfway over. Find more information for San Antonio Seo here
The use of the best keywords is probably one of the most crucial decisions you will make with regard to your website. If you happen to emphasize the wrong aspects, for instance, you may draw in a number of people who are looking for something different while completely alienating your target market. Do not assume that you are aware of which words best fit your service on your own because the truth remains that you are too close to the subject; by asking someone you know to describe what you do with more normal words, it is possible to find more suitable keywords that will draw in a larger customer base.
When it comes to the best keywords, it is necessary to find that careful mix of specificity and generalizes that denotes exactly which problems you intend to solve for your clients. Keep it simple, but do not go out of your way to make it too general or else a large number of sites will appear, and yours will be lost in the abyss. Balance is key. Also steer clear of becoming known for keywords that do not have anything to do with your site. While it may be tempting to list the most popular keywords to link to what you have to offer, people who search for gardening and come across fishing will most likely be more frustrated than intrigued.
If you are stuck on which keywords to use, first make sure to compile a list of all the possibilities and review it carefully for what you think best describes the service you have to offer. Ask any friends or family members for their opinions because those who know little about a certain subject usually have a fresh way of looking at things that those who are directly involved lack. Use some the free or paid keyword tools such as: Google Keyword Tool, Wordtracker, SEO Elite, Keyword Elite etc. It is also not unheard of to scope out the best keywords of the competition and then to elaborate upon them for your own site.
Whichever method you use to locate your best keywords, make sure that they are entirely suitable for what you are trying to accomplish with your company. After all, your product or service will sell itself with the right marketing and sales pitch—if you can only manage to get potential customers to review your web site in the first place! SEO San Antonio help look at our services here:
Should You Hydro Jet Or Not?
All the debris which has built up in the drain during a period of time, a few occasions almost a year and perhaps after many years of use can be taken off using a hydro Jet.
In the sewer line and also drains such as the kitchen sink drain, dirt build up during a period of period . This builds up being a sludge that stays in the deplete unless of course removed. The local plumber has cleaned your sewer line collection and empties as well as your drain employing a cable television equipment but simply right after several days or perhaps weeks the identical problem has been experienced. These kinds of problems can not be fixed just by using an electric cable tv device. Oftentimes the cause of the particular drain difficulty will not be taken out, therefore over time the actual build up procedure continues to generate exactly the same problem.More information here
A condominium usually has the same difficulty as a house, however due to the additional amount more particles can easily build-up, and also fat may also greatly influence the actual sewer line line and usually may cause floods within the storage.
Who Really Benefits From Hydro Jetting? A normal house which has sewer line clogs may advantage simply because not only really does the Hydro Jet get rid of particles additionally , it eliminates sapling origins that have developed to the sewer collection, the actual tree origins are usually totally eliminated following the support.
Hydro Jet pipe cleansing is the only answer when it comes to oil blockages . The hydro Jet pipe washing device can be a pickup truck or even trailer installed unit which is powered by a gas power-plant. The device pressurizes h2o to be able to around 4000 psi via a hose using a special nozzle attached which cleans the inside from the strain pipe taking out the develop regarding grease and also debris who have produced inside the strain water pipe. If the washing misting nozzle will be put to the deplete that slowly and gradually reduces and also combines the particular fat in order that it can without danger drain into the sewer line program .
Hydro Jet drain cleaning is especially efficient within dining places. Grease may develop very quickly within restaurants, in certain restaurants as fast as 3 months, the sewer line may become influenced along with oil resulting in the club area in order to flood and the floor drains within the bathrooms to in excess of flow along with sewer drinking water.
Hydro Jet pipe washing is easily the most effective type of deplete cleansing when done correctly. When the program may be completed the empties could be the most clean they may be .
In a San Antonio restaurant hydroJet drain maintaining if completed correctly can be the best option to completely clean the sewer drain line. See us for San Antonio Drain Cleaning advice.