In states that have no-fault accident laws, such as New Jersey and Pennsylvania, part of your vehicle insurance coverage called Personal Injury Protection (PIP) gives coverage for medical costs that are a result of an automobile accident, no matter who is to blame for the accident. What happens if you are hurt while you are driving another person’s car? Does their policy cover you, or is it yours, or none at all? There is a certain order of what policy covers medical care, starting with you.
If you get hurt while you are driving someone else’s vehicle, your vehicle insurance policy is the party liable for covering the bills from your medical care. For this reason, it is very important to purchase plenty of PIP coverage to protect yourself. No matter how much coverage the owner of the vehicle has, what matters is how much coverage you have.
Think about if you do not have any car insurance. If you do not own your own car and for this reason, do not have any car insurance of your own, any relevant household vehicle insurance policy is the next one that is supposed to take care of your medical bills. This policy has to belong to a “resident relative” a family member that dwells in the same residence as you.
Lastly, if no one else owns an auto insurance policy, or the people that live with you are not members of your family, payment responsibility falls to the auto insurance policy covering the car you were driving when the accident happened. The vehicle owner’s policy will provide your medical benefits in this type of situation, and your coverage will be dependent on their PIP coverage limits. It could be that you still may not be covered under any insurance policy.
When you get hurt while driving another person’s car and do not own a personal or household insurance policy then you should first of all call an injury law firm, and then realize that your coverage options is out of your hands. If the person who let you borrow the vehicle did not keep auto insurance coverage on that vehicle, you may be without coverage. You are not to blame, but it does become your problem.
In this not typical but possible case, you might be able to get benefits from a state-based fund such as the New Jersey Property-Liability Insurance Guaranty Association. Agencies like this assist policyholders whose insurance companies have become bankrupt, or have gone out of business, as well as accident victims like you who find themselves without coverage because of a situation that is not their fault.
This article tells you what options you have if you are hurt while driving another persons car and where to look if you are injured and have no help with medical bills. I hope this has given you the assistance you need if you are ever in a situation like this.
If you’ve been in a malpractice incident then please visit Edmonton Personal Injury Lawyer here: http://edmontonpersonalinjury.lawyer/medical-malpractice/Continue Reading...
The evaluation of an accident or injury case: A close-up look at the varying types of compensation that are available in personal injury lawsuits written by a great calgary personal injury lawyer.
If you are thinking about filing a personal injury lawsuit for a car accident, a slip and fall, or any other type of injury. You may be asking yourself the question of “What is your case worth?” This answer will only be about one thing and that is damages. Damages is the amount it will cost you financially, physically, and mentally. Also, in some cases, it can also includes determining whether or not a defendant’s conduct should be rightfully punished or not. When there is a personal injury cases, these money damages are something that is paid out to a plaintiff, who is the injured party. The defendant is the person or company who is found to be responsible in a legal way for the accident suffered by the plaintiff or injured party. It will either be the defendant or their insurance company who will pay the injured person who suffered the accident. The amount of money that will be agreed upon is called a damage award. This damage award is something that must be agreed upon amicably after a settlement has been arrived at by all parties. Among these parties is the plaintiff, the defendant, their insurance companies and their attorneys for example. It may also be something that is ordered by a judge right after a court trial has taken place. (If you want to learn more about just how insurance companies do value claims after an accident.
In this article, you will find an explanation for different kinds of damages, which are common amid numerous personal injury cases and how these damage awards can be affected due to a plaintiff’s action or in action in a calgary personal injury lawsuit.
Damages That Are Compensatory for Personal Injury Cases
A good many of the personal injury damages are called “compensatory,” this is because they are meant to compensate any injured plaintiff or person, and for what he or she has lost as the result of an accident or injury. Compensatory damages is an award that is supposed to help make an injury plaintiff be whole again from a financial standpoint (for an extent that is possible). What this does translate to is obvious. It means trying to put a dollar amount on all the consequences that are in connection with an accident. There are some compensatory damages that are very easy to make up for — such as reimbursement for any property damage and medical bills. However, it is far harder, to put a monetary value on any pain and suffering, or if a person is unable to enjoy hobbies due to physical limitations that are caused by accident-related injuries that are lingering and cannot go away.
Some of the different types of compensatory damages that are often a part of many personal injury cases are as follows. They are:
- Medical treatment for injuries – A compensatory damages award does almost always include the sum for all medical care that is connected to an accident. This reimbursement for treatment that one has already received and does include compensation for an estimated total for medical care that will be needed in the future due to an accident.
- Lost Income and Wages – A plaintiff in a personal injury case should be compensated for the accident’s impact on their salary and wages. This isn’t just for any income that is already lost but for any monies that you should have been able to work for in the future, had it not been for the accident, which wasn’t your fault. This damage award based on future income is represented by compensation for an accident victim’s “loss of earning capacity.”
- Any Property loss – If your vehicle, clothing, or any other possessions were damaged from the accident, you will more than likely be entitled to get reimbursement for either repairs or compensation for the fair market value of any property that was lost to you.
- Any Pain and suffering – Another thing that an injured person is entitled compensation for is any pain and serious discomfort that they have suffered because of any accident or injury. This includes for its immediate aftermath and for any pain that is ongoing and was a result of the accident. Do learn more : What is Pain and Suffering?”
- Any Emotional distress – What is something else that an injured person is entitled for as compensation for accident is no other than emotional distress. Emotional distress is often tied to much more serious accidents. These emotional distress damages are a monetary award for any psychological impact because of an injury. This includes fear, anxiety, and also sleep loss. There are some states that do consider emotional distress as being a real valid part of “pain and suffering” damage that can be awarded to a personal injury plaintiff.
These are just a few examples of the many existing forms of compensatory damages that do make up the group of personal injury damage awards that are a valid part of personal injury cases in Calgary.
Find out more at:
Personal Injury Lawyer Calgary Inc
421 7 Avenue Southwest #4900
Calgary, AB T2P 4K9
Careful attention to protecting evidence in a personal injury claim in conjunction with locating effective witnesses can greatly assist you in proving your case to an insurance company.
The days proceeding an accident can be critical in locating and retaining vital evidence of the incident that led to your injuries. It’s imperative that you make a concerted effort to document the situation in a timely fashion to ensure the strongest personal injury claim case.
Reevaluate the Scene of the Incident
If an incident took place at a location that was not at your home, visit the scene where it happened when you are afforded the ability. Photograph evidence and conditions that led to the incident. Sometimes hindsight allows for better evaluation of an event. This might also give you a chance to locate witnesses.
Preserve Physical Evidence
Deciding who is at fault sometimes involves “physical” evidence, which can be defined as something tangible that you can see or touch such as a rotted piece of a staircase on which you stumbled or an indentation in a vehicle that exhibits where it was struck in an accident. Another example is a tree that blocked your vision when a bike rider was traveling in front of it.
Further, physical evidence can help prove the extent of a sustained personal injury. Damage to the car can demonstrate the strength of the impact in the collision. Another example of physical evidence is ripped clothing or attire that has blood on it. This can help document the extent of your physical injuries in a dramatic fashion. Don’t alter physical evidence. Try to leave it just as it was after the occurrence of the incident. If you are unable to do this, take a picture of any objects in question. This physical or photographic evident can later serve as proof to show an insurance company as proof of what happened.
Quality Evidence Photographs
1. It’s a beneficial idea to take pictures of the location where your accident occurred from a variety of angles to lend perspective to what caused or helped cause the accident, in particular, what you saw preceding the accident. This will help organize your memories so you can at a later date accurately depict a recount to the insurance company to ensure getting the settlement to which you are entitled.
2. Make your best effort to take photographic evidence pictures in the incident location at the same time of day your accident happened. When involved in a vehicular accident, taking photographs on the same day of the week is important to document traffic patterns on that particular day in general.
3. Take pictures from a variety of angles. Choose from these photographs which prints you want to show to the insurance company that most accurately highlights aspects of the accident you want to present as evidence to the insurance company.
3. Take the photos as soon as possible to most accurately depict conditions present when the accident in question took place. Immediately after the incident is best if you are afforded the ability.
4. To prove when the photos were taken, ask someone else to watch you take photographs and to write a short statement affirming that they witnessed you taking these pictures on a specific date. If you have a feature on your camera, phone, or mobile device that allows you to date the pictures, do so. If you are taking pictures with a camera that requires film to be developed, be sure the developer labels the prints with a date if the ability exists or keep your receipt for the photographs, which will likely be dated.
A witness to an incident causing personal injury is immensely beneficial to you when proving a claim with an insurance company. These observers can likely depict events that uphold what you believe occurred. They serve to attest your account and their own supporting account of the accident. They might also recall events of which you were unaware as further evidence that you were not at fault. Witnesses can include emergency personnel or those who assisted you after the incident and can recount the pain you experienced as perceived by them. Alternately, a witness can confirm statements made by another person involved in the accident confirming the other party was at fault. Its vital to contact a witness in a timely fashion. If this person is not quickly contacted and their information vital to the case isn’t confirmed soon after the incident, they might forget details and their testimony may no longer be of use to you. You also want to make sure you can find them.
Formally Document Injuries
The optimal method of retaining injury evidence is rapidly reporting injuries to a healthcare professional by consulting them. Take photographs of marks, cuts, bruises, or swelling you sustained. If you require a cast, splint, or other medical materials to be applied, take photographs of this evidence.
Seek medical attention or photograph injuries as soon as possible as not doing so may cause complications in proving to an insurance company that you sustained injuries and sustained them to the degree and in the manner you claim. Visible injuries will heal at a later date so be sure to quickly photograph them while they still look bad. Further, failing to consult a healthcare professional about injuries can support the notion to an insurance company that your injuries were not serious or that you are not being entirely truthful about the extent of them or having incurred injuries at all.Continue Reading...