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This is a FREE Insurance Claim Guide

Your Motor Vehicle can be a truck, car, motorcycle - - you name it! If its powered by a motor and has one, two, three, four (or even more) wheels this Guide is for you.

The information below is a bare-bones Guide for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.

AFTER IMPACT CHECKLIST

We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A Guide to refer to so youll be certain, should an accident take place, that youve covered everything.

Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:

IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other drivers face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: Its most important to take pictures of: Skid or gouge marks on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.

INSIGHTS INTO HANDLING YOUR CLAIM (There Are Six Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate

You Should Go Into Detail Regarding These (Below Listed) Six Areas:

(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your Pain and Suffering) regarding any financial loss flowing directly from the injury you may have sustained.

MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, Medical Specialist and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your Total Disability and/or your Partial Disability. These are of enormous value because they justify the often HUGE, extra payment made for your Pain and Suffering . (Plus this information will also prove your claim for Lost Wages).

NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.

(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. Youre often entitled to compensation for Lost Time and Earnings even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesnt matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.

All of these constitute an element of your SPECIAL DAMAGES mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as Lost Time And Earnings but as Lost Earning Capacity. In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated areas of your loss) are found in CHAPTER FOUR Damages within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(3) PROPERTY DAMAGE LOSSES: AGREED COST TO REPAIR: This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If youre not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, If its not excluded, its covered. Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A Total Loss is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and Official Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: Youre entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.

The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each Injury Evaluation Factor should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.

PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR TOTAL DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR PARTIAL DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both Partial and Total Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).

(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of whos at fault! (You must read your policy carefully because the Who, Why and/or How of this often differs).

A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!

(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjusters head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of Good Faith vs. Bad Faith.

All the information necessary for you to deal with and handle the above issues are spelled out within the contents of AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book also contains BASE (The Baldyga Auto Accident Settlement Formula). THE BASE FORMULA will tell you exactly how many dollars the "Pain and Suffering" you endured are worth.

DISCLAIMER: The only purpose of this article is to help people understand the motor vehicle accident claim process. Dan Baldyga, does not offer a guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBLY to obtain such services.

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved.

About The Author

For over 30 years Dan Baldyga was a Claims Adjuster, Supervisor, Manager and Trial Assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claim so they will not be taken advantage of. dbpaw@comcast.net

1. An experienced traveler, you purchase a train ticket from Fairbanks, Alaska to Anchorage. In terms of taking trains and purchasing tickets, you have both "been there" and "done that." As you board the train for the multi hour ride which includes a meal you discover that you and your travel companion are sitting on a bench made for one hunched over a narrow table and across from another traveler and her companion. Cramped quarters were not what you were expecting. About quarter way into the journey, you learn that the track diverts since repairs are underway due to a train that crashed last week. You were not told of this when you purchased the ticket. Now the journey will proceed to another stop where you will switch from train to bus for the remainder of the trip. The trip will now take an additional 8 hours. Most of us, lawyers that we are, would likely seek some remuneration for the inconvenience of not being told a significant detail about the benefit we were getting by purchasing the train ticket. (Some would ask even if they liked traveling by bus in scenic Alaska anyway!) You surely did not get what you bargained for.

2. You buy a used last year model car from a dealer. It looks good. You test drive it on the highway from one exit to another. It drives well. You have been driving for 30 years and decide to purchase the car. A week later, you take the family to Utah and get out on the highway cruising at 60 mph. After driving 40 minutes, the car loses power steering when it stalls. You maneuver to the side of the road safely but very concerned. You turn the key, start it up again, and slowly accelerate to 55 mph. After 30 minutes, the car stalls again. By now, you are concerned for your familys safety and getting your money back from the dealer and returning the car. The buyer did not get what he bargained for.

3. An attorney refers a case to you because:

a. She recognizes the area is outside her experience and wants the client to have the best representation possible, b. He is in over his head and acknowledges he needs help. c. He cannot finance an expensive trial, The attorney refers the case when:

So, as in the ticket purchaser and the car buyer not getting what they "bargained" for, so too are attorneys who accept case referrals blindly. When a lawyer asks me to evaluate a case, I always advise them if I can do it. If there is time to review the file, I ask them to deliver it to me. I request an initial meeting with the client. If I can help the client and take over the case, I enter into an initial fee agreement with the referring attorney. "Initial" because once I take over representation, details not given to me previously may start to unravel.

Once while ironing out the referral details I discovered the client had filed bankruptcy and the referring attorney had not applied as special counsel. Effectively there had been no representation of the trustee for over a year! Another time, with a trial pending, the opposing lawyer advised of the referring lawyers "verbal" stipulations to bifurcate liability and damages where the plaintiffs craniotomy photos would have been excluded from the liability portion of the case! (A decision I would never make)

The best time to refer a case that is outside an attorneys area of expertise or interest (outside of the money interest) is as close to the beginning as possible. It is best for the client. And the clients interest is primary. It is not wise to hold a case until the statute of limitations or until the trial since much evidence can be permanently tainted or lost. Witnesses are harder to find, experts may be harder to get involved, and so on. If revising the referral fee agreement will get the client the absolute best result and representation then that takes precedence. The "traditions" of old need updating as much as going to the local country doctor for heart surgery no longer cuts it.

Timothy R. Titolo is a trial attorney who exclusively represents persons with mild to severe brain injury, spinal injury and other catastrophic injury and death. He sponsored a three day seminar on brain injury in Las Vegas in 2002 and frequently presents at brain injury conferences around the country for attorneys and health providers. His web site is http://www.titololawoffice.com Timothy R. TITOLO LAW OFFICE

10100 West Charleston Las Vegas, Nevada 89135 Phone 702.869.5100 Fax 702.869.5111

http://www.titololawoffice.com

info@titololawoffice.com Timothy R. Titolo is Las Vegas and Nevadas experienced trial attorney. Mr. Titolo handles all types of personal injury cases, including catastrophic and serious injuries and wrongful death. He has particular expertise in traumatic brain injury (TBI), spinal cord injury and nerve damage cases.

Titolo Law Office has earned a reputation for achieving significant results. Through his successes, as well as by writing articles and giving presentations to attorneys and medical professionals around the country, Mr. Titolo has garnered the respect of colleagues.

There are probably over 10 pages and in some bigger cities maybe over 20 pages of personal injury attorney listings in any given phone book. So, how do you pick the right one for your case?

Personal injury cases are a serious matter. They sometime involve big compensations. Victims of a personal injury will depend on their personal injury lawyer's ability to recover financial damages that will be needed to cover medical treatments, replace lost income, and hopefully compensate for the pain and suffering had the person been involved in a very serious injury including permanent disability and even death.

Remember, the insurance companies don't want to see you happy. They don't care for you. They are more concerned with paying a dividend to their shareholders than your well being. The insurance company lawyers will seek to pay you the least amount possible. Therefore, choosing a good personal injury lawyer with a good track record of successful negotiations is essential to getting the most out of your case.

Personal injury cases can include car accidents, product defects, physical injury at workplace, medical malpractice, to name just a few. In order to be certain that your personal injury case has validity in the eyes of the law, contact a legal professional in your town.

Here are a few tips to help you find a good personal injury lawyer.

Experience - Of course, a personal injury lawyer with a great deal of experience, and not just years of practice, but a track record of a favorable amount of successful negotiations is a major benefit to your case. Most personal injury claims are settled out of court. But a personal injury lawyer with a good amount of settlements may win your case by threatening to take the case to trial. The defendants are often willing to pay out more money to the plaintiffs in order to avoid negative publicity, expensive trials, and even the possibility that the court may award the plaintiffs more money. If your personal injury lawyer has never won cases in court, the defendant in your lawsuit may not take the threat seriously.

Get a personal injury lawyer that will take your case on a contingency fee basis - This is a fee that is charged at the end of the case and only if your case is successful. This means that your lawyer doesn't get paid unless you get paid. Lawyers who primarily represent people in accidents usually charge a contingency fee. Your personal injury lawyer will take the fee out of the money you receive for your injuries. You can expect your lawyer to take somewhere around 30% of your final settlement. Thus, it is essential for you to clearly understand the payment structure before you sign the retainer agreement.

Face-to-face meeting with your prospective lawyer - Your personal injury lawyer is going to be your closest advisor. You must feel comfortable talking to him or her and feel that you can trust them. If you don't like that particular lawyer for some reason and don't feel comfortable talking to him or her, you need to keep looking.

Martindale-Hubbell rating - With a history spanning more than 133 years, the Martindale-Hubbell Legal Network has a database of over a million lawyers and law firms in 160 countries. This service evaluates lawyers based on peer reviews. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.

And last but not least - never, never, ever give a recorded statement or talk on the phone (since the phone conversation could be recorded) to a representative of the defendant or the insurance company until you consult with your personal injury lawyer first. If asked for such, you could simply say: "I'm not prepared to provide any statements at this time." A recorded statement of yours could and will be used as evidence against you in the settlement negotiations and in the trial if you have overlooked any facts or you have missed some details while giving the statement.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

About the author: This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/personal-injury-attorney.html if you need to find personal injury lawyer or if you need more information to help you with your attorney.