With the recent injury and death of Natasha Richardson from an injury to her brain after striking her head in a ski accident it behooves all of us to learn the symptoms of closed head injury so that we may be alert to their presence in a friend or loved one after an accident.

Brain injury can occur from a minor impact to the skull.  It can also happen without impact to the skull.

This latter is known as a contrecoup concussion.  Rapid movement of the head forward and backward can cause the brain to move forcibly against the front of the skull causing injury to the delicate organ.

SYMPTOMS

Some of the common symptoms of a brain injury are as follows:

1.  Vomiting–if you observe someone throwing up after an accident get them to a doctor right away.

2.  Unconsciousness–a reduced state of consciousness is often caused by a head injury.  Doctors have developed the Glasgow coma scale to gauge the severity of loss of consciousness:

“The system involves three responses: eye opening, verbal response and muscle response.  These responses are graded in range from mild to severe loss of consciousness.  For example, the five grades of verbal response range from correctly answering the questions ‘Who are you? Where are you? What day and month is it?’ (Mild) to not responding at all…. (Severe)” From the Mosby Medical Encyclopedia.

Other symptoms of a brain injury include:

3.  Headaches
4.  Fatigue
5.  Dizziness
6.  Blurred vision
7.  Trouble concentrating
8.  Bothered by noise
9.  Bothered by noise
10.  Irritability, lack of patience
11.  Loss of temper easily
12.  Memory difficulty
13.  Anxiety
14.  Insomnia

There is a way to use these last 12 to ascertain the presence of brain trauma.  First check those that apply after an accident.  Next, answer honestly whether any were present before the accident.  For example, I sometimes get irritable when I’m hungry.  Is that evidence of head injury?  Obviously not.

Once you have determined that a symptom is present after an accident but also before the accident ask yourself “is it the same?  or is it worse?”  Worsening of a pre-existing symptom may be evidence of a head injury.

You then total up the number of symptoms that were not present before the accident or, if present, were worse following.  The greater the number of symptoms, the greater the likelihood of a head injury.

Discuss the results with your primary doctor and, if he deems it appropriate, get a referral to a neuropsychologist who can interview you and, as necessary perform a battery of tests to objectify the injury and its effects on your cognitive functioning.

Note: Credit for the development of this list goes to Sureyya Dikmen, PH.D. and the work he performed for his research project: “Behavioral Outcome in Head Injury.”

Conclusion

Brain injury is a common result from many types of accident.  It can vary widely in manifestations.  Car accidents with their “whiplash” type influence on passengers can produce a contrecoup concussion where there is no visible damage to the skull.  Brain injuries can have devastating impact on the lives of their victims.  If you have any of the telltale signs of a brain injury be sure to get checked out by a physician with skill and experience in dealing with these symptoms.

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In horse-and-buggy days flighty stallions sometimes bolted and raced out-of-control down crowded streets.

But, horses had “horse sense” and rarely drove head on into the next wagon.

Without horses to guide us all the foibles of humanity come into play.

Are car accidents necessary? Probably not. But since they are a fact of life in modern America and since “forewarned is forearmed” here are some tips to help you cut your losses if you are involved in one.

STOP

Even if you just feel a bump on your car or think you might have hit someone or something, you should stop. Failing to stop could get you in a whole lot of trouble.

CALL THE POLICE AND REPORT THE ACCIDENT

If there has been an injury or the possibility of injury you should call the police.

if the other driver asks you not to involve the police, you should definitely call the police. From experience I can tell you that these people often don’t have insurance and try to weasel out of paying you later on.

In twenty five years I have only twice seen at-fault drivers make good on their promise to pay for damage after an accident. One of those cases involved me when I tapped another car on an icy road and was asked to replace the car seat. Buying a new car seat was cheap for me as it avoided an increase in my rates.

If your car is in an accident and the person driving was rendered physically incapable of making an accident report, then you, as the owner of the vehicle, should make sure the accident is reported to the police.

If another driver causes an accident but does not stop do your best to get the license number. If there are witnesses get their names, addresses and phone numbers. Then call the police. Keep the witnesses at the scene till the police arrive.

If you are injured in a no-contact accident caused by a driver who flees the scene you can be compensated by your uninsured motorist coverage.  However, your carrier will require “independent proof” that another driver caused the accident.

EXCHANGE INFORMATION

Drivers must exchange names, addresses phone numbers and insurance information.

GATHER INFORMATION

Make a diagram of the accident, showing the positions of the cars before, during, and after impact.

Measure skid marks (if possible), or make sure the police do it, note the positions of traffic lights and street signs, estimate the respective driving speeds (for your own records), and record details about the weather and road conditions.

If possible, have photographs taken of the accident scene and of any damage or injury to persons or vehicles.

Pictures of serious damage to your car or other cars can help you if you later pursue a claim for injuries.

On the other hand, minor damage to your car or another car can help you if someone files a claim against you.

I once tried a case where the insurance defense attorney obtained a photograph of the minor damage to my client’s car and had it blown up to to an exhibit measuring four feet by four feet.

This was impressive to the jury who felt that minor damage to car meant minor damage to the occupant and so they awarded a smaller than normal amount of money on the case.

DON’T ADMIT FAULT

You should cooperate with police officers investigating the case. Answer the police officers questions factually. Don’t guess or estimate. Do not volunteer information or comment on the accident to the police witnesses, or other drivers. Do not admit any fault for the accident.

Do not sign any pieces of paper. In some states you may be asked to sign traffic tickets–but this in itself is not an admission of guilt or wrongdoing.

You must take an alcohol test if requested, or risk losing your license.

SEE A DOCTOR

As soon after the accident as possible, it would be a good idea to be checked out by a doctor. Even if there are no initial signs of pain, there might have been damage done to the neck or spine.

Sometimes people get injured in car accidents but because those injuries don’t show up immediately, they don’t seek medical treatment promptly.

If a short time after your auto accident, you or one of your passengers develop pain in the neck or back or you feel you’re suffering from a mental or emotional disability caused by injuries to the head, see a doctor.

If you have a head injury, you may need to see a neurologist. Head injuries can occur even though you don’t hit your head. This is what happened to Natasha Richardson who died from head injuries in a skiing accident. This is known as a “contrecoup” concussion.

At the very least consult a chiropractor with respect to back and neck injuries.

DEALING WITH INSURANCE COMPANIES AND CLAIMS ADJUSTERS

After the accident contact your insurance company to inform them of the accident.

If the other driver was at fault report the accident to his insurance company.

His company should provide you with a rental car, if needed, and pay to have your car fixed.

If your car is totaled the his insurance company should pay to fix it. Kelley Blue Book and NADA both have web sites where you can get information about the value of your car.

You will likely be contacted by a claims adjustor from your own or another parties’ insurance company.

Be careful about what you say.

If you feel you have no injuries at the time and tell that to the adjustor, and later on it develops that you had injuries that you were unaware of, (this is very common in whiplash cases,) the adjustor is sure to bring it up, in an effort to keep the settlement as low as possible.

CALL A LAWYER

You may want to talk to an attorney at this time to clarify your rights and discuss questions of liability for the accident.

WHAT TO DO IF YOU ARE SUED

If you are served with a complaint and summons and you have insurance just take the complaint and summons to your insurance agent. This would be the agent for the insurance you had at the time of the accident. Auto insurance covers you based on coverage on the date of the accident. If you changed insurance since the accident your prior insurance still has a duty to defend you.

If you were not covered by insurance you should consult a lawyer who specializes in insurance defense. It will be worth paying his hourly fee to have him protect your interests.

You might be able to get the case dismissed by proving you were uninsured at the time of the accident. The injured person can then make a claim under his uninsured motorist coverage.

His uninsured motorist insurance carrier may go after you for “subrogation”. If that happens, your insurance defense lawyer can be a big help negotiating the best possible settlement of the claim.

This may be a time to consider filing bankruptcy so a consultation with an experienced bankruptcy lawyer to discuss Chapter 7 and Chapter 13 should be scheduled.

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After 25 years of working as an injury attorney on thousands of cases ranging in value from ten thousand dollars to millions of dollars there are three key principles that stand out when it comes to getting maximum dollar value from a case. They are:

1) IDENTIFY ALL INJURIES;
2. MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED;
3. MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

STEP ONE: IDENTIFY ALL INJURIES

“What?”, you say, “Isn’t that the doctor’s job?”

Maybe.

But is it the doctor’s job to make sure you get maximum recovery on your case?

In this day of specialization doctors are increasingly aware of their own area of specialization and less aware of injuries outside their area. It’s sort of like the “forest for the trees” metaphor.

An orthopedic surgeon, for example, can certainly spot a bone break. But is it realistic for him to also know symptoms of TMJ (temporomandibular joint disorder)

TMJ

Temporomandibular joint disorder is an abnormal condition with facial pain and poor function of the lower jaw. It is caused by a defective or dislocated TMJ joint (i.e. jaw joint).

One common sign of “TMJ” is clicking of the joint when the jaws move. [Mosby Medical Encyclopedia, Revised Edition.]

I represented a Chinese man who came to the United States to attend college. While cruising the freeway in his Volkswagen bus one night, he was struck from behind by a semi-truck.

His injuries were numerous and various.

One day, after he had seen many doctors, he was visiting with me, discussing his case. My attention was drawn to an audible “pop” sound which coincided with the opening of his mouth.

TMJ? You better believe it. One of the worst cases I had ever seen (or heard). I brought it to the attention of one of his doctors so a referral could be made to a TMJ specialist.

HEAD INJURY

Another common malady in accident cases (especially after auto accidents) is a “closed head injury”, which is trauma (injury) to the brain without skull fracture.

One type of closed head injury is a “concussion” which is a violent jarring or shaking injury to the brain. [Mosby Medical Encyclopedia, Revised Edition.]

Closed head injuries are quite common in car accidents and can occur even though the injured person did not strike their head. There is a type of head injury known as contre-coup concussion that is described in the following paragraph:

“A rapid acceleration and deceleration of the head can
force the brain to move back and forth across the inside
of the skull. The stress from the rapid movements pulls
apart nerve fibers and causes damage to brain tissue.
This type of injury often occurs as a result of motor
vehicle crashes and physical violence, such as Shaken
Baby Syndrome.” Source: Brain Injury Association of
America.

How do you make sure all injuries are diagnosed?

Use a checklist.

There at least twelve (12) common symptoms of closed head injury.

Years ago I obtained a list of these from a neuropsychologist. (A “neuropsychologist” is the medical professional who specializes in the diagnosis and treatment of closed head injuries.)

I also obtained, from a TMJ specialist, a list of common TMJ symptoms.

These symptoms have been incorporated into a checklist which is included in my accident paperwork that all my new clients have been filling out for years.

I’ll be posting it on this blog so be sure to come back or sign up for RSS feed or email feed so you don’t miss it.

Another way to make sure all injuries are identified is to tell your doctor. At your first visit, certainly, but also on later visits. Be sure to tell your doctor about symptoms that are new or worse since the accident.

Sometimes your pain might be most severe in your neck right after the accident. Later, when that pain subsides your knee could be troubling you most and your knee could turn out to be the most seriously injured part of your body.

If he doesn’t listen, tell your attorney. You might feel something is minor or not important so you are reluctant to tell your doctor or attorney. The best practice is to tell your doctors and attorneys everything. Let them decide what is important.

If your doctor doesn’t listen tell your attorney. If your attorney won’t listen get another attorney. Find someone who will listen.

Attorney-client relationships are like all relationships: there is no substitute for good communication. And that requires listening, on both sides.

STEP TWO: MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED

How do you make sure each injury is properly diagnosed?

Once you’ve used the checklist and spotted a potential injury bring it to the attention of your doctors and lawyer. Your lawyer can ask your primary treating physician to make a referral to a specialist who can perform tests and formally diagnose the injury.

STEP THREE: MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

Make sure all of your injuries is appropriately treated by going to the doctor after your accident.

Stoicism was a philosophy practiced in ancient Greece. The essence was “suck it up, don’t complain, be a man”.

This philosophy may have worked in Ancient Greece but it doesn’t work in a modern injury case. Not if you want to get top value for your injuries.

If you are hurt, go to the doctor. Follow his treatment recommendations.

Insurance defense attorneys love to bring up in court that the plaintiff (injured person) did not follow the doctor’s recommendations. Juries expect you to follow your doctor’s advice.

There’s a legal principle called “mitigation of damages”. It says you must take steps to reduce the harm you suffer when someone causes you injury. If you fail to follow your doctor’s advice, you have failed to “mitigate your damages”.

There is a specific “jury instruction” that the defense attorney will ask the judge to give the jury if he thinks you haven’t been faithful to treatment recommendations.

You will get less money if you don’t get the treatment prescribed by your doctors.

Even something as small as missing an appointment can make a difference.

Doctors don’t like it when patients miss appointments. They sometimes write in large letters: “PATIENT FAILED TO SHOW“.

Juries get to see all the medical records. Imagine their reaction to just one of those comments.

So make your appointments. Do your part to get better.

If the TMJ specialist tells you to wear your brace daily for six weeks, wear the brace.

If your doctor prescribes daily exercises, do the exercises.

If surgery is recommended and the second opinion doctor agrees. Get the surgery. Your case is worth infinitely more after the surgery.

CONCLUSION

By following the advice in this article you avoid mistakes that will cost you thousands, tens of thousands, or even hundreds of thousands of dollars on your injury case.

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POLICE DEPARTMENTS & AGENCIES FOR OBTAINING TRAFFIC ACCIDENT REPORTS IN SALT LAKE CITY AND OTHER UTAH CITIES AND TOWNS

NOTE:    If it has been less than  4-6 weeks since the accident call the local police agency that responded to the call of the accident.

If it has been longer than that contact:
DEPARTMENT OF PUBLIC SAFETY
PO BOX 30560
SALT LAKE CITY, UTAH 84130
*There is a fee of $5.00

Important information to have when requesting a report:    Case Number (if known)
Date of Accident
Address of Accident
Names of People Involved

ALPINE POLICE DEPARTMENT
20 North Main
Alpine, UT 84004
Telephone:        801-756-9800

AMERICAN FORK POLICE DEPARTMENT
98 North Center
American Fork, UT 84003
Telephone:        801-763-3030
Cost:            $5.00

BOUNTIFUL POLICE DEPARTMENT
805 South Main
Bountiful, UT 84010
Records:        298-6012
Animal Control:    544-8355
Fax:            292-6411
Cost:            $5.00
DAVIS COUNTY SHERIFF
Telephone:        451-4151
Fax:            451-4167

DEPARTMENT OF PUBLIC SAFETY
Street:
4501 South 2700 West
Mailing:
P.O. Box 30560
Salt Lake City, UT 84130
Records:        965-4428 or 965-4330
Fax:            964-4536
Cost:            $5.00

DRAPER POLICE DEPARTMENT
12441 South 900 East
Draper, UT 84020
Administration:    576-6500
Animal Control:    576-6526
Fax:            576-6511

FARMINGTON HIGHWAY PATROL
P.O. Box 618
Farmington, UT 84025
Records:        447-8120
Cost:            $5.00

FARMINGTON POLICE DEPARTMENT
Telephone:         801-292-3304

FILLMORE SHERIFFS OFFICE
Telephone:         435-743-5302

JUAB COUNTY SHERIFFS OFFICE
425 West Sheepland Drive
Nephi, UT 84648
Records:        435-623-1344
Fax:            435-623-2899

KAMAS CITY POLICE DEPARTMENT
Records:        435-783-4344
Fax:            435-783-6209

LAYTON CITY POLICE DEPARTMENT
429 North Wasatch Drive
Layton, UT 84041
Records:        497-8300
Cost:            $5.00

LEHI POLICE DEPARTMENT
152 North Center Street
Lehi, UT 84043
Records:        1-801-768-7110
Fax:            1-801-768-7115
Cost:            $5.00

MIDVALE CITY POLICE DEPARTMENT
7912 South Main
Midvale, UT 84047
Records:        255-4291
Animal Control:    264-2243
Fax:            266-5908
Cost:            (Will Invoice)

MURRAY CITY POLICE DEPARTMENT
5025 South State
Murray, UT 84107
Records:        264-2673
Animal Control:    264-2671
Cost:            $5.00

NORTH SALT LAKE POLICE DEPARTMENT
20 South Highway 89
North Salt Lake City, UT 84054
Records:        298-3880
Fax:            936-7800
Cost:            $10.00

OGDEN POLICE DEPARTMENT
2186 Lincoln Avenue
Ogden, UT 84401
Records:        1-801-629-8067
Cost:            $25.00

OREM CITY POLICE DEPARTMENT
56 North State Street
Orem, UT 84057
Administration:    801-229-7062
Records:        801-229-7072
Fax:            801-229-7300
Cost:            $5.50

PROVO POLICE DEPARTMENT
P.O. Box 1849
Provo, UT 84603
Records:        1-801-852-6231
Cost:            $6.00

RIVERTON POLICE DEPARTMENT
12765 South 1400 West
Riverton, UT 84065
Records:        254-0167
Animal Control:    254-0704
Fax:            254-7254

ROY CITY POLICE DEPARTMENT
5051 South 1900 West
Roy, UT 84067
Records:        801-774-1010
Fax:            801-774-1017
Cost:            $15.00

SALT LAKE POLICE DEPARTMENT
315 East 200 South
Salt Lake City, UT 84111
Records:        799-3560
Fax:            799-3551
Cost:            $5.00
Note:    You may only be able to get driver exchange forms.  Not all accidents are investigated.

SALT LAKE COUNTY SHERIFFS’S OFFICE
3365 South 900 West
Salt Lake City, UT 84119
Records:        743-5754
Fax:            743-5395
Cost:            $5.00

SANDY CITY POLICE DEPARTMENT
10000 South Centennial Parkway
Sandy, UT 84070
Records:        568-7200
Animal Control:    561-6730
Fax:            568-7190
Cost:            $8.00

SOUTH JORDAN POLICE DEPARTMENT
11175 South Redwood Road
South Jordan, UT 84065
Records:        254-4708
Fax:            253-2210
Cost:            $10.00

SOUTH SALT LAKE POLICE DEPARTMENT
220 East Morris Avenue (2430 South)
Salt Lake City, UT 84115
Records:        483-6076
Fax:            483-6002
Cost:            $7.00
**REQUIRE AUTHORIZATION WITH REQ.**

ST. GEORGE POLICE DEPARTMENT
Records:        (435)634-5001
Fax:            (435)634-5840
Cost:            $2.00

TOOELE SHERIFF’S DEPARTMENT
475 South Main
Tooele, UT 84074

WEBER COUNTY SHERIFF’S OFFICE
721 West 12th Street
Ogden, UT 84404
Records:        1-801-778-6664
Cost:            $15.00

WEST JORDAN POLICE DEPARTMENT
8000 South 1700 West
West Jordan, UT 84088
Records:        569-5270
Animal Control:    569-5270
Fax:            562-2105
Cost:            $10.00
Photos:        $25.00

WEST VALLEY POLICE DEPARTMENT
3600 Constitution Blvd.
West Valley City, UT 84119
Records:        963-3529
Animal Control:    250-4102
Cost:            $10.00

UTAH HIGHWAY PATROL-MURRAY
5681 South 320 West
Murray, UT 84119
Records:        284-5517
Fax:            267-4275
Cost:            $5.00

UTAH HIGHWAY PATROL-OREM
763 North 1370 West
Orem, UT 84057
Records:        1-801-234-8285

UTAH HIGHWAY PATROL SECTION 16
Records:        908-5916

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Allstate Insurance has many fine qualities.  They are well funded.  They defend their insured’s against lawsuits.  (Although, because their settlement offers are quite conservative  [some might say stingy] you are more likely to get sued after an accident than insureds of some other insurance companies. )

One drawback of being insured with Allstate is their handling of uninsured and underinsured motorist claims.  If you are hit and injured by an uninsured motorist Allstate’s conservative settlement policy will be applied to you and you will have to fight to get a fair and generous settlement.

Moral:  When those “good hands” people have you in their hands you will have to fight to protect your own interests.

Here is an example of an uninsured motorist award on an Allstate case along with the email from my co-counsel.

Here’s the Arbitration award: (By the way,  in arbitration the two sides agree on a person who will hear the arguments of both sides and make a decision.  It’s a lot like going to court without all the rules and formalities.)

PAUL H. MATTHEWS
Utah Arbitration & Mediation
pmatthews@utaharbitrationandmediation.com
10 West Broadway, Suite 350
Salt Lake City, UT 84101-2060
Telephone: (801) 355-7007
Facsimile: (801) 355-6006
February 3, 2009
William Morrison via email
Richard Gray via email
Re: ___ v. Allstate Insurance Company
Dear Counsel:
This case was arbitrated on January 30, 2009 with Paul H. Matthews acting as arbitrator,
Plaintiff was represented by William Morrison and Defendant was represented by Richard Gray.
After reviewing the position papers, depositions, and exhibits submitted by both sides,
after hearing the testimony of the plaintiff the arbitrator makes the following findings and
decisions by a preponderance of the evidence:
1. The plaintiff was involved in an automobile accident on September 26, 2006. The
accident occurred when an uninsured motorist abruptly and without warning swerved across the
median and hit the plaintiff head on with the primary impact on the left front of the plaintiff’s
vehicle. The parties have stipulated to the liability of the uninsured motorist, which is assumed by
the defendant in this case and that the plaintiff is fault free. The accident occurred in Salt Lake
County.
2. The plaintiff did not seek medical treatment on the night of the accident but rather
went home and went to bed as it was so late. However, the next morning he awoke with
symptoms of headache, neck pain, mid and low back pain and right shoulder pain. Accordingly,
at the urging of his mother he made an appointment with chiropractor Teresa Le (no relation)
who saw him one week after the accident on October 3, 2007. Dr. Le diagnosed him with soft
tissue strains and sprains and treated him throughout the month of October. She then referred
him to Rothfeder. Dr. Rothfeder performed an examination and had an MRI scan done on the
plaintiff. Dr. Rothfeder referred the plaintiff back to Dr. Le for continued therapy which was
continued through February of 2007, at which time he was released from treatment. Dr.
Rothfeder monitored and directed the chiropractic treatment. The plaintiff made almost no
progress in October and November of 2006, but in December the records reflect a breakthrough
and improvement thereafter until by February he was 80% better.
February 3, 2009
Page 2
See Section 78B-5-824 1 UCA; See also Gleave v. Denver Rio Grande Western Railroad Co., 749
P.2d 660 (Utah 1988) and Corbett v. Seamons, 904 P.2d 229 (Ut.Ct.App. 1995).
3. In spite of what the records state, the plaintiff testified he was 60 to 70% better
from his injuries when he stopped his chiropractic treatment. The plaintiff had prior injuries to
these same areas from a prior car accident in May of 2006. He also treated with Dr. Le for this
prior car accident. However, the plaintiff testified that he was completely better from his prior
injuries when this accident happened in September. However, the records of Dr. Le do not reflect
that he was 100% better after the May 31st accident.

He treated with Dr. Le from May 31, 2006
to July 5, 2006. When he stopped treating he still had pain in his shoulders, neck, uper back and
low back, all with a 2 of 10 on a 1-10 pain scale and also according to his pain diagram. On that
day his complaints were neck shoulder, upper and lower back pain. Dr. Le found him to have
sub-luxations in his entire cervical, thoracic and lumbar spine. He was found to be improving,
stable and recovering as anticipated.

On July 5th the plaintiff himself rated his condition as only
30% improved since the beginning of treatment. The plaintiff explained this at the arbitration
hearing by testifying that he must have improved after this time, because by the second accident
he was completely better. The plaintiff’s memory of treatment details, events, conditions and
what one of the treaters looked like was not very good. The records are deemed by the arbitrator
to be the best evidence as to how the plaintiff was responding to treatment on any particular day.
4. The plaintiff testified that currently his headaches have resolved, his shoulder pain
has resolved and his upper back has resolved. He testified that his lower back pain still hurts
somewhat when he is doing things like working on his car engine while on rollers or when
changing the oil. However he indicated that it was not too bad, but not as good as it was before
the accident. It particularly bothers him in the cold as it feels like it is stiff. He avoids heavy
lifting due to fear of injuring his back. This testimony is all consistent with the records. He was
given a home exercise program to participate in, but there was no evidence offered as to whether
he is engaged in a home exercise program.
5. The evidence preponderates that the Plaintiff suffered the following damages as a
direct result of the accident and due to the negligence of the defendant:
ECONOMIC DAMAGES
a. Medical Economic Damages $10,346.56
b Less medical PIP -($5000.00)
c. Lost Wage Economic Damages
$682.50
c. Net economic damage $6,029.06
d. Interest on net economic damage from the date of the
accident1 $1,417.25
TOTAL NET ECONOMIC DAMAGE AND INTEREST $8,863.56
FUTURE ECONOMIC DAMAGE $0.00
February 3, 2009
Page 3
NON ECONOMIC DAMAGES $5,000.00
TOTAL ARBITRATION AWARD $13,863.56*
*If this award is in excess it is automatically reduced to the policy limits of the insurance
contract pursuant to Utah law.
Each side to bear its own costs and attorneys fees.
/S/ 31January2009
Paul H. Matthews
Arbitrator

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Answer provided by Rex Bush, webmaster of this blog’s affiliated website:  Utah-Personal-Injury-Attorney.com.  Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  Someone speeding down the turning lane, to avoid stopped traffic hit me and took off the whole front end of my car as I was pulling out into a space a driver

had left me. we were stopped to look with just our nose out and he hit us. the officer said it was my fault.   But he was speeding and not paying attention. and don’t you have to be within a certain footage of your turn to be driving in that lane anyway? and isn’t there something along the lines of driving for the conditions of the road?..there was heavy traffic and he was speeding past all the stopped vehicles very far from his turn.

A.  Drivers are not supposed to travel in the “median” (or the “parking strip”) but anyone who has been driving for more than a week knows that they do. So when you failed to look before pulling into the path of the other driver, you were negligent and, according to the investigating officer, guilty of a traffic offense. The other driver should have been cited also. But since you were both negligent it will be difficult for you to get the other driver’s insurance to fix your car.

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Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I was hit by a car while riding my bicycle at night – it was dark, and I had a flashing light on the front of the bike. The driver slowed down, but did not stop at the stop sign. Broken tailbone, lots of skin abrasions and destroyed bike, clothes, bike accessories etc. What steps should I take – is a lawyer necessary?

A.  Don’t be in a big hurry to settle the case. If the person who hit you was a private person (i.e. not working for state, local or federal government at the time of the accident) then you have four years to settle the claim or file suit.

Unfortunately, a broken tailbone will take some time to heal. But, you will also want to be sure you know the full extent of your injuries before settling. Once you settle, you cannot usually reopen the case later.

As a bicyclist you are considered a pedestrian and therefore your medical bills are covered under the PIP (Personal Injury Protection) coverage of the car that hit you. Utah policies require an owner to carry at least $3000 in PIP medical coverage.

Your lost wages are also covered up to the limits of the car’s policy.

You may also pay someone up to $20 per day to perform household tasks you are not currently able to perform.

When you receive payment for your bike and clothes do not sign anything.

An attorney could be helpful to you in making sure that all your injuries are identified, diagnosed and treated. And that the settlement is a fair one.

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Q.  I was at fault in an accident legally i should have been covered under boyfriends policy but i only had a learner’s permit but had no licensed driver with me …the claims adjuster is acting like they don’t want to cover the accident do they have to legally?

A.   A “permissive user” is covered under an auto policy. Since you were using the car with the permission of your boyfriend you were a permissive user unless the policy language excludes unlicensed drivers. Get a copy of the policy.

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Go not in or out of court that thy name may not stink. The Wisdom of Anii (c. 900 B.C.)

By Justin Rebello

Staff writer for Lawyers USA

Read More about “Hans Interviewed for LawyersUSAOnline on Settlement v. Trial”

http://www.decisionset.com/files/17652_elink-1.pdf

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Article provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

RIGHTS OF PIP PROVIDERS

Under Utah PIP (Personal Injury Protection) law various rights are conferred on the insured but these rights are yours as a provider indirectly and you can increase your ability to enforce these rights by obtaining a simple assignment from your client.  Sir Francis Bacon stated “Knowledge is Power” and that applies as well in 21st Century medical collections as it did in 16th Century England.  Knowledge of your rights can help you  protect them and can improve the speed and flow of your collections.

PIP PAYMENTS ARE TO BE PAID TIMELY

Utah Code Section  31A-22-309 (5) (a) “Payment of … (PIP benefits) shall be made on a monthly basis as expenses are incurred.”   Link

PIP PAYMENTS ARE OVERDUE AFTER 30 DAYS

Utah Code Section  31A-22-309 (5) (b) states:  “[B]enefits for any period are overdue if they are not paid within 30 days after the insurer receives reasonable proof of the fact and amount of expenses incurred during the period.” Link:  http://le.utah.gov/~code/TITLE31A/htm/31A17023.htm
Link

YOU ARE ENTITLED TO INTEREST ON PAST DUE PIP PAYMENTS

Utah Code Section 31A-22-309 (5) (c) states:  “[I]f the insurer fails to pay the expenses when due, these expenses shall bear interest at the rate of 1-1/2% per month after the due date.”  Link:  http://le.utah.gov/~code/TITLE31A/htm/31A17023.htm

YOU CAN SUE THE INSURANCE COMPANY FOR PAST DUE PIP PAYMENTS

Utah Code Section 31A-22-309 (5) (d) states: “[T]he person entitled to the benefits may bring an action in contract to recover the expenses plus the applicable interest”.  Link:  http://le.utah.gov/~code/TITLE31A/htm/31A17023.htm.  This benefit is conferred on the insured but it can be yours with a simple assignment from your patient.

YOU CAN COLLECT ATTORNEY FEES FROM THE INSURANCE COMPANY

Utah Code Section 31A-22-309 (d) states:  “If the insurer is required by the action to pay any overdue benefits and interest, the insurer is also required to pay a reasonable attorney’s fee to the claimant.”  Link:   http://le.utah.gov/~code/TITLE31A/htm/31A17023.htm

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