August 16, 2011
Facebook and Car Accident Injury Cases
Did you know that attorneys working for an insurance company will often ask for copies of your Facebook, YouTube, and other social media accounts? They look for anything and everything to poke holes in your car accident lawsuit. Here’s a sample discovery request in an Oklahoma case:
Pursuant to Title 12 O.S. section 3226 (B) please produce any photos or videos of Plaintiff( s) engaging in any activity since the date of the incident that is the subject of this litigation posted on any Facebook page, MySpace page, Twitter account, You-Tube or any other social networking site, which depicts Plaintiff(s) engaging in or enjoying any sport, physical activity, party, festivity, dance, vacation, or generally Plaintiff(s) having a good quality of life. (Defense counsel will pay for the cost of reproduction of photos within reason. If the expense of reproduction is above $100, please call defense counsel with an estimate of the cost before responding to this Request for Production.) Please produce any written postings, messages, wall comments, status updates or any written comments concerning Plaintiff( s) engaging in any sport, physical activity, party, festivity, dance or vacation posted since the date of the incident in which this litigation arose. Per section 3226, it is not a ground for objections that the above information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Per section 3226, it will be Plaintiff’s burden at a Motion to Compel to show that the information requested is not reasonably accessible because of the undue burden or cost. It is the position of the Defendant that current Oklahoma law requires that Plaintiff(s) preserve any and all items sought in this Request. Any willful or intentional suppression or destruction of the requested items will be considered spoliation of evidence (it will be presumed that the destruction or suppression shows a consciousness that your case lacks merit.)
Related articles
- Facebook and Car Accident Injury Cases (oklahomacaraccidentlawyer.com)
- Facebook, Myspace, Fair Game as Evidence in Court (blogs.wsj.com)
July 26, 2011
Lost Income and Car Accidents
I was in a car accident 6 months ago. I had to miss 3 weeks of work immediately after the accident because I was in so much pain. I used my vacation time for the first two weeks, and was unpaid the 3rd week. The insurance company is claiming that my lost income claim is for one week. Are they correct?
No. The insurance company is just giving you the runaround. You should be able to recover for the three weeks of missed time.
July 20, 2011
Insurance company isn’t being reasonable
The auto insurance company for the guy that hit me won’t even pay all of my medical bills. I’m through with treatment and I’m getting past due notices on the bills. What can I do? I can’t afford all the medical bills – especially for something that wasn’t my fault.
Well, if you want to get compensated for your medical bills, it looks like you’re going to need to hire an attorney. Oftentimes insurance companies will change their settlement offer after an attorney is hired. Obviously, this is not always the case. To get a reasonable offer, at the very least, a lawsuit may need to be filed to get the insurance company to do anything. Even then, there’s no guarantee that they will ever be reasonable on your claim. That’s generally why car accident cases go to trial.
You should remember that besides your medical bills, you should be able to recover for any lost income, as well as something for your pain and suffering.
June 30, 2011
Car Accident Insurance Policy Limits
I’m afraid my medical bills are going to be really high. The insurance company for the guy that hit me won’t tell me what his coverage is. Can they do this?
Yes. Insurance companies aren’t required to disclose policy limits before a lawsuit is filed. These are discoverable, however, once a lawsuit is filed. Remember that our state requires at least $25,000 in liability coverage.
Related articles
- The goal in filing a car accident lawsuit (oklahomacaraccidentlawyer.com)
- Car Accident Lawsuits and Common Misconceptions (oklahomalawyer.com)
June 3, 2011
Car Accident Black Box Report
Here’s a black box report for an auto accident case I handled last fall (click on the image for the full size):
If you’re interested, here’s the full report: Black Box Report
May 18, 2011
Car Accident Lawsuits and Common Misconceptions
There are a TON of misconceptions when it comes to lawsuits. Car accident lawsuits are no exception. Here’s a few I’ve gotten lately:
“The at fault driver’s insurance company paid for my car. That means that they’ve accepted liability.”
Not necessarily.
It’s seems counterintuitive, but the insurance company may decide to fight your case on liability – even if they’ve already repaired your car (or paid for it if it was totaled).
Why would they do this?
- If your car is totaled, you will likely be racking up rental car expenses. If the other driver is held liable, and the expenses were reasonable, the insurance company would be on the hook for these.
- You can get attorney’s fees awarded in property damage cases.
- It’s a business decision for the insurance company.
“Well, the jury will be able to easily decide liability once they find out how much the insurance company paid for my car.”
That would be true if the jury is allowed to know if there is insurance in the case. In most cases under Oklahoma law, juries are not allowed to know if a defendant has insurance.
This can obviously make things frustrating for jurors. There are car accident cases tried before a jury that are limited to damages only (basically the insurance company values the claim lower than what the plaintiff does). In this case, liability is not an issue. In cases like this it’s common for the property damage to have already been settled.
If you like to read our state statutes, take a look at 36 O.S. §6091 and 12 O.S. §2411:
No settlement made under a motor vehicle liability insurance policy of a claim against any insured thereunder arising from any accident or other event insured against shall be construed as an admission of liability by the insured, or the insurer’s recognition of such liability, with respect to any other claim arising from the same accident or event and no testimony with respect to such settlement shall be admissible in evidence with respect to any other such claim.
Evidence of the existence of liability insurance is not admissible upon the issue of negligence or wrongful action. This section does not require the exclusion of evidence of liability insurance where the question of possession of liability insurance is itself an element of the action, or when offered for another purpose, including proof of agency, ownership, control, bias or prejudice of a witness.
Guess what happens if the jury asks if the car has been repaired or if the driver has car insurance?
They aren’t allowed to know. They are instructed to look at the issue (damages). In reality, nearly all car accident cases involve car insurance. The defense lawyers (and their medical experts) are all paid by the insurance company on the case.
What happens if the jury asks if the plaintiff has health insurance?
They still won’t get to know. A lot of people don’t want to give a plaintiff “double the amount.” BUT, if a personal injury plaintiff’s medical bills have been paid by their health insurance company, and he/she gets a settlement or verdict, those payments will generally need to be repaid to the health insurance company.
March 21, 2011
What can I expect at an initial consultation for my car accident?
Just about every car accident attorney offers a “free consultation.” What can you expect at this meeting?
First off, it’s a a chance for you to evaluate if you get along with this attorney and if you trust him/her. If you don’t feel comfortable with that attorney, than you should definitely continue the process of looking for an attorney for your case. There’s no reason for you to hire a lawyer you don’t like. There are plenty of good attorneys out there.
This meeting also gives the attorney a chance to evaluate you as a client. For a potential car accident case, I’m going to look at how the accident occurred, if there is an accident report, what the police officer wrote in the report, what types of injuries there are and if you and I both get along.
Even if I’m not taking your case, I will also discuss the strengths and weaknesses for your case.
What should you bring to this first meeting?
Everything! The more the merrier – medical records from the accident, any insurance documentation, and anything else you thing could be relevant in evaluating your case.
Related articles
- Should I get medical treatment after a car accident? (oklahomalawyer.com)
- Should I settle my car accident claim? I’m still hurt (oklahomacaraccidentlawyer.com)
- I’m out of work – How can I afford a car accident lawyer? (oklahomacaraccidentlawyer.com)
February 28, 2011
Is it OK to settle my property damage claim? I’m still hurt
A lot of people don’t realize that a car accident claim is actually split into two different claims:
- Property Damage
- Personal Injury
There’s really no reason to wait to try to settle the property damage claim on an accident. You certainly don’t want to settle your personal injury claim before you know the full extent of your injuries (and damages like medical bills and lost income).
How can ensure that you’re getting a fair price for your car? Check out:
Remember that the insurance company (of the other driver) doesn’t have to pay you what you owe on the car, but what the car is actually worth.
January 27, 2011
If I’m sued will my car insurance cover it?
Yes, but it is only up to the limits of the coverage you purchased. That’s the main reason (besides the law) that we purchase auto liability insurance.
Note that while the actual lawsuit will be in your name, the insurance company’s attorneys will be handling the case. So, there’s generally no reason for you to look for a civil defense attorney.
January 24, 2011
Can an auto accident claim be settled without a deposition?
Yes. Car accident claims settle at all steps in the litigation process.
- Some car accident claims are settled without a lawsuit actually being filed. Generally, the insurance company will want to at least do a recorded statement though. A lot of car accident claims are settled without a lawyer involved.
- Some claims will settle shortly after a lawsuit is filed. Oftentimes, a different adjuster will handle the claim after suit has been filed.
- Some claims will settle after a couple depositions, but before the actual trial. And some will settle days before the trial is set to actually begin.
Remember that an insurance company will require a signed release in exchange for a settlement. The release will prevent you from bringing any type of claim in the future for the same accident.