Category Archives: Dents

Your Auto Accident Insurance Loss – Dealing With Your Company On A Disputed Loss


Your Auto Accident Insurance Loss – Dealing With Your Company On A Disputed Loss

When you disagree with your insurance company, about a claim, you have options you can use without going to court.

Car Insurance, Car, Insurance, Finance, Business

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#1. If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. It’s usually an 800 number. Call and ask if they have a Consumer Complaint Department? Most do. If so, talk to them because they may be able to help you. Don’t hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you’ve finished with your dispute). You may also hire an auto accident attorney to help you support your claim.

#2. Be ready to support your case by sending a covering letter (to that individual whom you spoke with) which contains all the documents you have to back up your position.

#3. All car insurance companies have either an “Appraisal Service” or “Arbitration Service” to help settle differences and/or disputes. Your policy should explain these options. If you can’t find either of these ask your agent to find them for you!

#4. If you’ve followed their rules for resolving your dispute, and you’re still not satisfied, your own state’s car insurance department should be able to help you.

#5. If, after hearing from your own insurance company’s people (your confident that you’ve not been handled properly) you should call 1 800 942-4242 ( a toll-free Consumer Information Service) sponsored by the insurance industry.

Trained personnel are available to assist consumers who have complaints. THIS “HELP LINE” OPERATES ON EASTERN TIME, MONDAY THRU FRIDAY, 8:00 AM – 8:00 PM.

Alternatively, you may hire an auto accident lawyer to improve your chances of getting a fair compensation.

#6. ALSO: An “Independent Arbitrator”, who allegedly has experience in insurance problems, can decide if what you’ve been told (or offered to settle your claim) is fair. You can get to them by calling THE AMERICAN ARBITRATION ASSOCIATION 1 212 484-4000 or they can be contacted (via the internet) at .

#7. MEDIATION: More often than not the Mediator does not have the authority to make a binding decision or issue an award to either party. The mediator only recommends a solution.

Mediation is a solid first step because it can negate the need for further expense on both sides. The first thing you should do is check the language in your auto insurance policy where it will spell out who will mediate (and/or arbitrate) a claim. You should submit a DEMAND FOR ARBITRATION FORM to whoever is listed in your policy. On that Demand for Arbitration Form you can specify whether you want “MEDIATION” or “ARBITRATION”.

DEMAND FOR ARBITRATION FORMS are available from your state’s Department Of Insurance, or you can print a copy of a Demand Form from the American Arbitration Association’s web site – – which can be found (as I’ve listed above in Number #6) at .


A. Mediation is much less expensive than Arbitration.

B. The Mediation Decisions are only considered to be advisory. However, The Arbitration Rulings are absolutely binding!

DISCLAIMER: The only purpose of this article “YOUR AUTO ACCIDENT INSURANCE LOSS – DEALING WITH YOUR COMPANY ON A DISPUTED CLAIM” is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Peter make any guarantee of any kind whatsoever; NOR do the purport to engage in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

Why This Lawyer Says You Should Buy Car Insurance From An Independent Broker



I don’t sell car insurance, but as a lawyer practicing in the field of personal injury and as a Tampa defense attorney for domestic violence cases, I frequently see people suffer because they have the wrong insurance coverage. Often, this happens because they purchased directly from an insurance company without consulting first an auto insurance broker for a more affordable auto insurance quote.

Many of my clients who have been seriously hurt in a car accident were struck by someone who had no insurance or only the minimum liability insurance coverage, which is $25,000 in New York and much less in many other states. Unfortunately, many of my clients were sold insurance policies with liability limits of $100,000 or $300,000, but were not sold matching uninsured and underinsured coverage.

Just this week, yet another new client had this problem. My client was a pedestrian crossing the street when she was struck by a car which fled the scene. The driver was caught shortly after leaving the accident, but the owner of the car only has the New York State minimum liability insurance of $25,000 and my client has serious injuries consisting of many broken bones including a fractured arm, leg and skull.

My client owns a car with liability insurance limits of $300,000, but she purchased the insurance from GEICO whose salesperson didn’t sell her underinsured coverage. GEICO does not use independent insurance brokers, but sells insurance directly to consumers through in-house sales agents.

For a small fee, my client could have purchased underinsured coverage of $300,000 which would have allowed her to recover $300,000 for her injuries instead of $25,000. Ironically, she did not need the $300,000 liability coverage to protect her assets. However, since you cannot buy underinsured coverage higher than your liability coverage, I would have advised her to purchase $300,000 liability coverage for the sole purpose of being able to purchase $300,000 underinsured coverage.

I have had many clients in this situation who lost their jobs because of serious injuries and incurred substantial debt. If they had matching underinsured coverage, the additional money available to pay their claim would would be a big help to pay their bills and get their life back together.

Underinsured motorist coverage will pay you money from your own automobile insurance policy if you have been hurt in a car accident by someone who was negligent for causing your injury and who had less liability insurance coverage than you did. Uninsured motorist coverage will pay you when the other car did not have any insurance coverage or the identity of the other car is unknown.

Underinsured and uninsured coverage is inexpensive and usually available in limits that match your liability insurance coverage. It is not available in amounts greater than your liability insurance coverage.

Underinsured and uninsured coverage is so important that a couple of states now require coverage limits matching your liability insurance limits, unless you decline the coverage in writing. Several years ago, I suggested to several New York State senators that they enact a similar law in New York.

I have also seen many clients who were not sold the maximum medical payments insurance, which costs me only $2.01 per month on my car insurance policy. This is particularly important for people who do not have a good health insurance policy. It is also beneficial for passengers who do not have health insurance.

Why should you buy car insurance through an independent insurance broker? The courts have defined the reason. There have been several “malpractice” lawsuits against insurance companies for failure to offer underinsured and uninsured motorists coverage limits matching the liability limits. However, when the insurance company sells directly to consumers, these cases have gone in favor of the insurance companies. The courts found that when a consumer buys insurance directly from an insurance company, rather than an insurance broker, the consumer is only buying insurance and is not paying for advice.

When you buy auto insurance from an Independent Auto Agent who represents several different insurance companies, you get the advantage of an insurance professional who can evaluate your needs and advise you accordingly. Additionally, only an independent insurance broker can provide you with a choice of insurance companies and premiums, so you get the best coverage at the lowest price.

Whether you buy your car insurance directly from an insurance company or through an independent insurance broker, always make sure that you purchase matching uninsured and underinsured motorist coverage and the maximum medical payment benefits.

Why Hire A Private Detective To Perform An Accident Reconstruction?


Why Hire A Private Detective To Perform An Accident Reconstruction?

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Do you represent a client who is fighting with an auto insurance company? Are you trying to determine exactly which driver was responsible for causing an accident? If so, it is important to do more than just listen to eyewitness reports in order to perform an accident reconstruction: it’s important to hire a private detective to investigate the reports and the accident to determine what really happened.

Accident reconstruction is a process by which an accident is researche…

Private Investigating

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Do you represent a client who is fighting with an auto insurance company? Are you trying to determine exactly which driver was responsible for causing an accident? If so, it is important to do more than just listen to eyewitness reports in order to perform an accident reconstruction: it’s important to hire a private detective to investigate the reports and the accident to determine what really happened.

Accident reconstruction is a process by which an accident is researched. A private investigator will review the stories from witnesses who watched the accident take place as well as those who were in one or more of the vehicles involved. In addition, the scene of the accident will be visited so that the information can be put into perspective. In certain cases, a car accident lawyer may require more information to build a case, specially when it seems the information available on the case contradicts the truth. Likewise when the information their client is presenting seems to not match what has been established as facts of the case. In car accident law cases the best way to build a compelling case is with the provable facts on your side and backing your claims.

During the process of researching an accident reconstruction, the private investigator and his team will also review videotaped evidence if it’s available and take photos and measurements of skid marks on the pavement – both those indicating braking and sliding to the side. Once all of the information has been collected and evaluated, the reconstruction of the accident can begin if it is found to be necessary.

Accident reconstruction may not be necessary in the case of one car being rear-ended by another, but can make all the difference if the accident involves failed seatbelts or rolled vehicles. In the cases where accident reconstruction is necessary, it can be used to determine the rate of speed at which the involved cars were moving. It can also be used to consider the conditions of the road, the angle of impact and more – all of which can contribute to which driver was responsible for the accident.

Because accident reconstruction can provide visual details of the scene rather than just testimony, it can prove to be a particularly valuable resource when you are asked to prove a case for your client. However, that doesn’t mean that you should conduct the accident reconstruction on your own.

A private investigator can take the information that you have about the accident, access additional information at the scene and make the time to talk with witnesses while the accident is still fresh in their minds. Private investigators who are skilled at accident reconstruction are able to do the research, manage the information and work with software and engineers to accurately recreate the accident – and what led up to it.

Whether your work involves representing someone who was in an accident or a member of their family or your work involves determining whether or not the individual has a case, accident reconstruction is a tool that you can use to prove your case.

You can be sure that the insurance companies will take advantage of accident reconstruction to determine whose responsibility the accident was; why give them an unfair advantage? Hire a private investigator so that you can be sure of what really happened – so that you too can take advantage of accident reconstruction, determine responsibility for an accident and help your personal injury lawyer like Legler, Murphy, & Battaglia personal injury lawyers to present evidence for your case.

What You Should Do After An Automobile Accident


What You Should Do After An Automobile Accident

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So you have just been involved in an automobile collision and are now in a confused state. Maybe this can help you with what you need to do next.

automobile, car, accident, legal

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So you’re driving down the street with your family and/or friends and suddenly you and another vehicle hit each other and now you are in a state of panic in the driver seat. Here are a few guidelines to help you through with your troubling problem.

Stay clam. After an automobile collision, a person can feel up to a varying and multiple amounts of emotions that may affect the way he or she can handle the current situation. It is best to clam yourself down by using whatever methods work best for you such as taking deep breath or counting to some arbitrary number. Once you are in a clam state you are better able to handle the situation.

Check for injuries. Depending on the seriousness of the automobile collision, there may be people injured. If it is a minor injury, try to assist the injured person however for more serious pedestrian injuries, call an ambulance; get more information via localaccidentreports. After tending to your injuries at the hospital, you may also need the Car Accident Chiropractor Services of a professional accident chiropractor, which you can visit anytime at a chiropractic clinic.

Call the police. Once the people are safe call the local police and update them with the current facts. Give them facts and not some ambiguous information such as “I wasn’t speeding” and instead respond with a concise answer like “I was driving at 40 miles per hour”.

Write everything down. Get the information of anyone directly involved in the accident such as their names, driver license numbers, date of births, addresses. You should also take down the cars’ license number and state that issued the license of the cars involved in the accident as well as the license number and state that issued the license of cars nearby as the police can track them down to use as witnesses. These are the information that most car accident attorneys deem useful and important in car accident cases.

Call your insurance agent. The sooner you call your agent the better it is for you. They will give you information that will help you get over this problem and get you back onto your life.

Don’t sign any document that is unfamiliar. Signing something without knowing what it is, is an insanely moronic practice to begin with so it should apply here as well. 

Call a personal injury attorney specifically an auto accident attorney or a car accident lawyer. The sooner you get in contact with a personal injury lawyer or a car accident lawyer, the better it is for you. Injury attorneys can clarify any legal ramifications or questions you may have about the accident so you may better understand your current situation. If your injuries render you disabled for a while, you may also consult social security attorneys to determine if you qualify for disability benefits.

Ask questions. Though the police, your insurance agent and your car accident lawyer may give you information, they will assume that you will know everything in-between if you don’t ask any questions. Even if you are remotely confused about something, it is better to ask now rather than finding out how it can hurt you later.

Your vehicle may have been severely damaged in the accident and is in need of an auto collision repair service with the help of an auto repair mechanic. You may ask your friends or even your insurance provider for recommendations when looking for a good auto collision shop that can provide professional auto repair services.