If you carry motor vehicle insurance (and you should if you drive!), an element of your coverage is called medical payments coverage, or medpay. Many people do not know what this coverage is for.

Furthermore, many people don’t have much of it. Most people have only $5,000.00 in medpay. Many people only have $1,000.00 of the coverage.

Medpay is coverage available to pay the medical bills you may incur as a result of medical treatment you require for injuries suffered in an automobile accident. It is available to be used by you even if the accident you were in, and the injuries that you suffer as a result of it, were the fault of the other driver.

Injury victims should use their medical payments coverage to pay their medical bills for injuries caused by another driver’s negligence because use of this coverage can help the injured person keep more of the money that he or she may ultimately recover from a personal injury claim arising from the accident. If you suffer injuries in an automobile accident that another person causes, and you submit your medical bills to your health insurance carrier, your health insurance carrier will have a lien over any recovery you obtain from a personal injury claim against the person at fault. This means that your health insurance carrier will be able to recover–from any settlement or judgment you obtain from the person at fault–the monies that it paid for your medical bills, or at least a portion of those monies. Your motor vehicle insurance carrier, by contrast, has no lien relative to the medical bills it pays under your medical payments coverage. So, if you use your medical payments coverage rather than your health insurance to pay medical bills related to treatment for your accident injuries, you will be able to keep for yourself a larger portion of any settlement or judgment that you obtain from your personal injury claim.

For these reasons, you should also carry as much medical payments coverage as you can afford. Five thousand dollars doesn’t go far if another’s negligence causes you to need treatment in an emergency room. In order to make sure that you receive all the compensation that you deserve when you suffer injuries because of another person’s negligence, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. in order to protect your interests. Call us at 1-800-240-1988 or fill out our online Contact Form.

Filing a personal injury or workers’ compensation claim can be complicated and there are many different steps involved before the case is resolved. One of these steps may involve an examiner by a medical examiner, which is a doctor hired by the defendant’s insurance company. This is sometimes referred to as an “independent” medical examination but that is not accurate. Instead, this examination should be called a Defense Medical Examination.

It’s important to keep in mind that the medical examiner is NOT your doctor and they were hired to assist the defense in disproving your claim or minimizing the extent of your injuries. Given this fact, you should be prepared by your lawyer ahead of time and know what to expect before your appointment so that you don’t do anything that might hurt your case.

Here are a few suggestions:

Be concise when answering questions. When asked about your pain or symptoms, state them clearly and concisely. Rambling on may result in your saying the wrong thing, or mentioning something that may hurt your case in the long run. Keep it to the point and you will be fine.

Be polite and cooperative. There is no need to be hostile with the medical examiner, even though you know they are not on your side. Be as pleasant as you can and do as he or she asks. For example, if the doctor requests that you bend or twist, do so to the best of your ability but within your limits.

Avoid exaggeration. The medical examiner is looking for people who get carried away when describing their pain. Going overboard may make you appear to be dishonest or exaggerating will only hurt your case.

Know your condition and don’t minimize it. Although it’s good to be concise in your answers, you should also be sure not to leave out anything important when it involves your pain and symptoms. Be specific and accurate in your list of limitations and complaints so that everything important is properly documented.

Understand the details of your claim. The medical examiner may ask you specific questions about your case, like the date of the incident, the details of what happened, or the names of doctors you have consulted with. Know this information ahead of time so that you’re prepared and confident.

Try not to be emotional. Certainly the experience of being injured can be emotional, and dealing with the pain and suffering is upsetting. But try to stay as focused as possible when meeting with the medical examiner. Leaving the emotion out of it can make the visit go much more quickly and smoothly.

Be honest. If a medical attorney has agreed that you are, in fact, a victim, there should be no reason to lie or stretch the truth when visiting with an independent medical examiner. Doing so will only serve to hurt your case so remember to keep it honest.

These are just a few suggestions to help prepare you for this part of your case. An experienced personal injury or workers’ compensation attorney from Douglas, Leonard & Garvey, will sit down with you to discuss your concerns and answer any questions you may have before you go to the appointment. Being prepared and knowing what to expect can make a difference between a winning case or a loss. Call our office at 1-800-240-1988 or fill out our contact form online.

With the arrival of May and warm and sunny weather (well, miserable rainy weather) its bicycle season. In addition to kids riding their bikes around town, New Hampshire is home to many bicycle enthusiasts and with record high gas prices, bicycle commuters. Although, some towns have actual bicycle travel lanes in some roads, most do not. As bicycle riders are required to ride in the roadway, and not sidewalks, accidents with car and trucks unfortunately happen.

If you or a loved one is involved in a bicycle accident, you may be wondering if you need an attorney. Collisions on a bicycle can be very serious, resulting in severe injuries. If your bicycle accident involved a motor vehicle, your injuries could be life-altering or permanent. Determining the need for a personal injury attorney following a bicycle accident depends on the specific circumstances of the accident. If you have been injured and your bike has been damaged, you may be eligible to receive compensation for medical bills, property damage and pain and suffering.

Some questions that you might consider include:

• Was there negligence or inattention on behalf of another person?

• Was I following the rules of the road?

• Did I take chances that I should not have?

• Was the road or sidewalk in poor condition?

• Did the weather contribute to the accident?

• Does the driver of the car/truck have enough insurance coverage?

• What do I do to protect my rights and get the compensation I deserve?

Assigning blame can be difficult, but if the driver of the car or truck is at fault, you have legal rights and will be entitled to full and fair compensation for your injuries.

The personal injury team at Douglas, Leonard & Garvey have experience in all types of accident cases, including bicycle accidents, and can help you in the event that you need to file a New Hampshire personal injury claim, and they can inform you of all your other legal options. You can contact us by calling our toll free number 800-240-1988 or filling out the information form on our contact form.

It is common knowledge that a driver or passenger of a vehicle that is rear-ended can sustain injuries, such as whiplash, neck pain, or back pain. However the damage to the vehicle may be slight especially depending on what types of vehicles were involved in the crash. Any low impact crash can yield serious injuries without substantial damage to the car. However, the insurance companies do not want you to know that and unless you have been in a low impact crash yourself, you too may think that if the car wasn’t badly damaged, how could its passengers and driver? Simple. You wouldn’t want to put your hand or your head in between two cars in a low impact crash. Would you? The cars may not sustain much damage but your hand or head certainly would.

CNN has done a report on such low impact claims. Their article reports that insurance companies have a strategy to deny, delay and defend. Their objective is to make it so expensive to recover from an accident that lawyers will refuse to take low impact cases.

It is noteworthy that in the age of “Tort Reform,” none of the money saving strategies of the insurance companies have impacted premiums. It would be reasonable to think that if the insurance companies are not paying out on claims then their insureds would not have to pay as much in premiums, but that is not the case. The insurance companies want you to believe that they pass the savings along to you, while they pocket the extra money.

Interestingly enough, you have probably seen a bunch of new auto insurance ads on cable. These ads promote one of two things, either: a) you will get the cheapest deal – and they fail to mention that you get what you pay for and b) their company will take care of you. They even have testimonials from people about how their company helped them. The average person will fail to notice that most of these testimonials are about car repairs, car rentals, and property damage claims. If you have been injured in an accident, and need to make a bodily injury claim and don’t have a good attorney on your side, GOOD LUCK! If you have been injured in any kind of automobile accident, contact Douglas, Leonard & Garvey for a free initial consultation. We will fight for your rights. Call 1-800-240-2988 or fill out on online contact form.

When you are injured in a car, boat, motorcycle or other accident, the first thing that usually happens is you are taken to an emergency room and if not unconscious or gravely hurt, the hospital will check you in and take your insurance information.  If someone else is at fault, it is important to identify for the hospital staff who else is responsible, and that you have medical payments insurance or “med pay” with your own car insurance company.  This is important so that the bills can be sent to your car insurance carrier before your medical insurance company processes and pays the bills.

Why?  When your attorney settles your case against the person at fault for the accident, under New Hampshire law, you have to pay back your medical insurance carrier the money that it paid the ambulance hospital, doctors, and physical therapy staff that treated you for your injury.  This is called a medical lien.  However, “med pay” will pay those bills up to your “med pay” policy limit if you submit the bills to your own car insurance company first. And the real benefit is that under New Hampshire law, when you settle your case, you can still claim as damages those bills paid by “med pay” and you do not have to pay “med pay” back.  This can make a real difference in the amount of money you can put in your pocket when you settle your case.

If you do not remember to tell the hospital, make sure to tell your lawyer right away that you have “med pay,” and who your car insurance company is so they can make sure the bills get processed correctly and you can get the most money possible out of your settlement.  Bring in the policy for your lawyer to review your “med pay” limits.   At Douglas, Leonard & Garvey we know the ins and outs of personal injury law and will ask you the important questions up front and make sure all of the details are handled for you to get you all the compensation you deserve.  For a free consultation about any personal injury you have suffered at no fault of your own, call the attorneys at Douglas, Leonard & Garvey or fill out our contact form. 

Medical payments coverage (also known as Med Pay) is insurance coverage on your OWN insurance policy that pays for reasonable and necessary medical expenses resulting from an auto accident. If you are in an auto accident, even if the accident is entirely your fault, med-pay coverage still applies. The amount of coverage can vary from $1,000 to $10,000 typically. The cost for this coverage is inexpensive and well worth it. Make sure you ask your insurance agent or insurance company about the amount of med pay coverage on your policy.

Another great benefit of med pay is that it also covers for the medical bills of passengers in your vehicle at the time of the accident, regardless of fault. If you have passengers in your vehicle at the time of an accident, then you and your passengers all have med-pay coverage up to your limits. So, for example, if you have $10,000.00 in med-pay coverage, you and every one of your passengers have this limit available to them for an accident. Med-pay coverage is also not vehicle-specific, which means that the med-pay coverage “follows you” to provide coverage in any accident involving an automobile. You should always attempt to maximize the use of med-pay coverage that may be available for injuries that result from a car accident.

Med-pay coverage is an example of a benefit that may be available that many people do not know about. At Douglas, Leonard & Garvey, we have experienced accident attorneys who understand the details of insurance policies. If you have recently been injured in a car accident, please give us a call or use our contact form to have us help you with your claim.

Although it may still be difficult to tell, with snow falling on Easter weekend, Spring is here, and with it motorcycle season.  It hardly needs to be said that riding a motorcycle carries higher risks for the rider and any passengers than driving in a car.  However, a story like the recent one from Fremont, in which a six-year-old passenger on a motorcycle was gravely injured while riding with her grandfather, after they were struck by a drunk driver, really makes one think.

There is a saying amongst experienced motorcyclists, and especially those who have experience with the motorsport side of riding.  The saying is “dress for the crash, not the ride.”  Essentially, the moral of the saying is that you will crash eventually, whether through your own mistake, or one made by another motorist, like the case in Fremont.  When that day comes, you will want to have the maximum amount of protection that you can get, because you won’t have a seatbelt, airbags, crumple zones or a ring of steel around you to keep you from making high speed personal contact with that tree, guardrail, sign post, or oncoming vehicle.

The most obvious and essential bit of equipment you use to protect yourself is a quality, SNELL-approved helmet.  We recommend the full face variety.  Not only will it offer additional protection for your pretty features, but it will offer protection from bugs and other flying debris.  Most people have had the misfortune of having a car windshield cracked by a stone or something falling off another car.  Imagine that instead of being stopped by a tempered glass windscreen, that stone or debris is stopped by your face.  The initial injury would likely be bad enough, but it could daze you or blind you and put you at risk for a really serious accident.

Beyond a helmet, a good set of riding leathers is essential.  The leather acts like armor to take the punishment of road rash instead of your skin.  Leather also tends to allow you to slide over pavement or gravel, rather than gripping and causing you to tumble like skin or jeans.  Tumbling after hitting the ground is often what leads to broken extremities.  Some leathers have built in padding to absorb the shock of a crash, which are an obvious bonus safety feature.  Good leather outfits can be had in a multitude of styles, from full-out racing style outfits to leather pants and jackets (a la Terminator).  You should be able to find a safe outfit that matches your ride and your riding style. 

Fingers and toes are especially vulnerable in a crash, being some of the smallest bones in your body.  A good set of gloves with armored knuckles and joints is a good investment.  Chances are you can find a set that matches your leather outfit.  Good boots offer similar protection, as well as protection for your ankles and Achilles tendons.  In many crashes involving other vehicles, the feet commonly take a lot of the impact, so good boots are worth the cost.

There are other, more specialized forms of protection available to the serious rider, including armored spine protectors and fully padded/armored outfits.  They offer heightened levels of protection, albeit at the expense of some comfort.  You may only get one chance in a crash, though, so they are worthy of consideration. 

Also, before taking your bike out for its maiden voyage after a long winter nap, have it checked out thoroughly by an experienced mechanic.  Mechanical maladies that would be merely annoying or result in a wait for the tow truck with a car can be downright deadly with a motorcycle.  You need to be twice as sure that everything is in proper working order and ready for the road. 

Finally, if you are unfortunate enough to be injured in a motorcycle accident due to someone else’s negligence, you will need good legal advice and representation in order to obtain a full recovery of the damages you have suffered.  Douglas, Leonard & Garvey has years of experience successfully representing injured motorcycle riders.  Stay safe, dress for the crash, and keep your head on swivel for negligent drivers, but if that is still not enough, we will be glad to help you in the event of a crash.

With the recent stretch of warm weather we have had and the melting piles of snow around New Hampshire, the legion of bikers who live and visit New Hampshire are tuning up their bikes for the first ride of the season. Even experienced bikers are wise to remember the first five thing bikers can do to stay safe on New Hampshire Roads.

1.) Assume Drivers Can’t See You: Ride assuming that you and your motorcycle are totally invisible to motorists. That means you must never assume that drivers can see you. The odds are, they can’t so believe it yourself and always have an “out” for dangerous traffic situations. Motorcycle Safety depends on you.

2.) Maintain Safe Spacing: Leave plenty of space in front and back and to the sides from all other vehicles. Be an island. Stay away from traffic as much as possible. This gives you more visibility and more time to react to situations.

3.) Anticipate Trouble: Anticipate trouble situations and know what to do when you see them. Analyze what vehicles are doing and try to predict the outcome. Then make sure you’re ready to avoid a bad traffic situation.

4.) Beware of Oncoming Left Turners: Beware of oncoming motorists turning left in front of you at intersections. This is one of the leading causes of death of motorcycle riders. Slow down before you enter an intersection. Stay visible. Don’t travel too close to cars in front of you. Position your bike so it can be seen by the left hand turner. Eye contact is not enough.

5.) Ride Your Own Ride: Don’t try to keep up with your friends who may be more experienced. Know your personal limits. Ride your own ride

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The attorneys at Douglas, Leonard & Garvey have years of experience with these types of cases and a track record of getting results. Contact us at 800-240-1988 or online for a free consultation.

Thousands of New Hampshire residents and visitors enjoy boating each season on our lakes and ponds. There are several leading causes of boating accidents, including alcohol.

New Hampshire law prohibits a person from operating a boat under the influence of intoxicants. Boating and excessive drinking is a serious crime and the laws are strictly enforced. The legal limit of the blood alcohol content (BAC) is 0.08% and if arrested for a higher BAC, harsh penalties may be imposed on the operator, based on the severity of the offense as well as the previous number of similar convictions. If convicted of operation or attempted operation of a boat while intoxicated, you may not operate a boat on New Hampshire waters for a period of one year from the date of a conviction. If you get convicted of “drunk boating” while transporting a person under the age of 16, you cannot drive a boat on New Hampshire waters again until you complete a 7-day program at the state operated multiple DWI offender program or an equivalent 7-day residential intervention program. Any conviction for driving a boat while intoxicated becomes part of your DMV record and your license to drive a motor vehicle is suspended or revoked as if you had been driving a car.

You need to remember that Marine Patrol can go onto your boat at any time for a safety check and regularly does so. They don’t need probable cause to believe you have committed a crime. If you do get charged with boating under the influence, it is critically important to find an experienced attorney because there are serious consequences – both your right to operate a boat and operate a motor vehicle are at stake.

Contact us at Douglas, Leonard & Garvey because we have experience with operating boats and defending alcohol-related charges and are available to assist you.

New Hampshire waters offer some of the best boating opportunities in the region for power boating, water skiing, fishing and sailing. And it’s almost “Ice-Out” on the Big Lake. “Ice-Out” on Lake Winnipesaukee occurs when the ice that has covered the Lake melts enough to allow the M/S Mount Washington cruise ship to navigate between Alton Bay, Center Harbor, Weirs Beach, Meredith and Wolfeboro. Ice-Out is greatly anticipated by residents and visitors since it is the traditional start of the spring season and many Islanders regain water access to their cottages. The date has been observed and recorded for over 120 years. The setting of the exact date and time is non-scientific and is now determined by an observer in a small plane from Emerson Aviation that flies over the lake several times a day. When the pilot makes the Ice-Out call it is considered official. While most years Ice Out does not occur until Mid to late April, last year, Ice Out arrived on March 24th.

So, this means boating season is right around the corner. Boating on the beautiful lakes and ponds in New Hampshire on a bright summer day with family and friends is about as good as it gets. In order to protect yourself and your loved ones you should: (1) register your boat; (2) obtain your boater education card which you must have to operate a boat with an engine bigger than 25 hp; (3) make sure you always have a good marine map and follow the boating rules; and (4) obtain marine insurance to cover injury to you and others, as well as damage to your boat.

Unfortunately, boating accidents can occur due to the negligence or recklessness of another boater. The leading causes of boating accidents are:

• inattention

• inexperience

• speeding

• alcohol

We hope you have a great boating season but if you have been injured through the fault of someone else’s negligence, you need to contact an experienced personal injury firm like Douglas, Leonard & Garvey, P.C. to set up a free consultation. Please call 1-800-240-1988 or contact us online.