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.

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.

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.

Black Friday brought us some black weather this year, with sleet and freezing rain making walkways and roads slippery.  This is not unexpected in New England, of course, but it serves as a useful reminder and warning of what to expect over the next several months.  Slippery surfaces bring the potential for mayhem and accidents.  It is time to think ahead and prepare for the snow, slush, and other precipitation that makes living in New Hampshire in the winter such a challenge.

For most people, the biggest worry in the winter is commuting.  Driving a car that is floating along on top of snow, slush, or even ice, can be nerve-wracking for even the most skilled and experienced drivers.  Without a doubt the single best investment you can make for winter safety is a set of high quality snow tires.  If you haven’t driven on modern snow tires, you really cannot appreciate what you are missing in the winter.  It is important to remember that every action you take behind the wheel is transmitted to the road through those four small contact patches where your tires meet the road surface.  Bad tires lead to a poor connection with the road.

Snow tires are really not “too expensive.”  When you consider that a good quality set of snow tires will last four, five, or possibly more winter seasons, they are really the cheapest form of insurance you can purchase to keep yourself and your loved ones safe in the winter.  Even if you decide not to buy dedicated snow tires, you absolutely should not drive on wintery roads with worn out tires of any sort.  The law requires that your tires have a minimum of 3/32 of an inch of tread.  That really is not enough for winter driving.  You want as much tread depth as you possibly can have so that your tires can find purchase in snow, and cut through slush.  In addition to putting you and your vehicle at risk, having badly worn tires could expose you to liability in the event you injure someone else an accident caused by loss of grip in the winter.

Even with snow tires (and especially without), winter driving requires a more delicate touch than driving the rest of the year.  You should steer, brake, and accelerate more gently, plan further ahead for stops, slow down earlier for corners, and leave much more room to the traffic ahead of you.  Often times on multi-lane highways, a relatively “dry” line will be created in one lane as the majority of traffic tries to take advantage of the tracks cut in the snow by preceding vehicles.  Obviously these “dry” lines have more traction, and are therefore somewhat safer to drive on.  However, in some weather conditions these paths can still be deceptively slippery, so one should not give into the temptation to follow the car ahead too closely.

Four wheel drive and all wheel drive are a great advantage in the winter, but they do not make you invincible.  The primary advantage that these systems give you is the ability to accelerate in slippery conditions.  They are generally also slightly more stable at speed.  However, AWD does not “create” traction.  AWD drive cars just make somewhat better use of the traction available when accelerating.  When it comes to turning and braking, you are still limited by the amount of traction your tires can provide.  AWD combined with poor tires is a recipe for disaster, because the AWD allows you to accelerate despite the lower grip of worn tires, but the tires’ limitations often reveal themselves suddenly when the driver is forced to stop or turn.  Just because you have AWD does not mean you should not invest in a good set of snow tires.

That’s it for Part I of the winter caution tips blog.  Part II will deal with precautions you should take for walking in the winter, and making your property safe for others to walk on.

Because your case is important to you, we suggest you consider the following criteria/factors when you choose a personal injury lawyer:

REASON #1

Select an Attorney with a Focused Practice

Some lawyers and law firms try to do it all.  It is important to choose an attorney who focuses on certain areas of the law.  You need to find out how much of that attorney’s practice is in the area of personal injury for victims.

REASON #2

Select an Attorney with Trial Experience

Many lawyers claim to handle personal injury cases.  Just look at the ads in the yellow pages or on TV.  It is important to choose an attorney that has actual experience taking cases to trial.  Insurance companies know which lawyers will take a case to trial and which lawyers just want to settle a case fast.  Without an experienced trial lawyer on your side, it puts you and your case at a disadvantage.

REASON #3

Select an Attorney with a Track Record

Your personal injury case is important to you because it affects you and your family.  Your case is the opportunity for you to get fully compensated for your damages.  It is important to choose an attorney that has a record of accomplishment and can deliver a full and fair trial verdict or settlement.

REASON #4

Select an Attorney with the Necessary Resources

Many personal injury cases require serious investigation and are expensive to prepare.  Your attorney will need to devote not only time to your case but the resources to hire medical experts, accident reconstruction experts or vocational rehabilitation experts, if necessary.  The lawyer should have staff dedicated to your case.  It is important to choose an attorney that has the resources to fully prepare your case.

REASON #5

Select an Attorney that Represents only Accident Victims

Many law firms try to have it both ways.  They have some lawyers that represent accident victims and other lawyers representing insurance companies.  It is important to choose an attorney whose loyalty is easy to read – one that only represents accident victims.

REASON #6

Select an Attorney Who Receives Referrals From Other Attorneys and Satisfied Clients

Some lawyers get most of their cases from an out-of-state 1-800 number or a telephone book ad.  Find out the source of the attorney’s personal injury cases.  It is important to choose attorneys who receive most of their cases from referrals from other lawyers or satisfied clients because that is a reflection on the quality and skill of their representation.

REASON #7

Select an Attorney Who Will take Your Case on a Contingency Fee

Make sure the attorney will agree that you will not pay attorney’s fees unless you recover in your case.  It is important to choose an attorney who will believe in your case and agree to work for a contingency fee.

In a case with serious injuries, having an experienced New Hampshire personal injury lawyer representing you against the insurance company will help protect your claim and maximize your recovery of damages.

Personal injuries happen every day in New Hampshire.  These injuries may have a long-lasting impact on the accident victims and their families.  Your personal injury claim is your one chance to put your life back together and recover all damages for your injury.  Having a lawyer on your side can help you with two important parts of your case.  The first thing is to make sure you get prompt and necessary medical treatment.  The second important thing is to make sure you receive full compensation for your injury.

Insurance companies have their own experienced adjusters or lawyers whose only job is to process personal injury claims and reduce the amounts paid to victims like you.  They rely on the fact that many accident victims do not get an experienced New Hampshire personal injury lawyer.  Without your own personal injury attorney, insurance companies count on the fact that you are unsure of what to do.  Without the necessary experience, it is not surprising that many injured persons give a recorded statement or provide signed authorizations for their medical records without legal advice.  Insurance companies are also aware that you do not know the fair value of your injury, which means you may accept a “quick and cheap” settlement.  Insurance companies want to pay you the least amount of money while your personal injury lawyer’s job is to get you the full and fair amount for your injury.

Choose the Right Lawyer for Your Case

In cases with significant injuries, you need a lawyer representing you against the insurance companies.  Choosing the right lawyer for your claim may make a difference in the amount of compensation you recover in your case.  That is why you need an experienced personal injury lawyer to represent you against the insurance company.  Count the number of lawyer advertising pages in your phonebook.  There are probably 10 or 20 pages of lawyers with full size ads.  Everyone has seen the 1-800-TV ads for lawyers claiming to be experienced accident lawyers.  Just because a lawyer has paid for expensive advertising does not mean that the lawyer is right for your case or even has the actual trial experience needed to protect your claim.

Before you “hire” your lawyer you should learn if the lawyer has actually had any trial experience.  Trial experience is one of the most important factors to consider in hiring your attorney.

Insurance companies know if your attorney is skilled and experienced in bringing a case to trial. The threat of an experienced trial attorney taking your case to trial puts pressure on the insurance company to offer you fair compensation.  The insurance company may raise the amount to resolve your case if your attorney is willing and able to go to trial to fight for your case.  Without this leverage, the insurance company will try to dictate the value of your case.  Having an inexperienced lawyer on your side may put your case at a disadvantage.

Make sure you protect your claim and maximize your recovery by having an experienced New Hampshire personal injury lawyer represent you.

The goal of personal injury law is to have the person responsible for the accident fully compensate the accident victim for the injuries.  Although insurance companies are experienced in valuing personal injury claims, they know that you are unfamiliar with what your claim is really worth.  Under New Hampshire law, injured people are entitled to recover full, fair and reasonable compensation for their injuries.

There is no simplistic formula or mathematical calculation to determine the value of a personal injury claim.  Instead, the lawyer must make this determination based on years of experience in handling personal injury cases.  Generally, the value of your claim is based on two factors:  fault of the parties and the type of damages suffered.

Who’s At Fault?

The degree or amount of fault of each person involved in the accident factors into the value of your case.  Depending on the circumstances of the accident, we can assess whether the other person was completely at fault, mostly at fault or just a little at fault.  Insurance companies will try to reduce your recovery if you were partly at fault for the accident.  If fault is clear on the other person, that will prevent the insurance company from using that tactic to lower your recovery.

Types of Recoverable Damages

Looking at the types of damages suffered in an accident can help to understand the value of your claim.  Damage awards can include the following:

• Medical Expenses
• Future Medical Expenses (if any)
• Pain and Suffering
• Lost Wages
• Impairment of Earning Capacity
• Emotional Distress
• Loss of Future Enjoyment of Life

Above all, determining what a personal injury claim is worth only comes from years of experience.  This is an important reason to hire an experienced personal injury lawyer.