Third Party Insurance Claims for Car Accidents: What You Should Know

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Third Party Insurance Claims for Car Accidents: What You Should Know

If you’re in a car accident caused by another person, you’ll file what’s called a third party insurance claim. This claim is filed with the insurance company of the other driver – also known as the at-fault party. Your insurance company will not be involved in this claim, and all compensation for your damages and injuries will come from the other driver’s coverage.

Third Party Insurance Claims for Property Damage

If your car or other property is damage by another driver, you will be able to seek compensation for your repairs and replacement costs through a third party insurance claim. In most cases, the insurance carrier will not pay you directly for these expenses; they will, instead, pay the auto shop for the repairs your car requires. Sometimes, they may even cover the costs of a rental car while your vehicle is in the shop.

 

In the event your car is totaled by the other driver, meaning it is irreparable or the repairs would cost more than replacing the car would, then the third party insurance carrier will usually pay you what’s called ACV, or actual cash value. This is the current cash value of your car for its make, model, year, and condition. They will remit this amount to you, salvage your car, and you can use the funds toward a new vehicle.

Third Party Insurance Claims for Bodily Injury

If you’re hurt or injured in the wreck with the other driver, your ,strong>third party insurance,/strong> claim can compensate you for medical bills, treatment costs, pain and suffering, and more. To do this, the insurance carrier will likely offer you a lump-sum settlement payment. It is up to you to decide whether this is a fair and adequate amount for the injuries you suffered. If you are not happy with the settlement offers you are receiving, you are under no obligation to accept them. Simply refuse them verbally, and do not sign any sort of agreement or contract.

 

You may be able to take further legal action to seek additional compensation for your injuries. If you’re considering doing so, you should consult a qualified attorney before moving forward.

Important Notes

Texas is a contributory fault state. That means, even if the other driver did cause the accident, you may still hold a level of fault in the accident. If you were tailgating, speeding, or not following the letter of the law before the accident, it could be determined that you had a hand in causing the wreck and your subsequent injuries. If this is found to be true, it could affect the settlement offer your third party insurance claim garners you.

 

The at-fault party’s insurance carrier will work to prove you held fault in the accident; that way, they don’t have to pay out as much. To prevent incriminating yourself or giving the insurance carrier reason to pin blame on you, you should always refuse to give any sort of recorded statement when talking to insurance representatives. Speak to an attorney before talking to anyone about your accident, and be careful to only give the information you’re legally required to – nothing more, nothing less. If the at-fault party’s insurance carrier finds that you were even 20 percent at fault for the accident, it could result in a 20 percent reduction in your settlement offer, and, in the end, you’ll have to foot part of the bill for an accident that wasn’t your fault.

Get Legal Help for Third Party Insurance Claims

Are you preparing to file a third party insurance claim for a car wreck you were in? Ensure you get the most compensation possible by discussing your case with an attorney at the Law Offices of Pat Maloney. We’ll help you through the claims process and get you the money you deserve.

 

6 Common Ways Companies Ignore OSHA Construction Safety Policies

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OSHA, the Occupational Safety & Health Administration, sets forth hundreds of rules and regulations intended to help keep workers and employers safe all across the United States. Not all employers follow these regulations, however, and injuries occur regularly, especially in the construction sector. According to OSHA statistics, between October 2012 and September 2013, nearly 30,000 citations were issued because of OSHA construction safety policy violations, resulting in more than $47 million in penalties.



Common OSHA Construction Safety Citation

While any violation of OSHA guidelines can result in a citation and subsequent fines, there are some violations that are more common than others. The most regularly noted OSHA construction safety violations occur in the following areas:


  1. 1. Fall protection – Construction employers are required to have secure fall protection systems in place. Any platform that is more than six feet off the ground must have a guardrail, safety net, or personal fall arrest system for all employees. From October 2012 to September 2013, companies were cited nearly7,000 times for fall protection violations.
  2. 2. Scaffolding – Scaffolding must be able to support its own weight as well as four times its maximum intended load, and all suspension ropes and hardware must be able to hold at least six times their maximum intended load. OSHA construction safety guidelines also specify how planks must be applied, how brackets should be installed, and other important safety details.
  3. 3. Respiratory protection – Employers are required to prevent contaminated air, fumes, gases, vapors, and other substances from injuring workers. They must provide respirators applicable to the job at hand and conduct medical evaluations on all employees who use them. There must also be procedures in place for cleaning and maintaining the respirators and training employees to use them properly.
  4. 4. Ladders – OSHA requires that all ladders be able to support at least four times their maximum intended load. Each step (depending on the type of ladder in question) must be between eight and fourteen inches apart, and must be fitted with a skid-resistant material to prevent slipping. Between October 2012 and September 2013, ladder violations resulted in more than $3.6 million in fines.
  5. 5. Eye and facial protection – When machines, tools, or substances are present that could injure nearby workers’ eyes or faces, OSHA construction safety guidelines require that all employees be provided with adequate optical and facial protective equipment. This equipment must meet the standards set forth by the American National Standards Institute and should be maintained and cleaned regularly.
  6. 6. Training – All employees should be instructed on preventing, controlling, and eliminating hazards in the workplace, and any employees required to handle toxic substances must be trained to do so safely and be made aware of the toxins’ potential hazards and dangers.


If employees see any of these or other OSHA construction safety guidelines being violated at their workplace, they are encouraged to file a complaint through OSHA’s website or via their local OSHA representative.



After an OSHA Complaint is Filed

Once an employee has filed a complaint with OSHA alleging safety regulation violations or an unsafe work environment, the OSHA then evaluates the complaint to determine if there are reasonable grounds to suspect the allegations to be true. If OSHA staff decides that the complaint is valid, a representative will be sent to the workplace to inspect the premises. They will physically check the workplace, interview employees, take pictures, and evaluate the location’s compliance with OSHA regulations, and they will test any on-site safety programs or precautions that may be in place. Once their inspection is complete, the representative will issue a citation for any violations found, and the company or site at fault will be given a deadline by when the violation is to be fixed. If this deadline is not met, they will be issued a daily fine until the problem is resolved.


If you suspect OSHA construction safety violations at your workplace or you were injured because of one, contact an attorney at the Law Offices of Pat Maloney today to begin filing a safety violations complaint.


Do You Need a Del Rio Lawyer?

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While there are some legal issues you may be able to resolve on your own, many, such as those involving car accidents, truck wrecks, and workplace injuries, absolutely require the help of a legal professional. Without one, you run the risk of accepting a payment lower than what you’re due or, what’s worse, losing your claim altogether. If you’ve been hurt in an accident or on the job, enlist the help of a Del Rio lawyer immediately.


If you’ve been hurt in a car accident, truck accident, or at the workplace, you could be due compensation for the damages and repercussions you have suffered. All in all, you could be owed funds for:


  1. Medical bills, ambulance costs, and treatment expenses
  2. Lost wages and income, if your injury has kept you away from your job
  3. Lost earning capacity, if your injury has rendered you permanently unable to work Pain, suffering, and mental anguish
  4. Car repairs, rental costs, and property damage
  5. Lost quality of life, if your injury has significantly affected your day-to-day life
  6. Punitive damages, if the accident occurred because of gross or reckless negligence by another party


In Texas, the statute of limitations for personal injury claims is just two years. This means your lawsuit must be filed within two years from the date on which you were injured, or you risk losing your chance to pursue a claim at all. That’s why it’s imperative you contact a Del Rio lawyer to handle your case as soon as possible. If you decide to go it alone and file your claim yourself, any errors you make could result in valuable time lost. An experienced lawyer can ensure your suit is filed correctly, on time, and with the best possible chances of success. They’ll also help you gather evidence, line up expert witnesses for testimony, and ensure you don’t settle for less than your claim is worth.

Choosing the Best San Antonio Workers Compensation Attorney

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When you’ve been hurt on the job, you’ll likely need to file for workers’ compensation in order to get funds for your medical bills, lost wages and other expenses associated with your injury. Unfortunately, workers compensation insurers (and employers who use them) aren’t always the most cooperative organizations, and they will try to pay out as little as possible. If you want to ensure you get all the funds you need to cover your accident, enlisting the help of a San Antonio workers compensation attorney is your best bet.

 

A San Antonio workers compensation attorney can fight for your rights and ensure you’re not taken advantage of by insurers or your employer. Want to find the best workers comp attorney for your case? Follow these tips:

    1. Meet them face to face. Always schedule a face-to-face meeting before deciding on an attorney. See if your personalities mesh, and make sure they’re experienced and professional enough to handle your case.

 

  1. Ask them to estimate the worth of your case. Ask any attorney you’re considering to give you an accurate estimate of your case’s worth. This will show that 1) they’ve done their research and 2) they’re experienced enough to know what your case (and others like it) can garner.
  • Learn about their experience – specifically as it relates to workers comp. Have the attorney discuss his or her experience in workers comp in depth. How long have they been handling these kinds of cases? Are they board certified? The more experienced they are, the better your case will fare.

 

  • Do your research. Check their website, look at online reviews, research them on lawyer rating sites, and make sure you’re choosing an attorney who’s experienced and can handle the job.

 

Were you recently hurt on the job? Then contact a San Antonio workers compensation attorney at the Law Offices of Pat Maloney. Our team can help you get the funds you deserve for your accident.

 

3 Ways to Track Progress With Your Workplace Injury Claim

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If you were hurt on the job, getting your workplace injury claim approved and through the system in a timely manner is important so that you can get the compensation you need to pay your medical bills and support your family. Workers’ compensation claims are notoriously slow, and as employers and claims processors delay paperwork, the injured individual is the one who suffers. If you want to track the progress of your claim and ensure that it moves speedily through the process, consider the following methods:


  1. 1. Speak to your employers. If your employers are being cooperative, speak to them about the progress of your injury claim. Ask if they’ve filed the Employer’s First Report with their insurance provider, and see if they’ve followed suit with the Texas Department of Insurance (TDI).

  2. 2. Check with your insurer. If your employer is not being cooperative or communicative, check directly with their insurance provider to track the progress of your claim. In most cases, you can either go to the insurer’s website and enter the claim number, or contact a company representative and get more details over the phone.

  3. 3. Get an attorney involved. If talking to your employer or the insurance company isn’t working, involve an outside attorney to help track your workplace injury claim and ensure that it moves quickly through the system. The attorney will work with your employer, their insurer, and the TDI to make sure that you get the compensation you deserve in a timely manner, and they can also help you take legal action in the event that your employer doesn’t carry workers’ compensation insurance.



If you were injured on the job, don’t let your workplace injury claim get delayed. Contact an attorney at the Law Offices of Pat Maloney today. We’ll ensure that you get the money you deserve, fast.