https://www.rlaattorney.com/wp-content/uploads/2017/07/1.jpg 788 940 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-07-14 04:47:492017-07-10 17:48:1210 Negotiation Mistakes to Avoid in Personal Injury Claims https://www.rlaattorney.com/wp-content/uploads/2017/06/Robert-armstrong-personal-injury-attorney-north-carolina-1-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-06-22 07:20:152017-06-15 12:30:22Your Rights as a Passenger in a Car Accident https://www.rlaattorney.com/wp-content/uploads/2017/06/Robert-armstrong-personal-injury-attorney-north-carolina-2.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-06-15 12:17:412017-06-15 12:17:41June National Safety Month https://www.rlaattorney.com/wp-content/uploads/2017/06/Robert-armstrong-personal-injury-attorney-north-carolina-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-06-08 07:41:302017-06-05 17:50:26Why Medical Care is Necessary After a Car Accident https://www.rlaattorney.com/wp-content/uploads/2017/06/Robert-armstrong-personal-injury-attorney-north-carolina.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-06-01 07:23:272017-05-31 18:59:30What to do if you're hit by an Uber or Lyft driver https://www.rlaattorney.com/wp-content/uploads/2017/04/Robert-armstrong-personal-injury-attorney-north-carolina-3-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-05-25 07:04:592017-05-31 13:48:30Understanding Settlement and Release Agreements https://www.rlaattorney.com/wp-content/uploads/2017/04/Robert-armstrong-personal-injury-attorney-north-carolina-2.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-05-18 07:35:412017-05-31 13:46:415 tips for choosing the best personal injury lawyer https://www.rlaattorney.com/wp-content/uploads/2017/04/Robert-armstrong-personal-injury-attorney-north-carolina-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-05-11 07:25:042017-05-31 13:47:04Essential Motorcycle Insurance Coverage to Purchase In North Carolina https://www.rlaattorney.com/wp-content/uploads/2017/03/Robert-armstrong-personal-injury-attorney-north-carolina-3-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-04-27 07:46:092017-03-22 17:49:44Why you should have uninsured motorist coverage https://www.rlaattorney.com/wp-content/uploads/2017/03/Robert-armstrong-personal-injury-attorney-north-carolina-2-1.png 225 601 robert https://www.rlaattorney.com/wp-content/uploads/2016/09/RLA-full-white.png robert2017-04-20 07:39:062017-05-31 13:52:16The process of a personal injury claim Scroll to top
10 Negotiation Mistakes to Avoid in Personal Injury Claims
Negotiating personal injury claims is a very tricky business that’s typically best left to an experienced personal injury lawyer.
But even if you have an attorney — and you should! — there are some things you need to be aware of when it comes to negotiating with insurance companies.
Here are 10 mistakes that could hurt you in the end:
1. Giving a recorded statement to the other party’s insurance company — This is something you should never do, unless you have your lawyer with you when you give a statement. It might seem like an innocuous task, especially if you weren’t at fault, but insurance adjusters are trained to interview you in a manner that might make you say something to negatively impact your claim.
2. Lying to the insurance company — This also sounds like a no-brainer, but it’s important to note. You should always be completely honest when you give information to both your insurance company and the insurance company of the other party.
3. Giving the other party your insurance records too early in the claims process — A good lawyer will advise you not to release your medical records before you are almost done with your medical treatment. This is because your injuries could get worse or change over time, and you don’t want the claims adjustor to have an incomplete file when it comes to your medical problems.
4. Exaggerating your injuries — If you are injured and you have someone helping you with the claims process, then you will get the award you deserve without having to stretch the truth on the extent of your injuries.
5. Talking about pre-existing conditions or injuries with the insurance company
6. Trying to answer every question, even if you don’t necessarily know the right answer.
7. Letting claims adjusters get informal with you — No matter how innocent it seems, you should never have “off-the-record” conversations with a claims adjuster. It’s called “letting your guard down,” and it’s exactly what they want you to do.
8. Using red-flag terms with adjusters — Be very careful when choosing which words you use with the insurance company. Words to avoid include whiplash and other medical terms. Don’t use them without a proper medical diagnosis. Also, don’t talk about complex legal terms like negligence if you are not a licensed attorney.
9. Giving out your social security number or contact information for friends and family to an insurance adjuster.
10. Assuming your claim will be accepted without a lawsuit — Sometimes, a claim can be settled without having to file a lawsuit. But often, that’s not the case.
This is why it’s so crucial to have a solid personal injury attorney on your side. If you or someone you love has been in an accident, contact Robert Armstrong’s office today.
Your Rights as a Passenger in a Car Accident
Whether you’re the driver or the passenger, at-fault or not-at-fault, car accidents are never fun. There is good news, however, for the passengers in a vehicle that has crashed.
If you’ve been injured in a car accident as a passenger, your case is typically less complicated than a driver or other personal injury case. Why, you ask? Because as a passenger, you don’t bear any responsibility for how the wreck occurred. That’s for the drivers and their lawyers and insurance companies to figure out.
Often, as an injured passenger, you have more rights than the injured driver.
How do you file a passenger injury claim?
First things first. If you were injured in a car accident as a passenger, you need to make sure you get insurance information for all the drivers involved before you leave the scene, if possible.
Second, you need to document everything that happened, from the moments leading up to the crash to the aftermath of the accident. Take pictures and detailed notes.
Then, you need to hire an experienced personal injury attorney to handle your case.
It’s important to remember the following if you’re a passenger:
What if the insurance policies don’t cover all of your expenses?
In some cases, your injuries might exceed the coverage of the insurance companies you’re filing claims against. This happens when people keep the minimum insurance requirements, or sometimes it can happen when there are multiple people who are injured in a crash. When either of these things happen, you have the following options:
As you can see, accidents involving passengers are very complicated matters, but you have many rights and avenues you can pursue in getting the amount of money you deserve.
If you or someone you love was an injured passenger in a car accident, contact the law office of Robert Armstrong today for help.
June National Safety Month
June is National Safety Month, according to the National Safety Council, which makes it a perfect time to talk about road safety topics that often lead to personal injury cases for lawyers.
What are the dangers of impaired driving?
Driving drunk or under the influence of drugs is not only illegal, it’s extremely dangerous. If you are in an accident and it is discovered that you are impaired, the consequences can be very serious.
Here are some statistics about drunk driving:
How can you avoid distracted driving?
As smartphones continue to rise in popularity, so do the number of accidents that are caused by distracted driving. Here are some tips to help you stay focused when you’re behind the wheel:
Tips for avoiding car accidents
We all know that accidents can happen. That is, after all, why they are called accidents.
But there are some things you can do while driving to avoid them. Here are some tips:
If you or someone you love has been injured in a car accident, contact the law office of Robert Armstrong today for help.
Why Medical Care is Necessary After a Car Accident
Oftentimes, when you are in an automobile accident, your adrenaline starts flowing immediately after the crash. When that happens, it’s hard to determine whether you have injuries, because the symptoms of serious injuries are not visible at the time of the accident.
That’s why it is so important to see a doctor as soon as possible after an accident.
There are two main reasons for needing to seek medical attention immediately:
What are the symptoms of serious injury after a crash?
Although injuries are not always immediately felt after an accident, there are some symptoms that can occur right after a crash — or several days or weeks later. Here are a few signs that you might be seriously hurt:
What should you do before you see the doctor?
Here are some things you should do while you’re in the waiting room of the hospital or doctor’s office, if you’re able to:
What should you do after you see your doctor?
After you see your doctor, it’s imperative that you do the following things:
Reviewing your medical records
When you obtain copies of your medical records, you should review them thoroughly and make sure the following things are completely accurate:
Why are these things so important? Insurance companies and defense attorneys will comb through these details over and over, looking for any inconsistencies that they can use to attack your credibility and not pay you the award to which you are entitled.
If you find any errors while you are reviewing your records, make sure your doctor corrects them and gives you new copies of the corrected records.
Car accidents are a huge pain in more ways than one. That’s why it’s so crucial that you hire an experienced personal injury attorney to counsel you and ensure you get the monetary compensation you deserve.
If you or someone you love has been in a car accident, contact Robert Armstrong’s office today.
What to do if you’re hit by an Uber or Lyft driver
What happens if you get into a car accident for someone who is driving for Uber, Lyft, or a similar car service? Who can you make a claim against? Will any insurance coverage come into play?
Uber and Lyft are relatively new car services that compete with taxis and other car services in several major cities. Uber and Lyft are similar to many taxi services in that they do not own, operate, or control their cars, and do not hire their drivers. Rather, their drivers contract with them to pick up passengers on behalf of the companies. The major differences between Uber and Lyft, on the one hand, and taxis and traditional car services, on the other hand, is their pricing structure and how customers get an Uber or Lyft driver.
Unlike taxis, customers cannot hail an Uber or Lyft driver on the street. Rather, customers download the Uber or Lyft app to their smartphone and arrange for a driver through the app. Pricing for a ride can vary. Some rides can be cheaper than a standard taxi, and other rides can be more expensive than a standard taxi. One unusual aspect to Lyft’s operation is that passengers do not technically pay for their ride. Instead, the drivers are supposed to receive “donations” from their passengers.
Who is Liable If You are Hit by an Uber or Lyft Driver?
As in any car accident case, the person bringing the claim must be able to prove two things in order to win the case: liability (who was at fault for the accident) and damages (how badly the plaintiff was injured). If you were hit by an Uber or Lyft driver, you must be able to prove that someone was negligent in order to have a claim.
The primary defendant will of course be the Uber or Lyft driver. Your most straightforward legal case will be against that person, and it would proceed just like any car accident claim. You would find out who the driver’s insurer is, and then make a claim with the insurer.
The other potential defendant, if you were hit by an Uber or Lyft driver, would be Uber or Lyft themselves. However, one problem in suing these companies is that they are so new that their legal liability for their drivers’ actions is still being sorted out in the courts.
Another problem is that Uber and Lyft expressly disclaim any liability for their drivers’ behavior, contending that their drivers are independent contractors, and that the companies do not control the drivers in any way.
That may well be true, but one potential claim against Uber and Lyft is their selection process for their drivers. To the extent that their selection and vetting process of potential drivers is at all inadequate, a person hit by an Uber or Lyft driver may be able to maintain a claim against the company for negligently permitting a driver to operate a car on its behalf.
Is There Insurance to Cover My Claim?
Insurance coverage is another potential problem in a claim against an Uber or Lyft driver. Although Uber and Lyft require their drivers to have car insurance (which is not necessarily meaningful because almost every state requires drivers to have car insurance) and the companies themselves provide some additional coverage for their drivers, there still may be some significant gaps in the drivers’ coverage.
This is because not all private car insurance provides coverage for accidents that occurred while the car was being operated for hire. So, an Uber or Lyft driver’s car insurer may disclaim coverage for any accidents that occurred while the driver was on call.
Again, Uber and Lyft are so new that the legal aspects of their service are still being worked out in the courts. If you are hit by an Uber or Lyft driver, you should certainly contact a lawyer in your state as soon as possible for sound advice on the driver’s potential liability under your state’s laws.
Learn more about car accidents and car insurance coverage.
What to Do After the Accident — Gathering Evidence
The first thing that you should do after any car accident is get the names and contact information of all of the witnesses to the accident. The second thing that you should do is take pictures immediately. If you have a camera or a camera phone, take as many pictures of the accident scene and the cars involved in the accident as you can, from as many angles as you can, before you leave the scene. If you do not have a camera or are not physically able to take any pictures after your injury, ask if anyone else has a camera and is willing to email you the pictures. Otherwise, have a friend or relative take pictures as soon as possible.
You should also call the police from the accident scene. Many states have a law requiring the police to be informed if a car accident causes bodily injury or more than minor property damage, but, in an accident with a taxicab or Uber/Lyft driver, you will generally want the accident to be officially recorded as soon as possible. Insist that all drivers stay around until the police arrive.
Understanding Settlement and Release Agreements
You’ve finally come to the end of the long and drawn out litigation process, and it’s time to settle your claim once and for all.
The way that most cases are ended is not with a jury or a judge, but with a settlement agreement.
Although it sounds simple, it’s usually not. A settlement agreement is a critical and powerful piece of your case.
When should you use a settlement and release agreement?
You should pull out a settlement and release agreement when:
What should be included in a settlement and release agreement?
Settlement and release agreements should typically include the following:
Depending on the nature of your claim, a judge or another officer of the court might have to sign off on the settlement agreement.
This is why it’s so important to hire an experienced attorney to handle your case from start to finish. Contact Robert Armstrong’s office today for help.
5 tips for choosing the best personal injury lawyer
Perhaps the most important task you have after an accident with injury is choosing the personal injury lawyer in North Carolina who is right for you. After all, so much depends on it.
Here are some tips for selecting the best personal injury attorney:
Hiring a personal injury attorney is a key step in recovering all the money you deserve after an experience as traumatic as an accident. Be sure to follow these steps in selecting the right attorney for you. If you or someone you love has been in an accident, contact Robert Armstrong’s office today for help.
Essential Motorcycle Insurance Coverage to Purchase In North Carolina
If you own a motorcycle in North Carolina, you must have it insured, according to state law.
The minimum coverage you can have on your motorcycle in North Carolina is liability.
What are the mandatory motorcycle insurance coverage requirements in North Carolina?
Here are the mandatory insurance requirements for motorcycles in North Carolina:
When you’re shopping for motorcycle insurance, remember that these requirements are the minimum coverage by law. You can add more coverage if you believe you need it.
What are the optional coverage options for motorcycles?
Aside from liability insurance, most insurance companies that write motorcycle policies will offer other types of optional coverage that will give you added protections for damages and injuries you might incur if you are ever in a motorcycle accident. These include:
Even though the state keeps track of whether you have insurance through insurance companies that notify the DMV if there’s a lapse in coverage, you are still required by law to show proof of insurance if asked by law enforcement. All you have to do is keep your current insurance card on you at all times.
What are the penalties if you fail to maintain proper insurance for your motorcycle?
Now that you know what kind of insurance coverage you need, what can happen to you if you fail to keep proper insurance on your motorcycle?
Well, that depends:
If you or someone you love has been in a motorcycle accident, contact Robert Armstrong’s office today for help.
Why you should have uninsured motorist coverage
Did you know that an estimated one out of every eight drivers on the road are driving without car insurance? In some states, the number is much higher – as many as one out of every four drivers going uninsured.
With those scary statistics, it’s smart – and required in some states – to have uninsured/underinsured motorist coverage on your insurance policy.
Even if you weren’t required to have it, if you don’t carry it then you put yourself at risk for footing the bill if an uninsured or underinsured motorist hits you. And as we all know, with car damage, physical injuries, lost wages and so many other factors in play, you don’t want to be stuck with the bill.
Which states have the highest number of uninsured motorists?
In 2012, some 29.7 million people drove around the country without car insurance. THe following states had the highest rates of uninsured motorists:
What kind of insurance requirements exist in North Carolina?
Aside from uninsured/underinsured motorist coverage, North Carolina drivers are also required to have the following minimum liability coverage, which will be paid by your insurance company if you are involved in an accident and it’s your fault:
What other insurance options are there in North Carolina?
Aside from the required liability and uninsured/underinsured motorist insurance requirements in North Carolina, most insurance companies offer the following optional coverage as well (note: if you have a car financed or you’re leasing your car, your financial institution will require you to have collision and comprehensive coverage on your vehicle):
If you’ve been involved in a vehicle accident, it’s important that you contact an experienced attorney to help with the complexities of insurance and other aspects of your case. Contact Robert Armstrong’s office for help.
The process of a personal injury claim
If you’ve been in a car accident, there’s a long road ahead to settling the claim and getting what you are owed. It’s a complicated process, which is why one of the first things you should always do is contact an experienced personal injury attorney.
What happens when you meet with a personal injury attorney?
Here are a few things you can expect when you have your first encounter with an injury lawyer:
What happens after you hire a lawyer?
Once you hire a lawyer, he or she will begin the process of filing a claim with the insurance company, or filing a suit in court.
Here are a few things to note about this stage:
What happens during the settlement phase?
The good news is that most personal injury claims don’t ever reach a courtroom. They are usually settled before it goes to court.
Here are some things to talk to your attorney about when it comes to the settlement phase:
If there’s anything you learned from reading this, it’s that personal injury cases are very complex legal matters, and they should always be handled by an experienced injury lawyer. If you or someone you love has been injured in a car accident, contact Robert Armstrong’s office today.