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What You Need to Know

Ten things the other guy’s car insurance company does not want you to know…

  • That you, not they, can choose the body shop where you get your car repaired.
  • That you need not accept their offer on your car if you think it’s too low.
  • That they must pay for a rental car if you need one.
  • They have a duty to pay your first five (5) days of work loss.
  • Even if you settle with them, you can keep your medical and wage loss claim open with your own insurance company.
  • They have to pay for “hidden damage” to your car that is discovered during the course of the repair.
  • They are on the hook for doctor bills once your car insurance runs out if you do not have private insurance.
  • That they are liable for the aggravation of a pre-existing medical condition if the injury from the accident aggravates it.
  • That they still have to pay the claim even if you refuse to give them a recorded statement.
  • That most attorneys handling these claims handle the property damage, medical bill and work loss claims for free.

What to do if you are injured by a defective product…

  • Preserve the product. Do not discard or modify it in any way.
  • Photograph and videotape the product and the place where it is located.
  • Locate all maintenance records for the product.
  • Locate any owner’s or instruction manuals that came with the product.
  • Locate any warranties that cover the product.
  • Do not attempt to reuse the product in any manner.
  • Locate receipts or other documents establishing time and place of purchase.
  • Do not give the product to the manufacturer or seller’s insurer.
  • Do not give a written or telephone statement to the manufacturer or seller’s insurer or representative without first understanding your rights.
  • Review the facts with an attorney with experience in the handling of this type of case, also known as a products liability case.

What to do if you are involved in a work-related accident…

  • That in most cases, you can treat with your own doctor and do not have to treat with a company doctor.
  • That unless you return to work at your pre-injury wages, the insurance company cannot stop your benefits without an order from a workers’ compensation judge.
  • That you do not need pre-authorization from the insurance company to undergo surgery.
  • That you are not required to see a company doctor for a second opinion prior to undergoing surgery.
  • That if you are working more than one job at the time of your injury, the insurance company must pay you wage benefits for all the jobs you are unable to work, not just the job on which you were injured.
  • That if your doctor does not release you to return to work, you are not obligated to return to work, even if the company doctor releases you to return to work.
  • That if the insurance company has assigned a rehabilitation nurse to your case, you do not need to make your medical appointments through him/her nor do you need to inform him/her as to the date and time of your medical appointments.
  • That even though you may be designated an “independent contractor”, you are still likely to be entitled to workers’ compensation benefits.
  • That if you aggravate an old injury while working, the aggravation is considered a new injury and you are entitled to benefits for this injury.
  • That a heart attack, which is at least partially triggered by work stress, is a compensable injury, whether or not the heart attack occurs at work.