Alaska Personal Injury Blog - Automobile Accidents - Most Popular

The Insurance Company Fixed My Car, But Who Pays for My Lost Re-Sale Value?

James Cool — Mon, 01 Jun 2009 23:06:40 GMT

So you’re involved in an auto-accident. Your vehicle is wrecked. You are injured. Perhaps you never contacted an attorney and just handled things through your and the other guy’s insurance company. The insurance company pays for your medical bills. They pay to repair your car. Maybe they even give you a little money for your pain and suffering. But you have to be wondering: “What about the damage to the value of my vehicle? It’s not worth what it used to be, it’s been in a big wreck. What will my Carfax say? How will I ever sell this thing?” If you’re asking yourself these questions, then you’re on the right track. Compensation for the reduced total value of your vehicle after collision repairs is known as a diminution of value claim. In English, that just means a claim which pays you for the reduced value of your car. Imagine two identical cars. They are the same color, make, model, interior and they have the exact same amount of mileage. They were both owned by little old ladies who only drove them to church on Sunday. The only difference between these two cars is that one was recently involved in an accident and had $5,000 worth of repairs and the other did not. Which one do you think is worth more? Obviously the car with no history of body repair. That is diminished value.

But who pays for that? The answer is the other guy’s insurance company. In many states, insurance companies draw a clever distinction between what are called first party and third party insurance claims when it comes to diminished value. A first party claim is when you make a claim against your insurance and you are at fault for the damage (think of when your 16 year old backs into a pole). A third party claim is when you file a claim with the other guy’s insurance company and they are at fault. Not all states will pay for diminished value on first party claims. But every state authorizes payment for diminished value on third party claims. In other words, if you’re in a wreck and it is someone else’s fault, their insurer needs to pay you for the reduced resale value of your vehicle.

But how do you figure out how much less your car is worth as a result of the crash? That is where collision consulting companies come in. One way is to seek out the advice of independent professionals (not the other guy’s adjustor). An example of this type of company can be found here. Another way to get a grasp on the value of your loss is to contact an attorney who handles auto accident cases regularly. These folks aren’t always experts, but they usually know people who are and have a pretty good sense of the value of a case based on their experience helping victims of auto negligence.

Most importantly, don’t let the insurance companies lie to you about diminished value claims. Take some advice from the good folks at Collision Centers (link above):

Don't believe the insurance company when they say:

"We don't pay for diminished value"
(Every insurance company pays diminished value claims)

"Diminished value isn't recognized in this state"
(Diminished value is recognized in third-party settings in every state)

"The repairs restored the vehicle to pre-loss condition, so there is no diminished value"
(It is the accident history that causes diminished value)

"There is no diminished value because the frame wasn't damaged"
(It doesn't matter if the frame/unibody was damaged -$5,000 worth of damage is $5,000 worth of damage)

Also, remember that it isn’t always the other driver who causes diminished value. Your car’s value can also be damaged by:

1.) Faulty repairs. If this happened to you, contact an attorney as soon as possible.

2.) Insurance related loss. This is where the insurance company refuses (wrongly) to authorize necessary repairs and as a result your car is damaged or unrepaired. If this happens to you, contact an attorney.

No matter what happened to you or what the insurance companies try to tell you, remember that no insurance company is your friend. You are not “in good hands” and they are not your “family” and they are most certainly not “on your side.” If you have any questions, or ever need advice related to an accident, contact an attorney who handles cases like this. For a list of good attorneys, visit: www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Donn Johnson Dies In Alaskan Car Crash. Here's What His Family Should Know...

Ward Merdes — Tue, 27 May 2008 02:46:53 GMT

The Peninsula Clarion reports that Donn P. Johnson, 53, of Cass Lake, Minn. was killed in a head-on collision at approximately 1700 on Saturday. The wreck occurred on Kalifornsky Beach Road and involved Elizabeth Miller, 54, of Soldotna. Ms. Miller's 2003 Honda Element apparently crossed into Johnson's lane, strikingJohnson's 2000 Hyundai head-on.

Mr. Johnson's family should be aware that it is illegal to cross the center-line in Alaska. We are not allowed to drive on the left side of a roadway. When a driver, such as Ms. Miller, crosses the center line and causes injury/death, she is legally responsible. The relevant driving regulation is 13 AAC 02.060. It provides:

13 AAC 02.060. Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

(2) when approaching within 100 feet of or traversing an intersection or railroad grade crossing unless otherwise indicated by an official traffic control device; or

(3) when the view is obstructed upon approaching within 300 feet of a bridge, viaduct, or tunnel.

The Johnson family should also be aware of AS 09.55.580, our wrongful death statute. It allows family members, dependents, to bring claims for wrongful death. And, automobile insurance is mandatory in Alaska. Once you are emotionally stable, it makes sense to bring a wrongful death claim.

They should also be aware that the decedent's OWN insurer is on the hook for Underinsured Motorist coverage. Finally, recall that the Statute of Limitations for personal injury and death in Alaska is but two years. Take action soon.

Frankly, you should call a lawyer to help you. Do it today.

Just don't call me. Whenever I write these pieces, outlining a person's legal rights and suggesting that a victimcontact a lawyer, I get flamed for being a vulture. It seems some folksprefer that victims like the Johnson family get eaten alive by insurance companies, rather than know their rights. Whatever. Just be sure to call a lawyer - any qualified Alaskan lawyer - today. I wish you well.

Originally posted at InjuryBoard by Ward Merdes

I Was Hurt In An Accident...Who Pays My Medical Bills?

James Cool — Thu, 09 Apr 2009 03:04:40 GMT

If you were hurt in an accident, get immediate medical care. Do not delay receiving medical care until your insurance claim is settled. In fact, many insurance companies will ask that you provide receipts and proof of the treatment that you’ve received after an accident. These expenses are part of your claim, along with the cost to repair your car, rental fees, and the like. Injuries resulting from a car accident are common, and can range from minor to life-threatening. However, many injuries do not present themselves right away. So, even if you feel “fine” following a car accident, it is smart to get a check-up. You may still require medical attention in the days following an accident. Even if you have insurance coverage, you may be required to pay out-of-pocket for the medical treatment you require. If this is the case, make sure to keep track of receipts and paperwork.

One option to help with medical bills is to buy “Medical Payments” insurance (MedPay). MedPay is inexpensive, necessary and useful insurance coverage. It’s also easy to use. Most folks can add $50,000 of MedPay protection to their auto insurance package for as little as $3 extra per month, or less. The extra amount you pay will depend on how much MedPay coverage you select.

If you are then in an accident, you (and your passengers) will be able to go to any medical provider of your choice, and have that medical provider bill your insurance company directly for treatment. Additionally, you do not have to use all of your MedPay funds at the same place. Let’s say that you’re in a car accident where your head strikes the driver’s side window. The next day, you hurt in your neck. You have a bad headache and blurry vision. Your MedPay insurance covers: (1) the emergency room; (2) your family care physician; (3) your chiropractors; and (4) the neurologist. At the very least, MedPay gives you flexibility to get the medical care you need to get better. You can then take your time (watch the Statute of Limitations) to settles your insurance claim. If you are interested in MedPay, call your insurance agent.

Although you may be entitled to full compensation for all of your medical bills following an accident, it is unlikely that you’ll receive this money from an insurance company as soon as you need it. Consider protecting yourself with MedPay to cover out-of-pocket expenses, and if you need assistance with a claim or with getting compensation for your injuries, you may wish to speak with an attorney.

Originally posted at InjuryBoard by James Cool

2 Critically Injured in Wasilla Crash

James Cool — Thu, 25 Jun 2009 16:07:28 GMT

Wasilla, Alaska—The Fairbanks Daily News Miner reports that two motorists were critically injured near Mile 5 of Bogard road in Wasilla on June 1, 2009. The drivers have been identified as 41 year old Kathleen Coslow and 63 year old James Libby of Wasilla. Both drivers were immediately transported to hospitals from the scene. Both vehicles were totaled with property damaged estimated at $15,000.00. Alaska DPS reports that their investigation revealed that Ms. Coslow crossed the double yellow center line and collided with Mr. Libby’s vehicle, causing the accident.

I have searched the internet but cannot find any information on the status of the drivers. It is our sincere hope that both drivers have recovered from their injuries sustained in the crash and that no one suffers any long-term impairment as a result of the crash. However, there are a few things that the parties involved, specifically Mr. Libby and his loved ones, ought to know.

1.) The statute of limitations for personal injury cases or wrongful death cases is 2 years from the date of the accident. This means that any party has two years in which to contact an attorney and file your claim. If you wait more than two years, you may lose your claim forever. This means that even if someone else is responsible for your injuries and medical bills, they may not have to pay if you wait too long.

2.) The DPS website says that Ms. Coslow was at fault for the accident. But there may be more to the story. Any interested party should consider contacting Alaska DPS and obtaining a copy of the accident report. DPS was the first agency on scene and the observations they recorded will be critical if any lawsuits result from this accident.. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.)

3.) Either party may wish to hire an accident reconstructionist. It is possible that Ms. Coslow crossed the yellow line as a result of a road hazard or improper road design. Contacting an accident reconstructionist is the first step in determining the why behind the what happened.

4.) Remember that insurance companies are not your friends. They are not “on your side,” you are not “in good hands,” and they are most certainly not your “family.” Insurance companies are in the business of making and keeping their money. DO NOT TALK to the other driver’s insurance company. There’s no reason to. If they are calling you then….

5.) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered only as information and a whole-hearted encouragement for you to exercise your rights. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Serious auto accidents are tragedies. They dramatically impact the lives of those involved. They are stressful and altogether horrible experiences. But the misery of this is compounded by a failure to act. If you have been harmed by someone else’s negligence (just irresponsibility) you have a right to be compensated. You may have a right to have your medical bills, mileage, lost wages, and even your pain and suffering compensated. But if you don’t contact an attorney, you lose the right to be compensated for what you’ve lost. So please, if you’re not sure if you’ve been hurt or if you’re entitled to repayment for your losses, then contact an attorney who handles these types of cases.

Originally posted at InjuryBoard by James Cool

I was hurt in a car wreck. What's my claim worth?

Ward Merdes — Mon, 29 Jun 2009 02:26:29 GMT

I'm a personal injury attorney. We're asked this question every day. The phone rings. We hear about a wreck, a tragedy that changed the caller's life. We're then asked the dreaded question: "What do you think this claim is worth?" The caller then waits expectantly while we try to explain that we have don't (yet) have a clue.

Here's what's going through our minds:

1. The value of your claim depends on who was at fault:. If the "other guy" did something stupid (negligent) that hurt you, the law requires the other guy to pay your claim. Read that last sentence again: ONLY if the other guy did something stupid - and it hurt you - is the other guy responsible for paying your claim. I sometimes get calls from folks who hurt themselves - driving stupidly - and they want to know what I can do for them. The short answer is "nothing - you hurt yourself." They don't seem to grasp that tort law (personal injury law) exists to right wrongs , not to hand out money just because somebody got hurt.

2. The value of your claim depends on how badly you were hurt: If you were hurt just a little, you have a little claim. If you were hurt really badly, you have a large claim. The duration of your hurt is also a factor. How old are you? Can you expect to have problems for another 60 years (until you die) or another 10 years (if you're in your 70's). Medical records and bills must be examined by the attorney before he can give you a ballpark opinion on what your claim is worth.

3. The value of your claim depends on whether there are resources to pay your claim: Even if the other guy was negligent and you are seriously hurt, there may be no insurance or resources to pay your claim. In other words, if the other guy has no insurance, we'll have to file a claim against your own Uninsured Motorist (UM) insurance. Beyond that, you are out of luck. This is the foundation for the "deep pockets" argument. What attorney worth a hoot would advise a client to sue somebody who has no money to pay the judgment? Go ahead and scream about "only deep pockets get sued" - and the simple fact will remain that plenty of "shallow pockets" simply get away with hurting innocent folks like you.

4. The value of your claim depends on the jury: After the McDonald's "Coffee In The Lap" case - juries across America got cheap. The insurance industry profited mightily while juries gave little or nothing to injured folks just like you. This truth is the flip-side to conservatives screaming for "lawsuit reform." That "reform" means folks can run over people like you - and not be held accountable.

Finally, I need to know about you. I need to know how the injury actually affected your life. For example, if my knee was hurt in a car crash, and it took one second off my ski-time, it wouldn't amount to much of a claim. I'm a terrible skier. I scare children on the slope and (usually) end up rolling down the Bunny Hill. At the same time, what would one second be worth to an Olympic hopeful?

Or, if a wreck put a big scar on my cheek … it really wouldn't matter much. Only my mother and my wife think I'm handsome - and I suspect they'd continue deluding themselves even if I had a big scar. Yet, what if you put that same scar on Cindy Crawford or Julia Roberts? See the issue? The value of any personal injury claim depends entirely on how it affects YOU.

Originally posted at InjuryBoard by Ward Merdes

Summer Means Visitors

James Cool — Sat, 18 Jul 2009 12:29:42 GMT

Summer in Alaska is beautiful. The frigid snow and ice give way to 23 hours of sunshine, relative warmth, and beautiful natural scenery. While native Alaskans spend all year earning their birthright—enjoyment of an Alaskan summer—others come to Alaska but once a year to enjoy its majestic beauty and to work a variety of seasonal jobs. If you’re a visitor to Alaska for vacation, work, or any other reason, this post is for you.

We hope that your time in Alaska is joyous, safe, and memorable. However, if you find that you’re hurt during your stay here (and remember, the roads are dangerous—even in the summer time), then you need to keep a few things in mind.

Statutes of Limitations:

For most personal injury claims in Alaska, the statute of limitations says that you have two years from the date you are hurt to pursue your claims. In other words, if you do not contact an attorney and file a lawsuit or resolve your claim with an insurance company within two years, you may forfeit your right to be compensated for any injuries you suffered here.

While different types of claims may have different time limitations (especially claims against the state or federal government) your best bet is to speak with an attorney who handles injury cases as soon as possible. If you were hurt by a government employee or agency or while on government property, be sure to see someone within six months of the date of your accident or you might lose your claim.

Auto Insurance:

Because Alaskan roads can be treacherous, Alaska has uniquely strict auto insurance laws. Unlike many states which impose a 15/30 or 25/50 mandatory auto insurance coverage requirement, Alaska has mandatory 50/100k auto insurance policy requirements (25k in property damage coverage is also required). While this makes auto insurance a little more expensive for Alaskans, it ensures that most people have adequate coverage to take care of anyone they happen to injure.

Alaska also has unique laws regarding the stacking of underinsured/uninsured motorist coverage. If you’re involved in an accident, you can recover damages from the insurance of the person responsible (the guy who hit you), underinsured benefits from policy covering the vehicle you were hit in if, and if both of those don’t compensate you fully, you can recover from any underinsured coverage on vehicles you have at home until you have exhausted all coverage. This is true even if the vehicles at home weren’t involved in the accident at all. Some insurance companies (State Farm for example) write policies for every single car. If that’s the case, there may be a phenomenal amount of insurance available to cover any injuries and damages you suffer.

As always, the best thing to do is to contact an Alaskan attorney who handles these kinds of cases in order to determine what coverage is available to compensate you.

Wrongful Death Cases

Sometimes accidents are truly catastrophic and result in deaths. If someone you love was killed in an accident in Alaska, you will need to jump through a minor hoop in order to recover for your and the deceased’s losses. Under Alaskan law, you will need to have an attorney create an estate for the deceased. Any good personal injury attorney who has handled out of state accidents before can help you do this and you needn’t worry about it apart from finding yourself an attorney who has handled cases like this before.

Final Thoughts

Alaska is God’s country. It is some of the most beautiful scenery in the world. It is also home to amazing rivers, lakes, and mountains all of with play home to amazing outdoor activities. But all of this beauty comes with a price—Alaskan roads and the activities that Alaska provides such a perfect setting for can be truly dangerous. Always utilize caution and care when driving or adventuring around Alaska. Nonetheless, accidents happen. When they do, the best advice anyone can give you is to find yourself a qualified attorney who can tell you what your rights are.

Originally posted at InjuryBoard by James Cool

19 year old U.S. Army Soldier dies in Alaska Car Wreck

James Cool — Wed, 07 Jan 2009 16:01:41 GMT

Anchorage, Alaska—The Alaska Daily News reports that 19 year old soldier Travis Foster died in a car crash on the Tok Cutoff near Anchorage on December 21, 2008. According to reports, Mr. Foster was driving north on the cutoff when, for reasons unknown, he crossed the centerline and collided with a freightliner traveling in the opposite direction. Reports do not indicate what the possible causes of the accident may have been and do not specify whether drugs or alcohol were involved.

Our hearts and condolences go out to Mr. Foster’s friends and family. We are deeply sorry for your loss. While you must undoubtedly take time to grieve and mourn Travis’ death, it is also important that you be mindful of the rights you have as Travis’ survivors. We know that the weeks immediately following the death of a loved one can seem like a daze and are often very confusing, so here’s what you need to know:

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may never be able to recover for the damages associated with Travis’ death. As Travis’ successors you are able to bring a claim on his behalf to recover for damages associated with his death in the event that it was caused by the other driver’s negligence, or unsafe road conditions as a result of municipal negligence. In addition to being able to recover for the loss of Travis’ life and damage to his property, you may also be able to sue for any suffering he endured prior to his death but following the accident.

(2) You may want to investigate whether the driver of the freightliner (Ronald Auzenne of Lacey, Washinton) was on the clock at any job at the time of the accident. If he was working for someone when the collision occurred, you may be able to bring a claim against his employer(s) and their insurance company for compensation for Travis’ death and related expenses.

(3) Look into hiring a good accident re-constructionist. People do not typically cross over into the other lane of traffic without a reason. It’s possible that a flaw in the roadway’s design or a failure to properly maintain the roadway on the part of Alaskan government may be responsible for the accident. It’s also possible that the actions of another driver, one not mentioned in the article, may have caused the accident. The only way to know whether this is the case is to hire an investigator as soon as possible. If you wait too long, all the evidence needed to re-construct the accident may be gone. Feel free to contact Ward Merdes (info below) for a referral to an accident re-constructionist in Alaska.

(4) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to Mr. Foster’s family. If you would like a referral, feel free to contact Ward Merdes or try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully because icy Alaskan roads can be very dangerous. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

Cox Crossed The Center-Line, Killing Honeycutt & Injuring Aliment

Ward Merdes — Sun, 26 Aug 2007 15:55:33 GMT

Cox crossed the center line. Honeycutt & Harlan Aliment need to contact an attorney now.

Updated reports from the Alaska State Troopers show that Dan Cox, 64, of Eagle River, was driving a red pickup truck northbound with Harlan Aliment of Kaneohe Bay, Hawaii, when his vehicle crossed the center line of the highway and collided with the front end of Honeycutt's white van. Honeycutt was transported to Providence Alaska Medical Center in Anchorage where she died at 7:12 p.m.

All three victims were reportedly trapped in their vehicles. Emergency personnel found Cox's pickup on its side in a ditch off the roadway. A helicopter was dispatched from Anchorage when paramedics heard that three people were trapped, but was later recalled when paramedics determined that Cox and Aliment were stable enough to transport by ground.

Cox and Aliment were transported to Central Peninsula Hospital by ambulance. Due to extensive head injuries, Cox was transported to Providence Alaska Medical Center for further treatment. Aliment is at Central Peninsula Hospital in stable condition.

BOTTOM LINE: It appears that Cox was at fault for crossing the center line in violation of 13 AAC 02.085. Driving on roadways laned for traffic: "(a) A vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first ascertained that the movement can be made with safety."

Honeycutt's family and Aliment need to ensure that they file appropriate insurance claims ASAP. You need to seriously consider finding an attorney to help you.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ward Merdes

Mother Runs Over Daughter Inflicting Serious Injury

Mike Schneider — Fri, 04 Jul 2008 18:43:15 GMT

Minutes after she turned 49, Maidie Maillelle climbed into her pickup truck. She was too drunk to drive. Her daughter, Tammy Maillelle, tried to stop her, but Maidie ran her down. The incident happened in Grayling, Alaska this morning. Maidie is now under arrest and facing serious criminal charges. Her daughter was medivaced to Bethel for surgery with life threatening injuries. These facts raise interesting issues under Alaska law.

If Maidie is convicted of DUI, or assault, she will be conclusively presumed to be "negligent" in any civil case brought by Tammy against her. She will be conclusively presumed to be liable for 100% of Tammy's attorney fees incurred in the civil case. The civil jury will get to decide how much in punitive damages can be awarded against her.

If Madie or the truck was insured, Tammy should receive the liability limits. If the insurance company doesn't pay, and the case goes before a jury, the jury will be told of that the insurance company is the real party in interest. If Tammy is a resident and related to the named insured, and "exhausts" the liability limits, she will also have a claim for the Underinsured motorist coverage limits.

Because of likely difficulty in finding coverage and recovering from any exposed insurance carrier, Tammy will need the help of an attorney experienced in handling such problems.

Originally posted at InjuryBoard by Mike Schneider

Woman Ejected From Car Has Claims Against Driver

Mike Schneider — Tue, 09 Jun 2009 01:06:10 GMT

Kenneth Christenson, 51, was unhappy with his girlfriend and passenger. He forced her out of the moving vehicle at about mile 133 of the Parks Highway, drug her for some distance, and beat her, according to police. He has been charged with assault and driving while under the influence. The 25 year old woman has claims she can make against her drunk driver boyfriend. Even though his conduct may be found to be criminal, liability insurance on the vehicle he was driving, and/or her own uninsured or underinsured motorvehicle coverage should respond to her claims.

Originally posted at InjuryBoard by Mike Schneider