How to File a Property Damage Claim After an Auto Accident

On July 11, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Car Accident Lawyer in Las Vegas

Whether you’ve been involved in an car accident on the Las Vegas Strip, a Pahrump sidestreet, or on Interstate 15 (I-15), you’ll need to file a property damage claim with an insurance company in order to receive funds to cover vehicle repairs.

The first issue you must address is which driver was at fault. If another driver caused the accident, you can choose to file the claim under his or her insurance policy. However, you may not get enough money to offset your repair expenses. If the other driver’s insurance policy has a maximum coverage limit that is less than your repair bill, you will have to make up the difference. Nevada drivers are only required to maintain $10,000 worth of property damage coverage on their auto policy.

It may be more cost-effective to opt for filing a property damage claim with your insurance company if you have higher insurance coverage limits for your vehicle. But you will still have to pay a deductible, which is usually between $100 and $1,000. And your insurance company may use the accident as a reason to increase your premiums in the future.

Before notifying an insurance company about your accident, get two or more written repair estimates, a copy of the accident report filed by police, and any invoices related to storage, towing, or rental expenses if applicable. If the total damages to your vehicle surpass 80 percent of its value, then the insurance company will total it.

If you feel that you are not getting proper compensation after filing your property damage claim, consider contacting a car accident lawyer. 

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Those Pesky Insurance Adjusters

On July 8, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

You’ve been in a fender bender in Pahrump, or a head-on collision in North Las Vegas, or a rollover accident in Henderson. You’re trying to recover from your injuries, arrange for alternate transportation, and perhaps even work through your fear of driving again.

Then a few days after your accident, you get a telephone call from an insurance adjuster.

Unfortunately, this is part of the process of getting the compensation you deserve. But if you handle the conversation with the adjuster poorly, it could have a negative effect your claim. So here are a few suggestions.

Refuse to be recorded on tape. The insurance adjuster will ask you for your permission to make an audio recording of your phone interview. Do not give it. Tell them to get the necessary details from the police report. Putting your comments on tape gives the insurance company an opportunity to use your words against you later.

Provide only the necessary information. Give the adjuster your name and address – and make sure you get the same from them (as well as their phone number and company name). Say when and where the accident took place and give a general description of how you were injured. If the adjuster asks for more details about your injuries, say that the medical report will be sent to them as soon as your health has been fully assessed by a physician.

Do NOT agree to anything! Make sure that your attorney reviews your case first. If the adjuster sends you some paperwork to sign a few days after your phone conversation, do not sign it until you show the documents to your lawyer.

If you’re nervous about a phone conversation with an insurance adjuster, ask your personal injury lawyer for advice and guidance on what to say. 

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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What is an Independent Medical Examination?

On June 10, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Car Accident Lawyer

If you have filed a personal injury lawsuit against another party, their attorney may request that you submit to an independent medical examination. In other words, the defendant might want another physician to examine you and verify the injuries for which you are seeking damages.

Don’t be insulted; the defense isn’t necessarily accusing you of fraud or lying. They are simply trying to do everything they can to prevent their client from paying out a large sum of money.

When an independent medical examination is called for, your attorney and the defense lawyer will decide upon an appropriate physician who will conduct the exam. You will not have to pay for this appointment, and you should not have to travel a long distance to get to the doctor’s office.

The examining physician will be focusing on a number of things, including:

  • The severity of your injuries
  • Whether your pain was caused by the accident
  • Why various tests were performed during your initial doctor visit
  • What treatment and therapy were recommended by your doctor

The number one rule to follow during an independent medical examination is: don’t lie about anything. The physician will probably ask you several questions about your injuries and pain levels. If the doctor suspects that you are being anything but honest, he or she will make a note of it in the final report. The defense will then try to imply that you were being untruthful, which could wreck your case if it goes to court.

So whether you were hurt in a car wreck in Pahrump, burned in a structure fire in Clark County, or injured after slipping and falling in a North Las Vegas supermarket, chances are good that your personal injury lawsuit may involve some sort of an independent medical examination.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Personal Injury Claim Can Be Ruined by “Little White Lies”

On May 28, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Summerlin Injury Lawyer

If you’ve hired a Las Vegas personal injury lawyer to handle your injury claim, don’t hold anything back. Tell your lawyer everything. It is crucial. Why? Because if you hold back relevant information or decide to tell a “little white lie” about the cause of your injury or anything else, it could wreck your personal injury case.

Insurance defense lawyers look for anything to try and discredit your case. Even the smallest variance in your testimony or description of what happened can leave an opening for the other side to try and portray you as someone not to be believed. If it is determined you did fabricate a fact or made an intentional misstatement, the judge can order a “Falsus In Uno” which means the jury can disregard a portion, or all, of your testimony.

What I commonly encounter are clients who say, “I wasn’t lying, I just didn’t think that fact or tidbit was important.” It’s understandable, especially since even the smallest piece of information can be manipulated by a defense lawyer. This is why you need to leave it all on the table with your lawyer. Don’t hold anything back, even if it is something random like a gym membership or an unpaid department store credit card.

You might feel a little uneasy about sharing personal information with your lawyer, especially at the beginning when you haven’t really developed a strong relationship. Rest assured, your information is safe. The law provides “attorney-client” privilege which means that whatever you share with your lawyer remains between you and your lawyer.

Being upfront and completely honest with your lawyer will not only help prevent your case from getting torpedoed in court, but it can actually strengthen it. How? Well, the more information you provide to your lawyer, the more avenues are available for your lawyer to build your case and ensure there are no holes available to defense lawyers during settlement negotiations or at trial.

So remember – honesty and transparency are always the best policy.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Three Ways To Dramatically Strengthen Your Personal Injury Case

On May 24, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Injury Lawyer

It’s quite common to be confused and disoriented after a car wreck, especially if you suffered an injury like a broken neck, shattered pelvis, cuts, bruises, etc. Your mind is focused on making sure you, and anyone in the car with you, is okay along with the condition of the at-fault driver. But it is in these moments where you can drastically strengthen your future personal injury claim. Here’s how:

1.    Take notes

Writing down the date, time of day, location of the car crash (like I-95, I-215, or some other road in and around Las Vegas), weather conditions, road conditions, and what led to the accident are extremely important in determining liability. Of course, this applies only if you are capable of taking notes (some people are unconscious after an accident or injured their arms). If you get knocked out due to the accident and regain consciousness at the hospital, call a friend or family member and tell them exactly what happened while it is still fresh in your mind. If police are called to the scene, they will write an accident report, but having your own set of records could prove invaluable when dealing with the insurance claims adjuster, especially if there are any disparities with your account of the accident and the at-fault driver. 

2.    Get the names of any witnesses

Get the names of people who were on the sidewalk (if applicable to the scene of your accident) and any drivers who stopped to help after the accident occurred. If necessary, we can call on these people to be eye witnesses to help determine who was at fault for the car wreck.

 3.    Keep a journal and any documentation related to the accident/injury

As you recuperate from your injury, keep a journal of any conversations you have with doctors, police, insurance claims adjusters, witnesses, and the other driver. A written account of these conversations will only strengthen your personal injury claim, especially if the other driver suddenly changes their story and tries to deny liability (this happens quite often). You should also keep all documentation related to the car crash including medical records, insurance forms, and any e-mails or correspondence you have about the accident.

If you follow these three strategies after your car accident, there’s a greater chance you’ll receive a sizable recovery for your personal injury claim to help cover medical bills, lost wages, pain and suffering, and any punitive damages that may apply. I can’t guarantee anything, but the more information, the better.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Insurance Policy Loopholes Becoming More Common

On May 20, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Injury Lawyer

Most insurance policies are written in tough-to-understand legal jargon which can frustrate residents of Summerlin, Las Vegas, Clark County, etc. But you need to understand what is in your policy because what is says, and does not say, could play a major role in the compensation you receive (or not receive) after suffering a serious injury from an accident.

The trend nowadays is insurance companies slipping tough restrictions and exemptions into that hard-to-understand language of their policies. There are many instances where the restrictions and exemptions are contradictory to the type of insurance coverage being purchased, and in some cases, make your coverage virtually worthless. You could argue that these policies are basically profit engines for the insurance company.

There are two common scenarios where someone finds themselves covered by a “near-worthless” insurance policy. The first scenario, and growing in commonality, is purchasing insurance online. This is extremely convenient and could save you some money initially, but you could be deprived of all the intricate details in your policy. The second scenario is actually speaking to an agent, but the agent fails to give you all of the facts and slips in very important provisions in the “fine print.”

Take, for example, Uninsured and Under Insured Motorist (UM/UIM) coverage. Many people believe when they purchase UM and UIM coverage that if they are seriously injured by a hit-and-run driver or someone who does not have adequate insurance, they will be compensated through this coverage. However, some insurance companies are starting to restrict and exclude certain situations and circumstances from this type of coverage. A common restriction starting to appear is coverage only applies if you are involved in an accident in your car, not a friend or relative’s car. This is despite the fact that most people believe they will have UM and UIM coverage regardless of what vehicle they are in at the time of the wreck.

If you’ve been seriously injured in a car accident, truck wreck, or any other accident  and are having trouble with your insurance company, give me a call right away. I deal with insurance companies on a daily basis and understand how to combat some of their common strategies to reduce or deny your injury claim.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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How Las Vegas Insurance Companies Value Property Damage on Your Wrecked Car

On May 6, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Personal Injury Lawyer

You’ve been involved in a car crash in Las Vegas, Summerlin, Boulder County, or some other part of Nevada and, on top of suffering a serious injury, your car is totally wrecked. What should you do? How do you get a rental car? Who will pay to repair your car? These are all very important questions and you deserve answers.

car, accident, Las Vegas, Summerlin, Clark County, Nevada, injury, injuries, wreck, crashFirst and foremost, you should understand that the insurance company will view the property damage claim on your wrecked car and your personal injury claim as two separate claims. Nevertheless, you should not discuss your injury claim with the property damage claim adjuster.  Why? Because even though these adjusters work in different departments, they work for the same insurance company. This means, if you divulge sensitive information, it could be used against you in the personal injury claim process.

But before you file an injury claim, you need to get to your home, apartment, or hotel. This is where getting a rental car comes in to play. You have three options when trying to get a rental:

(1) Contact your insurance company to see if you have rental car insurance and then have them arrange getting the rental car for you. They’ll probably use the subrogation clause of your insurance contract to get reimbursed by the at-fault driver’s insurance policy. This is usually the quickest method of obtaining a rental car.

(2) Wait until the at-fault driver’s insurance company opens a claim and accepts liability (i.e. responsibility) for the accident. This takes longer. In fact, it could take weeks.

(3) Rent a car with a credit card and seek reimbursement once liability is accepted by the at-fault driver. The problem with this option is that you expose yourself to being on the hook for the rental car if the at-fault driver is uninsured or denies liability and makes you go through a lengthy litigation process.

What happens if your car is totally wrecked and can’t be repaired? Well, unfortunately, Nevada law does not require payment of “replacement value” just “fair market value.” This means you’re at risk of receiving some compensation to purchase a new vehicle, but it’s not enough to replace the real value of your wrecked car.  This presents a problem since some people owe more on a car than it is actually worth.  This may mean you have to make payments on a totaled car. A solution to this problem is to carry GAP insurance. This type of insurance will pay any remaining balance on your loan if your car is wrecked. I would recommend purchasing this insurance if you are making monthly payments on a car.

If you’ve hired a lawyer to handle your personal injury claim, feel free to discuss your property damage claim (you have attorney-client privilege so no worries about sharing sensitive information) and see what your legal options are to ensure maximum compensation.  We assist all our clients with their property damage issues free of charge.

About the Editor: Farhan R. Naqvi is a Nevada personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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