Donald L. Jacobs, Attorney at Law - NW Injury Law Center

No. Most accidents are clearly the fault of one party. The police report is available to both sides. Although the other driver's company needs to find out what happened, most lawyers advise against letting them record your voice. This is especially true if you've suffered an injury in the crash. Often times these simple recorded statements turn into lengthy interrogations about you, your past medical history and what your doctors have told you. Questions that might be confidential by law if you were in a courtroom can be asked with impunity here. Visit http://www.nwinjurylawcenter.com for more information!

This can be a tough one. There is no industry formula of three times your medical bills. Although most cases never go to court, your case is worth what a jury of 12 people would find fair in compensation for what you've lost. The law allows you to ask for payment of your medical bills, lost wages and any property damage. You are also entitled to be reimbursed for things sometimes hard to value. Scarring, disfigurement, mental anguish, disability and the toll the injury has taken on your lifestyle must be considered. Every case, like every person, is different. If you have anything other that a minor injury, seek legal advice from an attorney who is an expert in this area. Ask how many cases like yours they've handled. Don't rely on the other driver's insurance adjuster to give you legal advice. A lawyer can explain your rights, answer your questions and tell you the cost and time it takes if your case can't be resolved through negotiation. Most lawyers will do this first interview for free. An experienced attorney can also tell you what cases like yours are bringing in the courts. http://www.nwinjurylawcenter.com

Often an insurance adjuster will contact you right after an accident. They may appear very friendly and sometimes even send you a written "Customer Service Pledge", in an attempt to convince you your case will be handled fairly and paid at full value when settled. But beware, in order to interact successfully with an insurance company, you must become a fully informed consumer.

First, keep in mind, an insurance company is a business. Their whole purpose, like that of any other business, is to make a profit. The way you make a profit as an insurance company is to take in more than you pay out.

Second, keep in mind, insurance companiy's are usually very large corporations with highly trained personnel. Their people know the fine details of the law and know what steps they can take to defeat or minimize the value of your claim. Although some companines do treat people fairly, it is important to remember their only legal obligation is to protect their customer, not you. It is their job to take whatever measures they can to defend against your claim or to make it have as little value as possible.

The questions below can be an important barometer of whether or not the insurance company contacting you intends to deal with you fairly. If the company balks at giving information which would put you on an equal footing with them, or refuses to give information which you are entitled to by law, this is an important red flag. Unless you have experience in claims handling, a working knowledge of tort law and the resources to handle a confrontational relationship with an insurance adjuster, now is the time to get help.

1. "Will you admit fault for the accident?"
This is an important first question. Most accidents are clearly the fault of one party or the other. Unless your case is questionable, the insurance company should step up and admit fault at the outset, just as you would do if it were your fault. If they won't, this is an important red flag you may have more problems later. Ask for it in writing.

2. "How much insurance coverage does your driver carry?"
You are entitled to this information under both Oregon and Washington Rules of Court. ORCP 36 B(2), WCR 26 b(2). In fact, if a suit were filed, you would be entitled to a complete copy of their policy. If this information isn't forthcoming, you may have a problem later. Once again, get it in writing.

3. If you let the insurance adjuster record your version of the accident, ask for a copy of the recording they took from their driver.
They have both versions, why shouldn't you? If they refuse, this is a real red flag they intend to monopolize the information in the case, usually to your detriment later.

4. "Will you pay for my car to be repaired to manufacturer's specifications, without used or after market parts?"
After market parts can lower your car's value and make it unsafe on the road. Insurance company's save millions of dollars working with body shops that agree to use after market parts. Make sure your car isn't repaired that way and of course, once again, get it in writing.

5. "Will you pay for my medical bills and lost wages as they are incurred?"
Many companies do so when the blame for the collision rests clearly with their driver. If they won't, this can be an important red flag they intend to dispute these items later.

6. "Do you mind if I consult a lawyer?"
If they do, or try to convince you not to, another important red flag is raised. Insurance adjusters are trained to keep you away from a lawyer if they can. Why? Because knowledge is power in this relationship. If you get professional help, they lose the ability to control the information on the claim. They may tell you getting a lawyer will only mean you'll lose 1/3 of your settlement to the attorney as they pay the same settlement whether you get a lawyer or not. Nothing could be a bigger myth. The proof is right from the insurance companies. Allstate Insurance documents show that consumers with attorneys filing clams against Allstate received 2 to 3 times more in awards than those dealing with Allstate on their own. (Taken from Allstate Insurance Company, Unrepresented Segment Training Manual, July 1995) This is a big red flag. If an adjuster appears unhappy about your desire to consult a lawyer, you probably need one

The NW Injury Law Center was created by trial attorney Don Jacobs so injured consumers could choose a law firm that devotes all of its resources to helping injury victims. The firm's only focus is the representation of injured consumers. Every individual who works at the firm is highly trained and very knowledgeable about personal injury and insurance law. The firm uses a team approach to make sure every client receives excellent service and the maximum recovery on their claim.

Mr. Jacobs, the firm's trial attorney, has litigated cases against negligent drivers, insurance companies, manufacturers, corporations, and government entities for over twenty years. Since 1979, he has helped thousands of injured consumers obtain fair compensation for their injuries. Mr. Jacobs is licensed in both Oregon and Washington and admitted in state and federal court. He has served on the governing body of the Washington State Trial Lawyers Association and was elected to the Oregon Trial Lawyers Association governing board in 2000. He has won awards from both organizations.

The law firm's motto is "Straight Answers, Winning Results". The firm lives up to this motto by having friendly, highly competent employees who do their best to give each client the type of service they would expect for their own friends and families. The firm also employs the best legal investigators in the area and employs specialized medical personnel to accompany clients to insurance medical examinations to make sure their rights are protected.