Third Parties That Can Claim a Share in a Auto Crash Settlement – St. Louis Attorneys

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A person who is injured in a car accident may succeed in getting a settlement after a lot of negotiation. But they may be surprised to learn that a major part of it has been paid to third parties and not much has come to him directly. This is due to the numerous liens on a settlement. All the liens should be taken into account when the settlement is being negotiated so that the settlement amount exceeds the person’s debts. Our St. Louis auto accident attorney will discuss this in detail.

Liens on a Car Accident Claim

A lien is the right of a person to possess the property of another person until he repays a debt. A lien holder can claim a share in the person’s car accident settlement. However, he has to get the approval of the court to do so.

Some of the parties which generally file claims for a car accident settlement are doctors’ offices, hospitals, health insurance and auto insurance companies.

Healthcare Providers

Doctors, hospitals and other healthcare providers are often some of the lien holders in a car accident settlement. Some of them may place a lien on the settlement while others may agree to a partial payment.

Hospitals and doctors bills may have to be paid from the settlement. Often, a doctors’ office or a hospital refuses to submit their billing through the person’s health insurance carrier. They prefer to issue a ‘claimed lien’ against the car accident settlement and wait for the full payment from the settlement when it is received. However, there are certain limits for the amounts that healthcare providers can claim from such settlements.

Health Insurance

The health insurance company takes up the responsibility for taking care of the person’s medical treatment and pays the medical bills for him. So it can request that the repayment is made from the car accident settlement. This depends on the kind of coverage. For instance, if the health insurance is via employment the person may have an ERISA protected plan. In such a situation, an ERISA lien could be placed on the car accident settlement.

Auto Insurance

If the person has medical pay in his auto insurance plan, some of his medical bills are paid by his auto insurance carrier. Therefore an auto insurance company can ask for a share in the settlement proceeds. But in many places, auto insurance carriers are not allowed to claim a share in a car accident settlement.

The plaintiff files a claim for a settlement in order to compensate for his losses. But, the lien holders have to be paid before he gets the settlement proceeds. If a major part of the settlement is used for paying the lien holders the claimant may not get enough reimbursement for his damages. In order to get a favorable outcome for him, it is essential to ensure that the claims made by the third parties are legitimate and have been taken into account during the negotiations for the settlement. An experienced St. Louis car crash lawyer can help get the compensation that you deserve.

 

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63105
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5 Things Insurance Companies Don’t Want You to Know – St. Louis Auto Injury Lawyers

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If you have been involved in a St. Louis automobile accident, your first instinct may be to call up the insurance company and get your claim sorted as quickly as possible. You may reason that they have your best interests at heart and you simply do not want the headache of dragging out your claim. However, it is vital that you speak with an experienced car accident lawyer as soon as possible after an accident. Simply put, there are things the insurance company DOES NOT want you to be aware of.

Top 5 Things Your Insurance Company Doesn’t Want Your to Know

  1. They are NOT on your side. The claims adjusters and insurance attorneys are working for their shareholders, not for you. Keep in mind that they are paid to minimize the money that is paid out to claimants.
  2. If you’ve been in an accident, a claims adjuster or attorney working for the insurance company is at the scene of the accident gathering evidence to minimize the amount of compensation you receive or deny your claim altogether. It is therefore, important to contact a personal injury attorney ASAP, so they can begin gathering evidence and witness testimony to support your claim for compensation.
  3. Insurance companies often ask confusing questions in an effort to have you admit to something you do not fully understand and that can be used against you in court at a later date. Do not give any statements to the insurance company without the representation of an experienced attorney on your side.
  4. If the person who caused your auto accident does not have sufficient coverage to cover your claim, and you have underinsured motorists coverage that exceeds their coverage, you may be entitled to compensation from your own insurance company. Our attorneys can help you make this determination.
  5. While insurance companies will do anything they can to discourage you from speaking with an attorney, it is important to realize that they have high-powered attorneys protecting their interests. This is why it is so important to have an experienced attorney on your side, protecting your interests.

If you have been involved in a St Louis car crash, it is very important that you speak with an attorney as soon as possible to gain a more than even footing with the insurance company and ensure your interests are protected.

At The Hoffmann Law Firm, L.L.C. our attorneys are here to help. We have over 15 years of experience and work on a contingency basis. This means we only get paid if you do.

Call (314) 361-4242 for a free and private consultation today.

Driving Safely Despite the Weather

Driving at night in bad weather can pose a big challenge for any driver. Use the following tips to learn how to stay safe under these conditions.

safe driving ST. Louis

The biggest challenge for any driver, whether young or old, is to drive in the rain after dark. Many motor vehicle accidents occur when it rains during the night. However, some precautions can help avoid night time accidents caused by poor visibility and adverse weather conditions. In this post, our St. Louis car accident lawyer offers some tips to drive safely in the rain during the night.

Rain Repellents, Windshield Wipers, and Headlights

1. There are rain repellents available in the market that can be applied to the windshield to improve visibility in the rain at night. The rain repellent creates a protective layer on the windshield and causes the rain water to bead up and does not let it slide off the windshield.

2. The quality of your windshield wipers directly affects your visibility in the rain.

  • Experts recommend that windshield wipers should be replaced at least once every year so that visibility is not affected. It is especially important to replace the wipers if you park your vehicle in the open.
  • Some wiper blades are designed to exert uniform pressure along the blade. This ensures a smoother wipe and better performance.
  • Rain repellent wiper blades offer better performance and higher durability. These wipes blades are a great choice for your car if you have to drive in the rain frequently.
  • Invest in flexible wiper blades or silicone wiper blades. Flexible ones work well in cold weather and offer a quiet and smooth wipe. If you driver a high performance vehicle, then silicone wiper blades are a good choice as they are extremely effective in adverse weather conditions such as rain, fog, and snow.

3. With prolonged use, your headlights can become dim and as a result diminish your visibility. Regularly check the headlights for brightness.

4. If you have to frequently drive at night in the rainy season, then it is a good idea to change to high quality bulbs.

5. If your headlight lenses are dirty and cloudy, clean them properly before taking your vehicle out for a drive at night.

Keep Your Speed In Check

6. Use low beam head lights when it’s raining. It improves visibility and ensures that others can spot your car easily.

7. Adjust the rear view and side mirrors properly. Set the day and night switch located on the rear view mirror appropriately to improve visibility when it is raining.

8. No matter what steps you take to improve your visibility at night in the rain, driving will still be difficult and risky, so it important to keep your speed under check on wet roads.

If you have been injured in an accident caused by another driver’s negligence, immediately seek help of an experienced St. Louis car accident attorney. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 for a free consultation.