Pickup Truck Safety, Insurance claims, safety products.

We all want a truck to go 300,000 miles and we think we'll live forever. When I sold trucks, I was surprised at how many folks had accidents in their trucks and unhurt, they came back to me to buy another truck! Trucks are safer than cars, don't let anybody fool you. I'm looking for ways and products to keep trucks and trailers safer. On this page you will see what I find. Also a series of articles on insurance claims by Dan Baldyga Below. See his book... Is your hitch rated for your trailer to pull your truck?

While they're more prone to roll over during accidents than cars, newer
sport-utility vehicles now have a lower overall death rate, according to
a study by an insurance industry research group. But the statistics also
support a frequent criticism of SUVs: Their size and weight cause
mismatches in collisions with smaller vehicles, and those occupants are
more likely to be killed or injured… An analysis of 2001 traffic deaths
by the Insurance Institute shows the death rate in SUVs fell to 115
fatalities per million registered vehicles, the lowest among all types
of passenger vehicles. That was down from 134 fatalities per million in
2000 and from 494 per million in 1980, when SUVs accounted for twice the number of fatalities as cars. (Source: Chicago Tribune)
http://r.mb00.net/s/c?60.3z0q.3.1c22.3qn

After I spent a couple of weeks driving GM Quadrasteers and enjoying the stability with a trailer and on snowy icy roads, I dawned on me that part of the equation was the wider rear track of the Quadrasteer. A normal GM HD 2500 4x4 has the same rear axle as a 4x2 for obvious economic reasons. So the 4x4 rear axle is 2 inches narrower than the front. But the Quadrasteer rear axle is over 3 inches wider than the front. So I remembered reading about Correctrack rear-wheel alignment system. Now I'm testing the spacers. There are several makes of trucks and vans that have this tracking deficit. Read my conclusions, click for more..

Centramatic wheel balancers can take the vibration out of the steering wheel. It's hard to keep a tire balanced on the rough roads that a lot of trucks live on. So just after a few months of driving, your tires don't feel new anymore. Enjoy the safety of improved, less stressful steering with automatic balancing. Read more....

Drop-in plastic bedliners in trucks can build up static electricity and turn a portable gas container into a bomb!

Static electricity can build up from the plastic bedliner rubbing on the metal truck bed. Pouring gasoline from a gas container sitting in the truck bed into a lawn mower, ATV etc. or filling a gas container sitting in the truck bed sitting on top of a plastic drop-in bedliner can cause a fire. Always take the portable gas container out of the truck bed before filling it or using it to fill other gas tanks. Click on the blue links for more articles:

Petroleum Equipment Institute	A&W Trucks	SUV Danger
Refueling Fires	National Institute for Occupational Safety and Health	The Other Side

Car Crashes the Leading Cause of Death for Teens

I grew up in the country, driving on dirt roads. I discovered later how important that was to know the difference between pavement and gravel driving. On dirt roads the shoulders are soft and if you get too close, it will suck you into the ditch. Which is exactly what you do, you slow down and drive right into the ditch at the same angle. So many people try to turn hard away from the ditch and roll their vehicle. The gravel windrows that run parallel with the roads will also create challenges with steering. Were I grew up, car crashes on dirt roads were the leading cause of death for teenagers as they are today. Usually it evolves someone not familiar with the driving characteristics of dirt roads and alcohol. The statistics I've read also show only 20% of the accidents happen in rural areas, but 60% of the fatalities happen there. If you survive the accident, it takes longer to get help. The below article deals with the other driving dangers for teenagers. Learn all you can, show your kids what driving on dirt roads is like and lets have safe holidays.

CARFAX Announces Safe Car - Safe Teen Driver Program To Protect America's Teens

September 2002 (Newstream) -- Motor vehicle crashes are the leading cause of death for teenagers, resulting in thousands of deaths nationwide per year. In fact, teenagers are involved in three times as many fatal crashes as other drivers, according to The National Highway Traffic Safety Administration.

For Judy Appleby and Bob Moore, these are more than statistics. Each lost their teen in crashes. However, many experts believe accidents like the ones that took the lives of Michael Appleby and Cassie Moore can be prevented if parents and teenagers sit down together to learn and practice safe-driving techniques. Experts say teenagers are more prone to accidents because of their inexperience behind the wheel, their risk-taking behavior and immaturity.

To keep teen drivers safe on the road, CARFAX - a company that can check the history of any used car - is launching the Safe Car - Safe Teen Driver Campaign.

It features an interactive Web site designed to make parents and teens aware of risks and safety measures for young drivers to help reduce the number of teenagers involved in fatal or disabling automobile crashes. Another component of the program is an email drive designed to reach the millions of parents who have or will have teens at the driving age in their household.

Parents and teens can access the site at www.carfax.com/teen.

Produced for Carfax Inc. CONTACT: Julie Atlas, 703-934-2664

SPECIAL FOR THE READERS OF MR. TRUCK

Your Online Pickup Truck, SUV & Trailer Resource Magazine.

MrTruck's Top Picks, Truck, SUV & Trailer Accessory Store, ENTER

Safe, Secure Ordering, Questions on Internet orders 303-288-2082 We don't share your informatio

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DRIVING YOUR TRUCK WHILE FIGHTING TO STAY AWAKE

                                                By: Dan Baldyga

We all want to keep driving for as long as possible yet nobody, in their right mind, wants to be a threat to ourselves (or others) because we’re too sleepy to operate our truck. Self-awareness of our sleepiness is the key to driving safely!

In a report dated late last year 2004, the National Safety Council wrote that traffic death rates are 3 times greater at night - - than during the day!

This report also stated, “Driving at night is more of a challenge than most people think and it’s much more dangerous”.

So, you may ask, “What is it that makes night driving so dangerous”?

The NATIONAL SAFETY COUNCIL’S answer to that one is, “DEALING WITH THE DARKNESS IS AN IMPOSSIBLE TASK. 90% of a driver’s reaction depends upon vision and that is severely limited at night. Depth perception, color recognition plus peripheral vision are compromised after sundown” .

PLUS: Another huge factor, as stated by the NSC, is fatigue. Day or night drowsiness will always make one’s driving more difficult because it dulls concentration and it surely slows reaction time.

IN ORDER TO PROPERLY HANDLE THESE FACTORS

THE FOLLOWING IS RECOMMENDED

#1.    You must observe night driving safety as soon as the sun goes down. Twilight is one of the most difficult times to drive because your eyes are constantly changing to the growing darkness.

#2.    YES, it’s a “Time Consuming Headache” - - HOWEVER: You should prepare your truck for night driving. You should clean headlights, tail lights, signal lights and windows at least once a week and even more often if necessary”. You must do this!

#3.    Your headlights have got to be properly aimed. Headlights blind other drivers plus they can also reduce your ability to see the road.

#4.     If you have any doubt at all you should turn your headlights on. Under normal circumstances lights will most likely not help you see in early twilight but they’ll always make it easier for other drivers to see you. Being seen as is important as seeing.

#5.    Reduce your speed and increase your following distances especially in the evening because it’s much more difficult to judge other vehicle’s speeds and distances at night.

#6.     When following another motor vehicle, keep your headlights on low beam so as not to distract or even blind the driver ahead of you.

#7.     Make frequent stops for light snacks and exercise. And, if you’re too tired to drive, stop and get some rest.

#8.     If you have trouble, pull off the road as far as possible.

In 2004 NHTSA (The U.S. National Highway Traffic Association Administration) estimates that approximately 100,000 police-reported crashes involved drowsiness and fatigue as a principal casual factor. In their report they stated, “About one million crashes per year are produced by Drowsy Drivers”.

And, in a poll NHTSA ran in 1999, 62% of all adults surveyed reported driving while feeling “Drowsy”, 27% said that they had, at some time, dozed off while driving.

This report said, “People tend to fall asleep more on high-speed, long, boring, rural highways”.

It also went on to state, "30% of all fatal crashes occurred because the driver fell asleep” .

DISCLAIMER: The only purpose of this article "DRIVING YOUR TRUCK WHILE FIGHTING TO STAY AWAKE” is to help operators understand the motor vehicle accident insurance claim process. Neither Dan Baldyga, H. Kent Sundling nor MR. TRUCK.NET make any guarantee of any kind whatsoever; NOR do they purport in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)

SEVERAL UP-TO-DATE TRUCK ACCIDENT FACTS

                                                                                                 By: Dan Baldyga

Three years ago it was reported there were “An estimated” six million, three hundred and fifteen thousand motor vehicle accident’s in the United States. That comes to about 173,000 per day! And the truck accidents were right in there with them.

Two years ago an average of 120 people died every day in motor vehicle crashes in the United States.BELOW ARE 8 VERY INTERESTING 2003 ACCIDENT “RESULTS

#1.     Motor vehicle accidents were the top third causes of Safety & Health Incidents in the United States. And again, that includes trucks!

#2.     86% of the (above) “Reported Accidents” involved only one driver. (I state “Reported” because - - many were not)!

#3.    1/3 of them took place when drivers lost control of the vehicle and left the road.

#4.     HERE’S A NEW ONE! IT’S A “BIGGIE”! AND (AS OF TODAY - - RIGHT NOW - - HERE IN 2005) IT’S JUST BEGINNING:

Hand held (or even hands-free) cell phones have begun to bring significant “PROBLEMS” to all driver's performances. (It’s not yet known exactly how many of these “Problems” caused an accident. However, there's no doubt that operating a cell phone is far too dangerous while driving - - especially if you're behind the wheel of a truck!

It's a proven fact that truck drivers who use headsets to talk on cell phones, hands-free behind the wheel, take significantly longer to detect problems and correctly react to them while driving.

#5.     In 2003, all motor vehicle accidents medical costs exceeded 2 Billion dollars! That's about 20% of medical costs attributed to all injuries.

#6.     As of April 7th, 2004, it was determined that throughout the world more than one million people die each year because of transportation-related accident. (In America today over 5 people die every day, because of a truck or car accident, crash)!

#7.     Between 1992 and 2001, 13,337 people died from work-related motor vehicle accidents. The highest number of fatal-work related crashes took place in the transportation communications and public utilities industry = 4.64 deaths per 100,000 employees.

#8.     In a 2003 study it was discovered that more people die in motor vehicle crashes than any other cause of injury!

THE FOLLOWING ARE A FIVE VERY IMPORTANT QUESTIONS

YOU SHOULD ASK YOUR INSURANCE AGENT - -  IF HE'S "LEGIT" HE'LL TELL YOU

“Why should I check these out via my Insurance Agent” ? You ask. The answer to that one is, “Because the Company that covers you, via your Truck Insurance Coverage, will not.”

!#1. “Should it be decided your truck is a Total Loss how does the company, you have me insured by, determine the value of my vehicle”?

#2. “Am I entitled to payment for sales tax and registration fees for a new truck”? (As of 2005 there are many states that do so don’t let this slip out of sight because you may live and be registered in one that does).

#3. “In some states people are entitled to what is described, or identified, as diminished value. Is that true of ours"?

#4. Ask your agent, “What does it mean to ‘Stack’ your coverage? Are you doing that“? If he isn’t than ask him, “ If not how much money could I save or lose if you did that for me on my truck”?

#5. If you're about to make a claim ask him, “If I make this claim would that increase my rates”? Perhaps, because of the impact it would have on your pocket book (today, tomorrow and/or down the pike) you shouldn't!

DISCLAIMER: The only purpose of this article “SEVERAL UP-TO-DATE TRUCK ACCIDENT FACTS" is to help truckers understand the accident claim process. Neither Dan Baldyga, Kent Sundling nor MRTRUCK.NET make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved

Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss

THE WHIPLASH INJURY AS OF EARLY 2005

                                                    By: Dan Baldyga

Kent Sundling and the sensational Mr. Truck have always gone out of their way bringing serious up-to-date information regarding truck accident information to their readers. And so, I'm doing everything possible to assist this spectacular company, by bringing to its readers the following:

In late 2004 it was discovered that the delay in the onset of WHIPLASH-TYPE injuries was discovered to be the “Norm” rather than the “Exception” .

It was also found that 10% of the victims of “ Whiplash” became totally disabled so it simply followed that the “Pain and Suffering” they endured could become monumental.

It was learned, in late 2004, that several million Americans suffered a “Whiplash-Type” of injury because of a motor vehicle accident in that year.

CAN A SOFT TISSUE INJURY LIKE WHIPLASH HEAL ITSELF? The answer to that one is not a simple “Yes” or “No” because, while it can heal itself, it can do so imperfectly !

In one study, it was determined that patients who had suffered a “Whiplash-Type” of injury that over 50% of them developed Osteoarithritis in the ensuing years. In another study patients were interviewed more than two years following the settlement of their cases and, without proper care, almost 50% continued to complain of ongoing pain (in the area of their neck and/or shoulders) which were determined to be directly related to their accident.

“SO - - WHAT TO DO“? The answer to that is very simple, “You must complain and complain to whomever is treating you”.

Don’t allow yourself to be conned with something like, “Yeah, I’m sorry, I know it hurts but just wait awhile. It’ll go away”. That’s a hogwash of an answer !

A “Whiplash” hurls our head violently backward and forward, injuring your neck. Whiplash can cause injury to intervertebral joints, discs, and ligaments, cervical muscles and nerves. It is usually encountered with concussions and more serious injury. The effects of whiplash can be short term or life long, and it can leave your neck forever vulnerable to injury.

TIME NEEDED TO RECOVER: 45% of the victims remained symptomatic for 3 months and 25% remained in that same state for 6 months! The most minor cases needed a minimum of 8 weeks to recover. Some took as long as 17 weeks.

AND SO, THE OFTEN DECLARED NOTION, BY INSURANCE ADJUSTERS, THAT “WHIPLASH INJURIES HEAL IN 6 TO 8 WEEKS”, is absolutely not true !

AS OF LATE 2004 THE FOLLOWING ARE THREE SOLID AND PROVABLE “CRASH FACTS”: #1. Many injuries occur at speeds below 12 MPH. #2. Rear end impacts of 6 MPH to 10 MPH can positively cause a “Whiplash-Type” injury. #3. Post Injury crash facts have proved that, between 1 and 2 years after impact, 22% of many patients have not returned back to “Normal” - - plus their “Pain & Suffering” continued on and on!

5 OF THE MOST COMMON UNTRUTHS (ESPECIALLY AS APPLIED TO “WHIPLASH”) ARE AS FOLLOWS:

#1. Low speed impact crashes don’t cause injuries. #2. Injuries generally heal in 6 to 12 weeks. #3. A patients pre-injury psychological makeup affects recovery. #4. The greater the vehicle damage the greater the occupant injury. #5. An “Accident Re-Constructionist” can predict injury potential.

All five of the above “Conclusions” have been absolutely proven to be totally incorrect !

DISCLAIMER: The purpose of this article “THE WHIPLASH INJURY AS OF EARLY 2005” is to help people understand the truck accident insurance claim process. Neither Dan Baldyga, H. Kent Sundling nor MR. TRUCK.net make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved

Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM

THE MOTOR VEHICLE ACCIDENT“WHIPLASH-TYPE” INJURY - - AS OF 2004

~ YOUR INSURANCE CLAIM REGARDING ~

TRUCK ACCIDENT "MEDICAL PAYMENTS" COVERAGE'S

                                                                                                               By: Dan Baldyga

The “Bottom Line” regarding “Whiplash Crash Facts” as they apply to Truck Accidents (accumulated during 2004 - - and including all the previous years) are as follows:

THERE ARE EIGHT SERIOUS AND ABSOLUTE FACTS IMPACTING AND REGARDING THAT WHICH IS TODAY IDENTIFIED AS A “WHIPLASH” INJURY. THEY ARE AS FOLLOWS: 1#. The “Threshold” for cervical spine soft tissue injury becomes a reality at 5 MPH.2#. Most injuries occur at speeds below 12 MPH. #3. Crashed cars can often withstand collision speeds of 10 MPH (some even more) without sustaining damage. (THUS: The concept of “No Property Damage - No Cash” has absolutely been invalidated)! #4. A delay in the onset of symptoms has been found to be the “Norm” rather than the “Exception”. #5. Mild traumatic brain injury can be the result of a Whiplash -Type injury. (These symptoms are often referred to as, “Post Concussion Syndrome”). #6. Up to 10% of victims of “Whiplash” become totally disabled ! #7. Of the 31 important whiplash studies since 1956 (19 of them executed since 1990) regarding patients from all vectors of motor vehicle accident collision impacts (be they rear, frontal, or side) it was found that “over 60% of them” needed long-term medical follow-up. #8. In 2003 several million Americans suffered a “Whiplash-Type” injury. This figure flows into the stratosphere each and ever day at an alarming rate of speed!

TIME NEEDED TO RECOVER

Studies have proven that 45% of the victims remained symptomatic at 12 weeks and 25% remained symptomatic at 6 months. The most minor cases needed at least 8 weeks to recover. The time needed to stabilize in the more severe cases took 17 weeks. THUS: The written (and often declared) notion that “Whiplash Injuries Heal In 6 To 8 Weeks” is just not true !

CHILDREN AND THE “WHIPLASH-TYPE” INJURY: Youngsters who have had Whiplash-Type injuries display sleep disturbances and nightmares, difficulties in talking to parents and friends, mood disturbances, poor academic performance and specific fears when it came to impact related play. ANOTHER SERIOUS CONCLUSION: Children who have been involved in motor vehicle accidents are often neglected as having had “Any various types of injury“, when in actuality, they suffer from the same symptoms as adults. As a matter of fact, they’re at a greater risk for damages - - especially when it comes to “WHIPLASH” !

THE FIVE MOST COMMON MYTHS AS APPLIED TO “WHIPLASH”

#1. Low speed impact crashes don’t cause injuries. #2. Injuries heal in 6 to 12 weeks. #3. A patients pre-injury psychological makeup affects recovery.#4. The greater the vehicle damage the greater the occupant injury.#5. An “Accident Re-Constructionist” can predict injury potential. All five of these “Conclusions” have been proved to be totally incorrect !

NINE ABSOLUTELY CORRECT WHIPLASH “RISK-FACTORS”

#1. DEGENERATIVE DISEASE: Headaches and/or neck injury pain (for whatever reasons) prior to the crash. #2. PRE-EXISTING HEALTH PROBLEMS: These can positively lead to even greater pain. (For example: An Arthritic situation will always lead to the severity of the injury and the pain).#3. VEHICLE SIZE: Even if both are about the same size an 8 MPH impact produces two times the force of gravity. If one is greater than the size of another the Gravity-Force becomes monumental! #4. HEADREST POSITION: The injury becomes much worse if it’s too far away. It must be close enough to catch the head in time - - or about 2 inches. (Over 98% of the headrests are more than 2 inches from the head). #5. POSITION OF HEAD AT IMPACT: If not positively straight (it rarely is) all the G Forces are localized to one side of the spine, substantially increasing the severity of injuries. #6. AGE: How old one is plays a crucial role regarding a “Whiplash-Type” of injury. Why? Because as the body becomes older, ligaments become less pliable, muscles are weaker and less flexible plus there’s a decreased range of motion. #7. WOMEN AND CHILDREN: They injure more seriously than men because they have smaller necks. They may also be too close to the steering wheel, airbag and/or are wearing an improper fitting shoulder harness. #8. NON-USE OF: The motor vehicle’s shoulder harness. #9. FAILURE TO WEAR A SEATBELT !

ALWAYS REMEMBER YOUR MEDICAL PAYMENTS COVERAGE

YOU MUST READ AND UNDERSTAND ALL THERE IS TO KNOW ABOUT YOUR TRUCKS “MEDICAL PAYMENTS” INSURANCE COVERAGE: This usually pays all Medical (and often even funeral expenses) for you, your spouse and even relatives living in your home, and/or others who are injured while operating your truck.

HERE’S A “BIGGIE” THAT MANY TRUCKERS ARE NOT AWARE OF: You and your resident family members may also be covered as pedestrians regarding the payment of your medical bills - - should you have been struck and injured by a motor vehicle.

PLUS: WHEN IT COMES TO YOUR TRUCKS “MEDICAL PAYMENTS” COVERAGE = HERE ARE TWO HUGE FACTS YOU MUST INVESTIGATE: #1. You’re usually paid (regardless of who was at fault for the accident) up to the limit of the coverage you’ve selected. #2. The coverage often extends to expenses incurred - - within he first three years of the accident !

DISCLAIMER: The only purpose of this article ~ YOUR INSURANCE CLAIM REGARDING ~ TRUCK ACCIDENT "MEDICAL PAYMENTS" COVERAGE  is to help owners and operators understand the truck accident insurance claim process. Neither Dan Baldyga, Kent Sundling nor MRTRUCK.NET make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services.

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved

THE GREAT VALUE OF SECURING

NEWSPAPER INFORMATION AND/OR POLICE REPORTS

                                                                                             By: Dan Baldyga

As a truck accident victim you should check to see if there were newspaper accounts reporting it. If there were clip out the relevant articles and save them. If you were only steaming through it won't be easy for the typical truck driver to do but the area’s local newspapers should also be checked for the possibility that they may have published a synopsis of the weather on the day of the accident. Upon clipping out such an item a notation should be made indicating the name of the newspaper, plus the date and page, etc.

Review these write-up’s closely because a photograph may be available via those articles. If that’ so, go to the newspaper office (or make a telephone call to it) and order an 8x10 glossy print of the photo from that article’s reporter or photographer. It’s even possible you may discover that a newspaper (or an on-the-scene TV reporter) has available a photo that had been taken but wasn’t used - - these are usually available for a nominal charge.

There are two other “by products” for which photographs can additionally be useful to you in your claims settlement undertaking when you and adjuster I. M. Smart face off. One by-product is the possibility that, upon closely studying the photo, you may discover a witness. Or you might be able to pick out from the photos the registration numbers of other vehicles in the impact area but weren’t involved in the accident. From such a piece of information you may be able to get the police, or the motor vehicle department, to provide you with the names and addresses of the parties to whom the registration number belongs. That, thus accomplished, could present you with the possibility of locating a critical witness to your case.

OBTAINING THE POLICE REPORT - IF ANY: You know, as a professional truck driver, that it’s always a good idea to call the police when there’s an accident. It’s to your advantage to do so and to have a police report on file. In most states the police are required, by law, to be promptly notified whenever an accident occurs, especially when there’s an injury or the damages to one of the vehicles exceeds some fixed amount, say for example, $250.00 or $300.00.

About a week or so after the police execute the report it will usually be available to the public at the police department. You may secure a copy of the report by requesting one for a nominal charge. If the accident occurs on a state highway, you apply for the report from that states Highway Patrol office. If the accident occurred anywhere else, you should apply for that report from the city, county, or sheriff’s department that investigated the accident.(It's always okay to make phone calls on any of this).

Upon obtaining a copy you can scan it for a witness the police may have included. It’s possible that the police may have taken some useful photographs. They’ll usually be more than willing to sell you reprints.

You may discover - - especially in severe accident violations involving, for example, drunkenness - - that there’s in existence some special reports and/or highly detailed diagrams of the accident. You can inquire with the investigating officers who prepared the report (their names are almost always listed somewhere on the reports) as to whether there was a professional photographer they may observed at the scene, thereby providing you with yet another source for potentially helpful photographs or witnesses.

If you accomplish this preliminary work and then, when you sit down for your settlement talk with Adjuster Smart (presenting him with what you’ve accumulated) he’s going to understand he’s dealing with an individual who knows what they’re doing. This will go a long way towards convincing him not to attempt to con and/or take advantage of you. And that’s money in any truck owner and/or drivers bank!

DISCLAIMER: The only purpose of this article ~ MOTOR VEHICLE ACCIDENT INSURANCE CLAIMS ~ THE GREAT VALUE OF SECURING NEWSPAPER INFORMATION AND/OR POLICE REPORTS, is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, H. Kent Sundling nor MR. TRUCK.NET make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Copyright 2004 (c) By Dan Baldyga. All Rights Reserved

~ MEDICAL BILLS ~

EVALUATING YOUR PERSONAL INJURY INSURANCE CLAIM

                                                                                                                        By: Dan Baldyga

The value of a truck accident personal injury claim has a direct relationship to the amount of your medical bills. Why? Because a claim with medical bills of $500.00 is worth three to five times more than a claim with $100.00, or less. And that’s a fact of life in the world of insurance claims.

The adjuster will reason if you were hurt badly enough at impact to run up $500.00, or more, in medical expenses than it’s correct to assume that your injuries must be substantial. But, if you see your doctor or chiropractor only once or twice, and your final bills are in the vicinity of $100.00, that adjuster will assume you weren’t hurt too seriously.

DEMAND THAT ALL YOUR MEDICAL BILLS BE PAID: The adjuster may try to disallow a substantial part of your total medical expenses which he contends doesn’t qualify as “medical” in character. He’ll often attempt to divide your medical costs into two arbitrary parts - - “Diagnostic” and “Treatment”. In the “diagnostic” category he’ll include items such as ambulance and emergency room costs, costs of X-rays, and other diagnostic procedures, plus visits to specialists. And the rest (principally costs of the hospital and regular office visits to doctors, physical therapy and medication) will be termed Treatment”. The items that are categorized as “diagnostic” expenses are the bills the adjuster would like to disallow as not being “medical” types of activities.

He may try to do this because with a differentiation (between what is “diagnostic” and what is supposedly true medical “treatment”) the basic worth of your claim will have been drastically reduced, as the amount of your “Special Damages” and thus drastically reduce the true value of your claim. At that point the adjuster will argue that the “treatment” portion of your medical bills that’s “directly related” to the severity of your injury, therefore it’s what truly reflects (and measures) your “Pain and Suffering”.

Don’t let him get away with that! If he should attempt to pull this on you tell him, “It’s absurd and illogical to separate medical expenses into two arbitrary categories and designate one as “diagnostic” and the other as “treatment”. Each area works hand-in-hand with the other in medical practice. There's no way I can be properly treated without being diagnosed!

He’ll gulp, because he knows what you say is true and that will usually be the end of such nonsense on his part.

“PERMANENT” AND/OR “TEMPORARY” DISABILITY: In discussing “Disability”. it’s important to develop a working knowledge of these two legitimate concepts. Commonly, personal injuries are classified as either “Permanent” or “Temporary”. These two terms are used basically to describe the anticipated duration of an injury, and not its degree of severity! Thus, if an injury is conceived as one which would continue throughout the remainder of an individuals lifetime, it’s said to be “Permanent” in nature. Conversely, if it’s a reasonable probably that the claimant will attain a full or complete recovery (within some future period) the injury is classified as “Temporary - - regardless of how severe or extensive the injury might otherwise appear.

TOTAL AND/OR PARTIAL DISABILITY: Another common classification of “disabilities” will relate to whether they are considered to be “Total” or “Partial”. These terms refer to the actual extent of the claimant’s injuries, regardless of whether they’re permanent or temporary in duration.

THE FOLLOWING FOUR SPECIAL CATEGORIES

ARE REFERRED TO AND UTILIZED IN PERSONAL INJURY LITIGATION

(1) TEMPORARY TOTAL DISABILITY: This is symbolized by a seriously injured person who is temporarily hospitalized, or otherwise completely impaired ,although expected to eventually regain full function.

(2) TEMPORARY PARTIAL DISABILITY: This is that period when, following the initial period of complete impairment of the seriously injured party (that period of “Temporary Total Disability”), the party recovers and is able to resume some (but not all) formal activities.

(3) PERMANENT TOTAL DISABILITY: This describes a condition (usually applicable in the most sever cases, in which the injury produces a nearly total impairment to the body as a whole) - - again placing the emphasis both on the extent of the functional impairment and its duration.

(4) PERMANENT PARTIAL DISABILITY: This describes a condition where the injured party, (even after sustaining a permanent injury) still retains some substantial body function or earning capacity, with the emphasis centered on the extent of the functional impairment itself.

MEDICAL BILL COVERAGE’S: Read your policy to discover if you have “Medical Payments Coverage”. Also check all your non-motor vehicle insurance policies. You may have coverage(s) to pay your medical bills regardless of who was at fault. If you have a Health Insurance Policy and/or Health Plan of some sort, read the fine print. Your policy may not require you to pay back the medical bill payments made in your behalf - - even if you collect from the person who struck you!

DISCLAIMER: This article MEDICAL BILLS ~ EVALUATING OUR PERSONAL INJURY CLAIM intended for background information. Its only purpose is to help people understand the truck accident claim process. Neither Dan Baldyga, H. Kent Sundling nor MR. TRUCK.NET make no guarantee of any kind whatsoever, NOR DO THEY purport to engage in rendering any professional or legal service, NOR TO substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain it!

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved

GETTING REIMBURSED FOR YOUR "PAIN AND SUFFERING"

                                                  By Dan Baldyga

Your truck got smashed into some time ago when a local character by the name of Fred Fuddle flew through a Stop Sign and smashed you broadside but now you're in the home stretch with his Adjuster, I. M. Strong, and you’re going to be paid for your loss by Strong’s employer, Rock Solid Insurance. A good portion of it will be for your "Pain and Suffering". That is, in the lingo of insurance claim settlements, your "Compensatory Damages". So, now, let's talk about that:

BODILY INJURY PAIN: How much pain can an individual stand? The answer to that is: Reaction to pain not only differs with each of us, but often within each of us. While pain can usually be scientifically measured, the limits of human endurance cannot. We all have a different "Pain Threshold" - - that is, the point at which we begin to feel physical distress as we enter into, and then deal with, a period of suffering.

A lot depends on what's going on in your life and how you experience it. Temperament and psychological factors are involved. Like, for example, your personal life is in a shambles (for any number of reasons) and that has hindered your ability to recover. Or, perhaps the company you work for is on the brink of bankruptcy!

The mechanism through which you feel an injury is so complicated that there are times when the same pain appears to be more (or less) than that of previous days. For example: one day you have a problem that causes you to complain endlessly. This makes you impossible to live with and your pain seems to be much stronger. Yet, a similar situation on a much better day, doesn’t upset you so profoundly and the pain is not nearly as bad.

YOUR "PAIN AND SUFFERING" (Your “Compensatory Damages“): The type of injury you suffered, as a result of Fred Fuddle crashing into you (plus the nature and length of your treatment) are two of the best indicators for both he and Rock Solid Insurance to consider regarding the "Pain and Suffering" you experienced. However, there are several other areas you should call to the attention of Adjuster Strong so as to make him aware of what you've been dealing with.

MEDICATION: The fact that you were prescribed either over-the-counter or prescription medication by Ole’ “Doc” Comfort, your family physician, to relieve pain, inflammation (and/or any other injury symptoms), will help to convince I. M. Strong that your injuries were serious and caused you to endure a great deal of "Pain and Suffering". No matter which way you slice that cake, the more powerful the medication, and the longer it’s prescribed for, the greater the value your claim will be. That's a fact of life in the business of insurance claims.

LENGTH OF RECOVERY: The longer your recovery period, the greater your "Pain and Suffering"- - therefore the higher the settlement value of your bodily injury. Make sure “Doc” Comfort clearly indicates this in his Final Medical Report. Tell him he must state in writing (via the weeks and months) how long it will be, before you were able to engage in your routine activities. Make sure he doesn't send that report directly to Adjuster Strong. You get it first and then later on you’ll send it along to Strong. But, before you do, read it. If good Ole’ “Doc” Comfort hasn't clearly stated this, hand it back to him and tell him he must. You have every right to insist that he does. You're paying his bills, it's your report, your insurance claim, and your big bucks he's not being serious about!

As long as you continue to have physical problems you should keep going back to see your doctor, again and again, and again ! Other than the obvious "Pain and Suffering" it will help to convince Rock Solid Insurance you’ve endured, there are two other very good reasons for doing this. They are as follows:

(1) The fact that your records show visit’s to your doctor, four, six, eight (or even more) weeks after the accident, will convince Adjuster Strong and Rock Solid that your injury took a long time to deal and required continual attention. (Plus it clearly indicates each and every day you were unable to operate your truck and therefore it proves, beyond the shadow of any doubt, the income you lost). Never forget: Your attending physician’s Medical Report is the only way you can prove you were unable to work and in any court of law that will justify your claim for lost wages.

(2) When you visit “Doc” Comfort be sure to tell him there's been little (if any!) decrease of your pain, discomfort, stiffness or immobility. Make sure, when he does execute that Final Medical Report, this is clearly stated in his written remarks. If it isn't you have every right to go back, hand it to him and insist that it is.

SCARS: In many instances large and obvious scaring increase's the value of your claim (big time!) - - especially if the scarred portion of your body is visible. If you've been sitting behind the wheel of a truck or 30 years, your chin is double, your hair is gone, and you own a bulging stomach, and that’s where the scar is, it’s not going to be worth much. But, if you're a tall, dark and handsome, twenty year old and the scar is on your face, than it's worth a ton. Take colored photographs of every scar and every scrape that causes swelling and/or discoloration to your skin plus every mark on your body! After you’ve handed a copy of those photographs to Adjuster I M. Strong he’ll be sending them to his boss in the Home Office. I’ve been in that seat so I can flat out guarantee you his immediate superior in the home office will stare at those photo’s and gulp. He’ll blanch, take a deep breath and send Strong a one liner that reads something like: “Do whatever it takes to get rid of this one. Settle it and let‘s move on.”

If the scar is bad enough insist that Dr. Comfort refer you to a Plastic Surgeon for an opinion as to whether your scar can be repaired and/or removed. Once you've been examined ask that Specialist to detail in writing (and insist that he send his report to you) how much it will cost to make it look right again. You may never get it repaired, and/or removed, but include that Plastic Surgeon's report, plus copies of the bills you’ve accumulated because of your visits to him, and hand them to Adjuster Strong. This will absolutely, positively give your claim more value !

QUESTIONS & ANSWERS REGARDING OBTAINING THE SERVICES OF A LAWYER:

QUESTION: “Is it necessary to obtain the services of an attorney who will take a cut of 33 1/3% of the settlement (in some states up to 50%) he recovers from the insurance company of the individual who struck you“? ANSWER: “Yes, there are some situations where it makes sense to do so“. HOWEVER: Especially in a case where the impact is absolutely not your fault in any way, shape, manor or form - - you should be clear with the lawyer you choose that those out-of-pocket expenses you would have been paid (weather they represented you or not) should not be part of his settlement!

Let’s say, for example: You were at a dead stop while waiting for a light to change from red to green, when struck a tremendous blow by a distracted driver. It’s 100% clear to all concerned that the damages you received will be paid by the insurance company of the individual that struck you.

The property damage to your motor vehicle is $2,800, your lost wages are $450, your final Doctor’s bill (plus all your other Out-Of-Pocket “Medical Expenses”) comes to $750 for a total (Property Damages/Lost Wages/Medical Bills) of $4,000. you live in an area where the lawyers typical “Contingency Fee” is 33 1/3%. QUESTION: “Should that lawyer take 33/13% ($1,333.33) of that $4,000“? ANSWER: “No“! QUESTION: “Why not“? ANSWER: “Because you were going to get that $4,000 weather there was an attorney representing you or not“! In a situation where the liability is clear the attorney should take, as his fee, 33 1/3% of everything he gets above and beyond , that $4,000!

So, let’s say the attorney obtained a settlement of $4,800 for your “Pain and Suffering”. When that figure is added to the $4,000 of Out-Of-Pocket Expenses (as detailed above) the total would come to $8,800. To be fair he should not take 1/3 of $8,800 ($2,933.33 - - thus leaving you with $5,866.66) but 1/3 of the $4,800 ($1,600 - - thus leaving you with $7,200). QUESTION: “What has he done to earn that additional $1,333.34“? ANSWER: “Absolutely nothing”!

DISCLAIMER: The only purpose of this article GETTING REIMBURSED FOR YOUR "PAIN AND SUFFERING" is to help those who drive a truck to understand the motor vehicle insurance claim process. Neither Dan Baldyga, H. Kent Sundling nor MR. TRUCK.NET make any kind of guarantee whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain such services.

Copyright (c) 2004 by Daniel G. Baldyga All Rights Reserved

MOTOR VEHICLE ACCIDENT INSURANCE CLAIM GUIDE 12/18

By: Dan Baldyga

This is a FREE Insurance Claim Guide created especially for the readers of this sensational web site MR. TRUCK as a 2004 "Gift" from both myself and H. Kent Sundling. I want very much to help Kent in all his fantastic efforts to assist his readers when it comes to a motor vehicle accident because he surely and absolutely deserves it ! Thank you. Dan Baldyga

Your “Motor Vehicle” can be a truck, car, motorcycle - - you name it! If it’s powered by a motor and has one, two, three, four (or even more) wheels this “Guide” is for you.

The information below is a bare-bones “Guide” for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.

AFTER IMPACT CHECKLIST

We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A “Guide” to refer to so you’ll be certain, should an accident take place, that you’ve covered everything.

Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:

IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other driver’s face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: It’s most important to take pictures of: Skid or gouge mark’s on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.

INSIGHTS INTO HANDLING YOUR CLAIM (There Are Seven Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate

You Should Go Into Detail Regarding These (Below Listed) Six Areas:

(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your “Pain and Suffering”) regarding any financial loss flowing directly from the injury you may have sustained.

MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, “Medical Specialist” and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your “Total Disability” and/or your “Partial Disability”. These are of enormous value because they justify the often HUGE, extra payment made for your “Pain and Suffering” . (Plus this information will also prove your claim for Lost Wages).

NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.

(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. You’re often entitled to compensation for “Lost Time and Earnings” even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesn’t matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.

All of these constitute an element of your “SPECIAL DAMAGES” mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as “Lost Time And Earnings” but as “Lost Earning Capacity”. In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated area’s of your loss) are found in CHAPTER FOUR “Damages” within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(3) PROPERTY DAMAGE LOSSES: “AGREED COST TO REPAIR”: This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If you’re not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, “If it’s not excluded, it’s covered”. Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A “Total Loss” is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and “Official” Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: You’re entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.

The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each “Injury Evaluation Factor” should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.

PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR “TOTAL” DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR “PARTIAL” DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both “Partial” and “Total” Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).

(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of who’s at fault! (You must read your policy carefully because the “Who”, “Why” and/or “How” of this often differs).

A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!

(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjuster’s head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of “Good Faith” vs. “Bad Faith”.

DISCLAIMER: The only purpose of this article is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, MrTruck.Net nor Kent Sundling offer a guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBLY to obtain such services.

~ OUTSIDE PRESSURES ~

ON ADJUSTER HENRY HARD-NOSE

By: Dan Baldyga

The typical Insurance Adjuster like Henry Hard-Nose is not without outside pressures he must deal with every day. It would be advantageous for all the truck drivers, owners and readers of MR. TRUCK to be aware of the most important of these because if understood they’ll put money in your bank.

The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of a Henry Hard-Nose in that particular state. Each has a Consumer Complaint Division. If the adjuster you’ve been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe is a ridiculously low offer, you have cause for a complaint.

The mere mention of a complaint to the State Department of Insurance by a truck driver and/or owner may bring Hard-Nose around to making a better offer. Adjusters would rather not have to deal with a complaint and they positively don’t want copies of them ending up in their personnel file.

Your complaint to the State Insurance Department will accomplish several things: First, his boss will now become aware that there’s a trucker out there who intends to do whatever it takes to obtain some settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you do write to the Consumer Complaints Division, it will evolve into what’s always a costly effort because a complaint with the State Insurance Department will add an additional layer of work, supervised by an extra contingent of personnel. When it’s realized this will likely come to pass both Hard Nose and his immediate superior will try harder to dump your claim.

Like the vast majority of insurance adjusters Hard-Nose dreams of one day being promoted to a higher position within the company he work’s for. In his black heart Hard-Nose is aware of the fact if his personnel file has correspondence flowing into it from claimants he’s handled (plus copies of the letters which have been sent to the insurance commissioner) those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn’t want a “problem” employee like a Henry Hard-Nose spluttering, splashing, pooping, bellowing and crashing about his office area causing a ton of headaches and extra work within the framework of that particular executive’s command. Hard Nose is fully aware that such complaints will keep him , out on the road forever ,and will absolutely prevent him from moving up the corporate ladder.

OTHER CRUCIAL ISSUES THAT EVERY HENRY HARD-NOSE IS AWARE OF

When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, it’s vastly different from the stipulations found in the “Formal Law”. That is, Legal Theory, as it’s written and allegedly supposed to work. What that means is simply this: Hard-Nose can settle a case whether his decision to do so is based on “The Law” or not.

In the real world of Personal Injury settlements “compromise” (which more often than not little or nothing to do with the law) is the order of the day. It’s commonly accepted among those in the business (because that’s what makes their work life so much easier) that in any given case there’s almost a likelihood of negligence on both drivers, rather than just one. What this boils down to in practical terms, is this: Irregardless of the law practically no claim is without merit or totally lacking in value of some sort, especially if the “Value” is simply to “get rid of it”. I know this to be true because, “I’ve been there and done that” ,even though (and Hard-Nose is totally aware of this) - - that concept has nothing to do with the law .

While it’s never "officially" expressed to him Hard-Nose quickly learns, should your case go to trail, compromise will usually be the order of the day, even in cases of questionable liability. This fact alone gives him plenty of room to make a compromise settlement - - before your case ends up in his Defense Attorney’s hands - - where a compromise will (somewhere along the line) usually take place anyways.

Why will this come to pass? Because the costs of preparing for (and then proceeding into) a courtroom battle will skyrocket.

Being aware of all of this is always bubbling and boiling in that gray matter between Hard-Nose’s ears. If there’s any question whatsoever, regarding who was at fault in the motor vehicle accident you were involved in, don’t ever give up. Keep pounding away! When faced with a determined truck driver and/or owner who’s willing to wait and haggle and wont go away, the chances are Hard-Nose will eventually make an offer.

This comes to pass because Hard-Nose (especially if your claim has some value) doesn’t want it to end up as a complaint at the State Department Of Insurance. Plus he knows you’ll be made, a settlement offer, somewhere down the line, anyway. So, better he settle it now, before the cost of defending it gets blown out of proportion, later.

In order to continue to look good (especially to those who watch his progress and the way handles the outside pressure’s that haunt them all) every insurance adjuster like Henry Hard-Nose, who want to stay out of trouble plus continue to climb the ladder to success, understand that they must be cagey individual's. For you to be aware of this (if properly understood and handled) is most assuredly be to every truckers advantage.

DISCLAIMER: This only purpose of this truck accident claim tip insurance claim article ~Outside Pressures ~ On Adjuster Henry Hard-Nose, is to help truck drivers and/or owners to understand the motor vehicle claim process. Neither Dan Baldyga, Kent Sundling nor MR. TRUCK.NET make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

TRUCK DRIVERS AND/OR OWNERS, YOU HAVE A LEGITIMATE INSURANCE CLAIM

BUT You Foolishly Handed it to a FOOT DRAGGING LEGAL BEAGLE, Now What?

By: Dan Baldyga

YOU MUST STAY ON TOP OF THAT HOUND DOG FOR TWO HUGE REASONS: First because that's the only way to make sure he does his job correctly. If you don't watch him like a hawk you could end up on the short end of a very long stick! And second, because most Legal Beagles think they’re overworked (if you don’t think so just ask them!) and they incorrectly feel they don’t have the time to spend on your case today, tomorrow or even six months from now. The truth is you’ve signed his Contingency Fee Agreement so he knows you’re in his back pocket and someday, when he decides to make his move, you’re still locked in. Most have convinced themselves they’re too busy to fuss with your case for awhile. Unless you bug them on a regular basis they’ll let years drag on before it gets settled.

If you've entrusted your case to one of the larger Legal Beagle dog houses in town (a big mistake) you've probably been passed on to a fumbling puppy just out of law school. Huge firms handle thousand’s of top-dollar cases. Yours will be on a slow assembly line with that puppy sniffin’ at pant legs and nippin' at heels, acting as though he knows what he's doing. You gotta stay close because the youngster you've been stuck with has little experience and he usually doesn't have the foggiest idea how to properly handle your claim.

You must stay active, throughout the whole process, no matter which Legal Beagle you hire. Demand that you receive copies of all correspondence that are sent out on your behalf, request you be copied in on everything sent to your Beagle from the insurance company or its lawyers, and insist on eye-balling the medical records sent to your lawyer (by your attending physician, the hospital emergency room, etc.) to make sure they're correct. (If they don't go into detail than the typically sloppy reporting, by attending physicians and other medical people, will be bedding you down with a rattler. If you don’t want to die of snake bite you must return those Medical Report’s to your "doc" and tell him he's gotta be more specific or you'll end up with a helluva lot less money than you should!).

The only way you'll ever be sure your Beagle is being straight with you is if you insist on all of the above. Also, if your lawyer knows you're keeping close tabs on your case, he’ll put it on the "front burner", keeping it off the "back burner" - - where the majority of his cases are usually cooking - - under a very low flame. QUESTION: "How can Dan Baldyga be so sure about that"? ANSWER: Because, before he retired he was an adjuster, supervisor, manager and trial assistant - - which he did for over 30 years!"

You must know what's going on with your case at all times and if you’re considered to be a pain in the butt than so be it. Make it known to your Beagle that you're not going to let your case disappear into a bottomless pit . What I'm telling you here is very simple: Don't let your case drag on and on. If you stay on top of things it'll get settled much sooner!

When your medical treatment is finished tell your Beagle and insist that he immediately gather up your records, and organize them into a "Settlement Package". What I mean by that is, a collection of your medical bills and reports, a list of all physical damages, with a thorough explanation of each, etc. Once done your lawyer should get that into the insurance company's hands just as soon as possible.

The first settlement offer should be made to him no later than 3 weeks after that "package" has been sent to the insurance company. If it isn't find out why. Be a pest, call that Beagle and push him. Your case should be settled within 6 weeks. If it isn't you tell your lawyer, "Sue the bugger‘s." To do that should take no more than an hour or two to complete - - even the puppy can do it. Those papers should be ready in a week. It's not asking too much for the suite to be filed by the time another week passes. But, this will only happen if your Beagle is humping away and staying on top of things. Lawyers need to be pushed by their clients or they'll sit on their butt's doing other "stuff". Most of them wait forever to move on a case when they could have had the job done in several months.

DISSATISFACTION WITH YOUR ATTORNEY: "The first thing we do, let's kill all the lawyers." Those words, written several hundred years ago by Shakespeare, still sums up the feelings of a lot of people. That's because Legal Beagle's don't bother touching base with their client's. Telephone messages aren't answered right away - - sometimes never. The way most attorney's treat their clients leaves them feeling ignored and powerless!

So, what’s the solution? A “Give Him Hell” letter to your lawyer, sent Certified Mail Return Receipt Requested, will get his attention, and in most cases (unless he’s a blazing idiot which some of them are) assure a prompt phone call. The letter should clearly state your complaints, and also your thoughts about hiring a new attorney - - quick like a bunny - - if the necessary steps aren’t taken.

CHANGING LAWYERS: This is a very difficult move so it must be well thought out. The following are some facts you must be aware of:

The new lawyer will ask you to contact the old lawyer telling him to turn your file over. If you have foolishly agreed to pay some of your old attorney’s costs (above and beyond the Contingency Fee Agreement you’ve signed) the two of them will have to work that out. The old lawyer may agree to wait and not be paid his costs until the new lawyer has settled your case, but (and this is usually the way that ball bounces) he may not! If that’s the situation you may have to pony up some big bucks before he turns your case over to the new lawyer.

The new Legal Beagle will want to review the file a soon as possible to determine if he wants to take it on. If it looks like some money can be made, the new lawyer may take it, but that’s a long shot. Why? Because your case has to be an outstanding “goodie” - - with a huge payoff potential for the lawyer’s “Contingency Fee”. Both Beagle’s (and there’s no way out of this one) will have to split that fee. If there’s not enough money to go around the second lawyer won’t be interested in taking you case. If that happens, you’re gonna be left with an upset attorney. Chances are he’ll let your case slip into

Limbo for years to come. That’s the risk you take when you try to dump your Beagle. Insurance companies react in various ways to a change in lawyers. They may view the switch as a sign that your case, or you, are a “problem”. There’s no doubt that the switch will tell the insurance company something is wrong. If they smell smoke, they’ll suspect a fire is probably blazing. This can result in an increased reluctance to settle. On the other had, the new lawyer may breath needed energy into the case, causing the insurance company to start thinking seriously about settlement - - but that’s a long shot. I wouldn’t bet on it.

THE BOTTOM LINE

Be sure to pick a good Legal Beagle to begin with, because you’re probably gonna be stuck with that hound dog right to the bitter end!

DISCLAIMER: The only purpose of this truck accident claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Kent Sudling nor MR.TRUCK.Net make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY TO OBTAIN SAID SERVICES.

Dan Baldyga - Author

PLACING A VALUE ON

YOUR PERSONAL INJURY CLAIM

By: Dan Baldyga

Your Medical Doctor has released you from treatment for your motor vehicle accident and enough time has passed so you’re about to position yourself to sit down with Adjuster Henry Hard-Nose. His employer is Rock Solid Insurance, the company who insures Fred Fuddle, the clown who plowed into your rear end, smashing you with a tremendous crash which was responsible for your injuries plus the “Pain and Suffering” you’ve had to endure.

To be adequately compensated for what you’ve gone through you must have accumulated what’s identified in the world of insurance claims as “Special Damages”. Those are your medical bills, your lost wages plus every dollar paid out to help with your recovery. When building the value of a personal injury claim there are several key elements you should be aware of:

LIABILITY: In the vast majority of motor vehicle accidents it’s clear who was at fault. Assuming that Fuddle struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place in the United States each year) yours is a case that must be settled. (Final Statistics prove that in 83% of accident’s that took place in 2002 it’s clear who was at fault) !

The very doubtful liability case has little, if any, settlement value. If that’s the situation you should obtain the services of the local Legal Beagle who does a good job of that, Attorney I.M. Greedy. But, if you do, be very careful when you sign Greedy’s “Contingency Fee Agreement”. Read it closely. Don’t sign anything that will let him charge you one penny, other than his normal fee. (Do not - - in any way whatsoever - - allow him to chisel any money from you, for his out-of-pocket expenses). All Greedy should be compensated for (if he’s successful at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual one third of the total recovery.

TYPE OF INJURY: If there are severe injuries (which make up just ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. But, if you’ve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it's clear you're not at fault) you can and should handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You’re most likely an average motor vehicle owner/driver, living a normal life. But, if you’ve spent some time behind bars, have a criminal record, or a history of character defects that often get your butt in a jam with the local cops (and this is well-known) you’re gonna have to take those facts into consideration when forming expectations regarding what your case is worth.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fred Fuddle looks, or the better the "entity" “(Fuddle’s business or company, etc.) appears, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, they’re in deep “stuff“. On the other hand, if Fuddle is a well-loved philanthropist, that can be a plus for Rock Solid Insurance. Or if the vehicle that struck you was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be a plus for Rock Solid.

But, if the “entity” that hit you was a dilapidated junk pile on wheels operated by Fred “Goof-Ball” Fuddle, and the named insured is The Fuddle Rotted Cow Manure Corporation, that will not be favorable for Rock Solid.

DAMAGES: There are “Medical Special Damage” Expenses, “Non-Medical Special Damages” Expenses, and/or your “Property Damage” Expenses.

MEDICAL SPECIAL DAMAGE EXPENSES These typically include Cost of Ambulance, Emergency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves.

When it comes to listing your Medical Special Damage “expenses” don’t overlook one single dollar because, when it comes time to settle your claim, that dollar can increase the value of your payment for “Pain and Suffering” by a multiplier of four or even five! (Yes, that means a $10.00 bill can be worth $30.00 to $50.00 more ,in your pocket, from Rock Solid Insurance, at settlement time).

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or physical therapy “treatment” of some sort) Household Help during disability and/or Child Care. Be sure to obtain written proof of such "Non Medical" Special Damages.

LOST WAGES: The income you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so little about it.

Commissions and overtime can make a huge difference in your lost earnings. Be sure to get a letter from your employer, on their official letterhead, explaining that in detail. Or, if you’re self-employed, get this information stated on your accountants letterhead.

The time you miss from work (thus the money you may have lost) is calculated and this element constitutes what is known as “Lost Wages” or “Lost Time Verification”. In most situations you’re entitled to compensation for lost time and earnings, even if you have no actual loss of money! Such as, for example, when your salary is paid by your company insurance coverage, or by taking sick leave, or some similar arrangement.

Even if you’re salaried you should obtain a "Lost Earnings", or "Time Lost Verification", in writing on your employer’s letterhead.

IF YOU’RE SELF-EMPLOYED: To prove your lost earnings you’ll probably have to assemble some inside information for Hard-Nose. If you don’t like the idea of submitting private documents to him, in the privacy of your home or office, just think how you’d feel about producing them in the non-private environment of a courtroom. When a case goes to trial, and if you want to prove your damages so as to collect adequate compensation, that’s your only alternative.

TWO CRITICAL AREAS REGARDING LOST WAGES: Did the injury necessitate a change of job or employment at a lesser rate? Or, did the injury allow your going to work but only on a part-time basis? If the answer to either question is “Yes”, it would be wise to ask your employer to document these facts on their letterhead.

IT’S CRUCIAL FOR YOU TO KNOW: Even if you’ve been paid while out of work, you can still compute your time lost from work as “Lost Wages” when you execute BASE (The Baldyga Auto Accident Settlement Formula). This simple yet revolutionary “Pain and Suffering” evaluation formula is explained in my book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss), which can be found right here on this website.

PROPERTY DAMAGE EXPENSES: These typically include Motor Vehicle Repair, Damaged Clothing, Broken Glasses, cost of Substitute Car Rentals, Towing and Storage. Make copies of all bills relating to any of your property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their teens, and into their late 50’s, fall into a fairly normal category because they’re generally considered to be at the height of their physical stamina. Those in their late 60’s, and over, usually fare extremely well; primarily due to the sympathy that’s often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.

MOST IMPORTANT TO REMEMBER:The information Hard-Nose places into your file plays a major role in the ultimate value of your claim. Never underestimate the importance of his impressions and conclusions! Should, one day, your case ends up in front of a judge, or jury, what Hard-Nose feels, observes and then reports into your file at Rock Solid about you, his insured Fred Fuddle, and/or possible witnesses, etc., (in addition to the information you’ve documented for him) could have massive influence on the value of your claim - - especially if Fuddle is a loser and he’s absolutely in the wrong. At that point the only thing stalling a settlement is the amount of money it’s gonna cost to get rid of you.

And, should your file end up in the hands of the local defense attorney for Rock Solid Insurance, all the positive factors about you, your injury and liability, will cause him to gasp, “Hey, what's going on here? My legal fees will be higher than the few hundred more bucks this one can be dumped for.”

The bottom line: Your out-of-pocket expenses correctly recorded and presented, your injury information properly documented and your lost wages clearly established will seriously increase the dollar value of your personal injury claim. (QUESTION: How does Dan know this to be true? ANSWER: “Because for 38 years Dan was right there, where he saw and done that”).

DISCLAIMER: The only purpose of this "How To" Insurance Claim Article PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Kent Sundling nor Mr.Truck.Net make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services. PLEASE NOTE AGAIN: Dan Baldyga's third "How To" Insurance Claim book can be found right here on this incredibly informative web site.

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~ YOUR TRUCK ACCIDENT INSURANCE CLAIM ~

SOME CRUCIAL FOREWARNINGS AND PRECAUTIONS

By: Dan Baldyga

The following insurance claim insights are about Fred Fuddle the man who flew through a Stop Sign to smash into your truck (clobbering your body all around inside the cab) I. M. Smart the typical adjuster assigned to your case, his employer The Rock Solid Insurance Company, Smarts immediate superior in the home office, plus the lawyer you may consider asking to take on your case.

You’ve already successfully obtained and read a copy of my third “How To” Insurance Claim book AUTO ACCIDENT PERSONAL INJURY (How To Evaluate And Settle Your Loss) and my revolutionary BASE Formula has advised that your claim has a settlement value of approximately $3,000. Okay, now that this has been accomplished, you should consider the following:

THE STATUTE OF LIMITATIONS: First of all be aware that every state has a different Statute of Limitations. Make sure you check the law in the state where your accident occurred, so you’ll know how much time you have left to do battle with Rock Solid Insurance before it’s too late for you to confer with an attorney.

YOU SHOULD TELL ADJUSTER SMART THAT YOUR CONSIDERING HIRING A LAWYER TO HANDLE YOUR CLAIM AND (WHEN YOU DO) HERE ARE SEVERAL THINGS YOU HAVE GOING FOR YOU: Smart knows that the cost to his company will skyrocket should a lawyer get involved. (The attorneys called in to defend Insurance Companies are paid big bucks)! Smart also knows it’s a poor mark on his record to have one of his claims end up in litigation. Plus, his insured, Fred Fuddle, won’t be doing a jig on the bar of his favorite tavern should his accident case end up in court.

GOING OVER THE HEAD OF I. M. SMART: Later on, down the road, you can go over Smarts head to his immediate supervisor. When you phone this person have your claim number handy (long ago provided you when Rock Sold first contacted you via snail mail) plus all the other info regarding the accident. At that point you‘ll be the recipient of “The Big Stall”, but you must be patient. You’ve got to allow that individual plenty of time to review your file because you’re only one of thousands he’s currently handling, many of them much bigger than yours - - some of them driving him crazy! He‘s “busy-busy”, and usually whacked out, so hang in there! Be polite and understanding, Those are the tactic’s that will work the best for you. Never forget (it’s a fact of their work life): Smarts Supervisor wants to get rid of you just as much as you want to receive a fair payment.

QUESTION: How can Dan be so sure of that? ANSWER: Because he sat on that firing line for 38 years!

If you believe the adjuster assigned your case has been stroking you, keep that to yourself. Don’t knock him. Just call and ask his supervisor if there’s some way you and he can get your case settled? Besides, he knows his adjusters are often difficult to deal with. That’s par for their course.

SMALL CLAIMS COURT: This is known as The ”User Friendly” Court. Most cases are filed and decided without an attorney getting involved. The amount of compensation a Small Claims Court can fork over is limited by state law, so check that out before you do your thing. If you’re looking for $3,000 and their limit is $5,000 it’s worth a shot. If you’re looking for $5,000 and their limit is $3,000, forget it.

MEETING WITH THE INDIVIDUAL YOU MIGHT HIRE TO BE YOUR LAWYER: Bring along all the originals of your documents plus the photographs you’ve taken of your Trucks Property Damage and also those that captured the swelling and the red, black, and blue bruises and/or marks on your body (as detailed in my book). When you hand these to the attorney he’ll flash the same smile he wore on his wedding night.

At this point it’s time to slip that lawyer a dandy! Tell you want him to waive the 33 1/3 percent contingency fee he‘s normally paid. You say, “Our deal will have to be that you keep a percentage of ever dollar you get, above and beyond , my last offer”.

When he hears that his smile will take flight! He’ll talk fast as he attempts to convince you into paying his, “Usual and legally acceptable, as determined by our local Bar Association, Contingency Fee” - - (when Rock Solid Insurance finally comes up with a settlement) in his effort to be paid - - “Right off the top”. He’ll huff and puff, “Hey, I know I can get more money than they’ve offered you”.

Your response should be, “Okay, but only if you can guarantee me that tomorrow I’ll end up with more money in my pocket than I’d end up with today, handling it on my own”. Give that a moment to sink in, then add, “And, that’s a fact I’d like in writing”. The attorney will shiver and shake like a turkey who just spotted “The Main Man” heading his way with an axe.

Then, while he’s figuring out how to answer, you’re in a position to ask, “That means when you settle my case you’ll take 33 1/3 percent of the payment. That is, one third of my property damage, one-third of my medical bills, one-third of my lost wages. one-third of all my other out-of-pocket expenses plus whatever you get for my ’Pain and Discomfort’. Is that the deal“?

Suddenly feeling he’s on the way to nailing you down the lawyer will smile and respond, “Of course. That’s the time honored way of how the legal business of recovery for a client is traditionally conducted”.

Let that mumbo-jumbo hang out there to flop in the breeze for awhile, then respond, “Tell you what, forget the 33 1/3 percent. Instead, I’m going to pay you 50 percent! That is, 50 percent of everything you get, above and beyond, what the adjuster has already offered me”.

If the lawyer agrees (it will be a miracle if he does) get that in writing and let him have a go at it. If he doesn’t, and attempts to hide behind his usual “mumbo-jumbo-legal-beagle” scrabbly-gobbly-gook-talk, kiss him, “Goodbye”.

Okay, after all this has come to pass, it’s back to you and I. M. Smart, who’s already aware of the fact you’ve been talking to a lawyer, and he’s always concerned about that. Tell Smart you’re still not sure if you need a lawyer or not but you’ve not taken one on as yet. At that point you’ve got one more trick up your sleeve. Let’s say Smart once gave you what he identified as his “Final Offer” of $2,400. Add 20 percent to that, then try this on for size, “Look, your last offer to me was $2,400.If you give me $2,800, I’ll take it and we’ll call it a day”.

If the figure you throw at him isn’t unreasonable (plus he knows you’ve been talking to an attorney and that will surely cause him grief he‘d rather not have to deal with) he’ll agree.

Don’t ever fall for the typical lawyer’s pitch about how he can get you more money. If you take the time to figure it out you’ll discover (after he takes his cut - - for doing little or nothing more than you’ve already accomplished) you’re going to be left with a lot less dollars than if you knew how much it was worth and had settled it yourself!

THINK THE FOLLOWING OUT - - VERY CAREFULLY!

As stated in the second paragraph of this article The BASE Formula indicated your case has a top dollar value of $3,000. Should the attorney settle your case at $3,000 you’re going to have to pay him 1/3 of that, or $1,000, rather than the $2,400 you’ve already been offered. If you allow that to happen you’ll end up with $2,000. When that comes to pass you’ll have lost $400.00 (because the alleged “last offer” made to you by Smart was $2,400) by allowing that lawyer to represent you.

If you pitch it correctly, Smart will settle at your last demand of $2,650 (as described above) because, in his heart, he knows your case is worth more than that. If this comes to pass (in the vast majority of instances - - if you continue to hammer away at Smart - - it will!) you’ll end up with $650.00 more than if the attorney had handled it for you (after he took his 1/3 Contingency Fee of $1,000.00 from the $3,000.00 - - the figure which my BASE FORMULA has advised is the approximate value of your case- - leaving you with $2,000) when that lawyers settled it for its top dollar value of $3,000.

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DISCLAIMER: The only purpose of this article ~ YOUR TRUCK ACCIDENT INSURANCE CLAIM ~ SOME CRUCIAL FOREWARNINGS AN PRECAUTIONS is to help readers understand the truck accident insurance claim process. Neither Dan Baldyga, Kent Sundling nor MR.TRUCK.NET make any kind of guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.

By: Dan Baldyga

The value of your truck accident personal injury claim has a direct relationship to the amount of your medical bills. Why? Because a claim with medical bills of $500.00 is worth three to five times more than a claim with $100.00, or less. And that’s a fact of life in the world of insurance claims.

The adjuster will reason if you were hurt badly enough to run up $500.00 in medical expenses than it’s correct to assume that your injuries must be substantial. But, if you see your chiropractor or physician only once or twice, and your final bills are in the vicinity of $100.00, that adjuster will assume you weren’t hurt too seriously.

DEMAND THAT ALL YOUR MEDICAL BILLS BE PAID: The adjuster may try to disallow a substantial part of your total medical expenses which he contends doesn’t qualify as “Medical” in character. He’ll often attempt to divide your medical costs into two arbitrary parts - - “Diagnostic” and “Treatment”. In the “Diagnostic” category he’ll include items such as ambulance and emergency room costs, costs of X-rays, and other diagnostic procedures, plus visits to specialists. And the rest (principally costs of the hospital and regular office visits to doctors, physical therapy and medication) will be termed "Treatment”. The items that are categorized as “Diagnostic” expenses are the bills the adjuster would like to disallow as not being “Medical” types of activities.

He may try to do this because with a differentiation (between what is “Diagnostic” and what is supposedly true medical “Treatment”) the basic worth of your claim will have been drastically reduced, as the amount of your “Special Damages” and thus drastically reduce the true value of your claim. At that point the adjuster will argue that the “Treatment” portion of your medical bills that’s “directly related” to the severity of your injury, therefore it’s what truly reflects (and measures) your “Pain and Suffering”.

Don’t let him get away with that! If he should attempt to pull this on you tell him, “It’s absurd and illogical to separate medical expenses into two arbitrary categories and designate one as “Diagnostic” and the other as “Treatment”. Each area works hand-in-hand with the other in medical practice. I can’t get properly treated without being diagnosed!

He’ll gulp, because he knows what you say is true and that will usually be the end of such nonsense on his part.

“PERMANENT” AND/OR “TEMPORARY” DISABILITY: In discussing “Disability”. it’s important to develop a working knowledge of these two legitimate concepts. Commonly, personal injuries are classified as either “Permanent” or “Temporary”. These two terms are used basically to describe the anticipated duration of an injury, and not its degree of severity! Thus, if an injury is conceived as one which would continue throughout the remainder of an individuals lifetime, it’s said to be “Permanent” in nature. Conversely, if it’s a reasonable probably that the claimant will attain a full or complete recovery (within some future period) the injury is classified as “Temporary" - - regardless of how severe or extensive the injury might otherwise appear.

TOTAL AND/OR PARTIAL DISABILITY: Another common classification of “Disabilities” will relate to whether they are considered to be “Total” or “Partial”. These terms refer to the actual extent of the claimant’s injuries, regardless of whether they’re permanent or temporary in duration.

THE FOLLOWING FOUR SPECIAL CATEGORIES

ARE REFERRED TO AND UTILIZED IN PERSONAL INJURY LITIGATION

(1) TEMPORARY TOTAL DISABILITY: This is symbolized by a seriously injured person who is temporarily hospitalized or otherwise completely impaired, although expected to eventually regain full function.

(2) TEMPORARY PARTIAL DISABILITY: This is that period when, following the initial period of complete impairment of the seriously injured party (that period of “Temporary Total Disability”), the party recovers and is able to resume some (but not all) formal activities.

(3) PERMANENT TOTAL DISABILITY: This describes a condition (usually applicable in the most sever cases, in which the injury produces a nearly total impairment to the body as a whole) - - again placing the emphasis both on the extent of the functional impairment and its duration.

(4) PERMANENT PARTIAL DISABILITY: This describes a condition where the injured party, (even after sustaining a permanent injury) still retains some substantial body function or earning capacity, with the emphasis centered on the extent of the functional impairment itself.MEDICAL BILL COVERAGE’S: Carefully review all your insurance policies to discover if you have “Medical Payments Coverage". You may have coverage(s) to pay your medical bills regardless of who was at fault. If you have a Health Insurance Policy and/or Health Plan of some sort, read the fine print. Your policy may not require you to pay back the medical bill payments made in your behalf - - even if you collect from the person who struck you!

DISCLAIMER: This article ~Medical Bills ~ Evaluating Your Truck Accident Personal Injury Claim, is intended for background information. Its only purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Kent Sundling nor MR.TRUCK.NET make no guarantee of any kind whatsoever, NOR DO THEY purport to engage in rendering any professional or legal service, NOR TO substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain it!

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MORE ON LOST WAGES

By Dan Baldyga

Several months ago I wrote an article for MR. TRUCK regarding the handling of your claim for LOST WAGES. Since then I’ve been asked so many questions about that subject matter I’ve decided it would be wise to go into even greater depth and provide you, the reader of this outstanding publication, with deeper insights into this most crucial aspect of your truck accident, personal injury insurance claim.

GENERALLY SPEAKING: If you're claiming five weeks of lost wages, and your Medical Record shows you were discharged in three, you're in deep “stuff“! You're chances of collecting for those other two weeks are minus-zip.

Make sure that the Final Medical Report, is handed to you - - only you - - nobody else!

Why ? So you'll have a chance to read it before you hand it to Adjuster Henry Hard-Nose employed by Rock Solid Insurance Corporation.

In the event that the report doesn't have everything in it that it should (which I’ve expressed in detail below) you have every right to return it to the Medical Doctor who wrote it and ask that it be rewritten in clear language, detailing and explaining the pain, discomfort and suffering they observed you experienced. It if isn’t executed correctly Rock Solid Insurance and Hard-Nose will swoon with joy because the value of your claim will have done a nose dive into the nearest sewer. Why? Because your Final Medical Report has been executed in a sloppy manner and they know, in their secret heart’s, that even though you went through a looooong period of “pain and suffering” it’s not adequately spelled out - - so your claim for Lost Wages suddenly has much less value !

Assuming your Final Medical Report has been written accurately that's money in the bank! But, far too often they're dashed off in haste by a "busy-busy" Attending Physician. Don't let that happen to you because, if it does, that hot, slick tongue you feel on you're lips, and sliding into your throat, is the result of the kiss of death that’s being given to you just before your seduction

SICK LEAVE OR VACATION TIME: If you had to take sick leave, or vacation time, during the time you missed from driving that truck, it's absolutely part of your claim. Never forget you would have been entitled to use that sick leave and/or vacation time, - - later on down the road - - when you needed or wanted it. If you're forced to take either, because of a truck accident, it's the same as losing the pay itself. Don't let Hard-Nose tell you any different!

LOSS OF PAY VS. TRIPS TO YOUR ATTENDING PHYSICIAN: If your Lost Wage Document, which was executed by the company you work for, states that you didn’t work during the same period you were being treated by your attending physician, that’s all the proof you need to be compensated for your “lost earnings”. However, if your doctor didn’t treat you any longer after a certain date (even though stated and detailed in your Lost Wage Document) than your chances of recovery for your lost wages, after that particular date, are minus zip!

BACK TO WORK BUT STILL TREATING: If you’ve returned to work, but you’re still being treated by your attending physician, that Lost Wage Document should clearly state the date and hours you missed when you had to leave work and make that day trip to see your doctor and/or receive treatment.

BACK TO WORK BUT NOT AT YOUR USUAL, NORMAL, ROUTINE ASSIGNMENT: During my 35 years in the business of insurance claims I often ran into a situation where the claimant insisted they were unable to return to their old job and this caused them to have a lesser income. However, there were many times when the only proof of this was their verbal contention and that was unacceptable. That’s why it’s so important (should this apply to you and your work/income situation) that this is clearly spelled out , by the company where you’re employed, in their Lost Wage Report. An official notation on the bottom of the document, stating this to be true, can save you a lot of grief, and earn you a ton of money!

LOSS OF OVERTIME PAY: The overtime you lost is a legit claim. Get a letter from your employer spelling out the amount of money you lost in overtime. They can do this by taking a look at last years income, during the same period you were laid up, then figuring out the overtime income you lost, for that identical space in time. Once this has been determined this too should written into your Lost Wage Report.

ONE LAST WARNING: The inside claims people at Rock Solid Insurance and adjusters like Henry Hard-Nose are buried alive with hundreds (sometimes thousands!) of claimants who are going through a great deal of "Pain and Suffering", and they just don’t have the time to properly consider the seriousness of what you‘ve had to deal with, no matter how legitimate it may be. How does Dan know that ? Because, "He's been there and done that". However, if you follow what I've laid out above, you'll stay ahead of them - - you'll win the ball game and be awarded all the lost wage damage's that are owed to you.

DISCLAIMER: The only purpose of this "How To" Claim Article MORE ON LOST WAGES is to help truckers understand the Truck Accident claim process. Neither Dan Baldyga, Kent Sundling nor MR. TRUCK make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

More articles by Dan Baldyga, click

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