When you have been in an accident, some folks believe that the defendant’s insurance company is responsible for your medical bills as they are incurred.

Not true, and this can really put people in a bind, especially if they don’t have health insurance!

The truth is that the defendant’s car insurance company may ultimately be responsible for paying your medical bills, but they aren’t likely to pay you a dime until the entire case is settled.

Now, here’s a trick I’ve seen. Some WILL offer to pay a portion of your medical bills now as long as you agree to not get a lawyer! That’s usually a bad choice though I can understand why some people would agree to that.

An experienced personal injury attorney will help you sort out all of the possible sources of funds to pay those medical bills. Sometimes the bill paying can be delayed and at other times loans (usually expensive loans, no doubt) can be written.

The point is to at least consult with an experienced personan injury lawyer in your area before signing away any of your rights with the insurance company.

Let’s call ‘time-out’ from out busy lives to reflect on what we have. I’d like to introduce you to a worthwhile charity that my wife, Sandi, and I are involved, in.

Our youngest son, Kevin, was born in China with a cleft lip and palate. We brought him to the United States when he was 18 months old and he was repaired here. Looking at him today, you can’t tell that he was operated on.

Many children in China aren’t so lucky and one reason is that they never get enough nutrition to gain the weight they need to be eligible for surgery.

Love Without Boundaries is changing that. Love Without Boundaries is an international organization of volunteer who are changing the lives of children in China. Now, this organizatin is building a cleft home, where children will be able to go to get the nutrition and attention they need BEFORE their surgery. Because it is run by volunteers (and Sandi spends many hours working for LWB, so I know it’s legit) the overhead is extraodrinarily low. More money, coats, food, medicine, etc goes directly to the children.

So, as you reflect on what you have reason to be thankful for, and if you are looking for a legitimate charity doing terrific work ‘on the ground’ for children, visit the cleft home site and consider making a donation.

People contact me and ask: why did you take the time to write and publish a book on Virginia car accident cases that you give away for free to Virginia residents?

Here’s the answer:  

 I’ve been in practice representing Virginia accident victims since 1983.  I’ve seen it all. I am sick and tired of insurance companies taking advantage of people before they have a chance to talk to an attorney. For years one major insurance company encouraged claimants to not hire an attorney.

You may not need an attorney to represent you in your case but you should be armed with some good information, right from the beginning of your claim. I wrote this book so that you can be informed, today. (And maybe you won’t ever need to talk to a lawyer.)

I am also sick and tired of outrageous lawyer advertising where lawyers with a reputation for handling hundreds of cases at a time make promises that can’t be kept or equate your injury to “cash, cash, cash.”  I am also tired of lawyers who file frivolous lawsuits, because frivolous lawsuits hurt everyone by delaying real claims from getting to court.

Most attorneys require you to make an appointment in which you would get some of the information that I have provided here. I believe that you should be able to have this information, right now, and without any pressure. The hiring of an attorney to represent you is a very important step that should not be taken lightly.

Frankly, this method of talking to you also saves me time. I’ve packed a ton of information into this book and it saves me the hours of time that it would take each day just to talk to all of the new potential clients who call. I cannot and will not accept every case and, frankly, each year we turn down good cases that simply do not meet our case selection criteria.  So, rather than cut you short on the phone, writing mt book gives me a chance to tell you what you need to know so that you can make an informed decision about what steps to take with your case. Even if I do not accept your case, I would like you to be educated about the process so that you don’t fall victim to the insurance companies.

Judging by your local Yellow Pages or TV commercials, you might think that all lawyers how advertise that the handle personal injury or accident cases have the same experience and background (or at least that someone has certified them as a ‘personal injury lawyer.’)

It’s a myth.

There are no rules regulate what types of cases a lawyer may advertise for. (A lawyer is ethically bound to handle the case appropriately, however.) In some cases, TV ads are running and calls are routed to lawyers who have purchased “territories.” All that takes is a wallet.

What this means is that it is YOUR responsibiltiy to investigate any lawyer you are thinking about hiring for your case. It’s your fault if, based on advertising, you hire someone who is not qualified (or certified) in a particular specialty.
Here’s tip #1 on that: Ask the lawyer for a package of written information before you schedule that “free consultation.” There’s rarely that much of a rush that you have to call today and “rush right in.”

That’s why I wrote The Truth About Lawyer Advertising.

California personal injury attorney Jonathan Stein has an interesting post about a trial involving Allstate itself. According to his blog, a former Allstate claims manager described how the insurance company (and they aren’t the only ones) tried to take advantage of people.

Now, you can’t be bullied if you have good quality information in your hands. That’s why at least consulting with an experienced personal injury attorney is usually a good idea before you talk to the insurance company.

Some cases can be settled without an attorney. You should arm yourself with good info before you make that call to the adjuster.

Not sure how to find the right lawyer in your area? Take a look at the Truth About Lawyer Advertising. 

Too many folks that we meet with are underinsured. I know that if your car insurance agent tells you to buy more you might not believe her.

Unfortunately, its perfectly legal to drive a car in Virginia that is not insured (remember, you can pay a $500 fee to the DMV and tell them your car is not insured…it’s OK…not recomended, but OK.)

That means that you might get hit by someone is is uninsured and there’s nothing you can do about it.

Or can you?

 You can and should buy plenty of uninsured motorist coverage. It’s dirt cheap (though the insurance agents I’ve talked to don’t do a good job of explaining it to you).

I’ve written a book about How To Buy Car Insurance in Virgina and the Virginia Department of Insurance has an excellent free download as well.

The second myth of car accident claim is:

When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give them a recorded statement or they won’t settle with you.

The truth is that no law requires you to give a recorded statement. Now, as a practical matter, the insurance company may refuse to settle with you until you do give a recorded statement, but it is not a legal requirement.

Our view is that the adjusters are very experienced at taking statements and the flow of information is all one way. (Just try asking them for a recorded statement of their insured!)

While you may not need to hire an attorney it is probably a good idea to either read my book or get one of those “free consultations” with an attorney before getting on the phone for the recorded statement. Also, before the recording begins, get the insurance adjuster to agree to mail you the transcript of the statement. That way you will have a record what you said and can correct any mistakes you may, upon reflection, have made.

There are a lot of misconceptions about the Virginia car accident claim process. Sometimes people get frustrated because they have tried to “be fair” to the insurance company and then they feel that the insurance company has not been fair to them.

Some (usually smaller) cases can be settled without an attorney and without much knowledge on the claimant’s part. That happens everyday. Where I see people getting taken advantage of is in the enormous knowledge differential between the very experienced insurance claims adjuster and the claimant.

A claims adjuster is there to help the insurance company profit. Yes, they have a duty to “be fair” but what does that mean?

 Not every case needs a lawyer, but just “being reasonable” won’t necessarily get you a reasonable settlement either. Don’t make a fatal mistake in your claim by operating without information.

That’s why I wrote “Five Deadly Sins That Can Wreck Your Virginia Accident Case.” 

Fairfax car accident attorney Ben Glass explains the story behind the Ultimate Guide to Car Accident Cases in Virginia

What happens when you are in the claims process for a Virginia car accident claim and you are injured in another accident? How do you handle your medical care?

Unfortunately, this happens from time to time and its generally not a good situation for either claim. The insurance company on the first claim will blame your lingering injuries on the second accident and the company on the second claim will, of course, blame the first accident for your injuries.

 Here is what we know to be true: don’t lie or hide either claim. I’ve seen situations where people start going to a different doctor and never tell that doctor about the first claim. I’ve seen some chiropractors start “new files” which (even though they are the ones treating for the first claim) never mention the first claim. Why they do that I have no clue.

 So make sure that every health care provider you talk to knows your complete history. Believe me, the insurance company will know!

And for goodness sake, make sure that you tell your lawer everything! Only then can he help you best.

Being involved in two accidents is never a good thing but it can be made plenty worse if you don’t be straight with your doctors and your lawyer.

For more information, visit BenGlassLaw.