Frequently Asked Questions in Motor Vehicle Accidents
It is most common for a person to seek legal advice regarding a motor vehicle accident. These are the most frequently-asked questions of me following a motor vehicle accident:
1. Who will pay for the repair of the motor vehicle?
If your insurance covers property damage to your vehicle, the quickest way to have your vehicle repaired is through an immediate claim to your insurer. If you do not have this insurance, the other driver's insurer may pay for the repair immediately if there is not dispute regarding responsibility for the accident.
2. If the motor vehicle is "totaled," how much should the insurer pay for the vehicle?
If a motor vehicle is determined to be a total loss, i.e., "totaled," there is frequently disagreement regarding the Fair Market Value. I encourage persons to present newspaper advertisements regarding motor vehicle sales and opinion letters from car dealerships to make certain they are paid the full value of their vehicle. If the parties are unable to agree, the remedy for the accident victim is to file a lawsuit for the value of their vehicle.
3. Is it possible to obtain a rental vehicle while a motor vehicle is being repaired?
Sometimes your insurance will pay for a rental vehicle while your vehicle is being repaired. On rare occasions, the other driver's insurance will pay. It does not hurt to make this request.
4. Who will pay for my medical treatment while my case is pending?
Your automobile insurance may have medical payments coverage that pays for medical treatment resulting from a motor vehicle accident. If your insurance does not provide this coverage and if you do not have health insurance, there have been rare instances where the other driver's insurance will pay the medical bills.
5. What compensation does the law recognize for motor vehicle accident injuries?
Under Alaska law, an injured person is entitled to recovery of their past and future medical expenses, past and future lost income, and any other economic loss. Additionally, they are entitled to an award of non-economic loss for the pain and suffering, emotional distress, and other consequences arising out of their injuries. Spouses, parents, and children may also have claims for their emotional distress of the impact of the accident on their home life.
6. What can the accident victim do to document injuries?
I recommend that accident victims take photographs of their injuries and the damage to their motor vehicles. I also recommend that accident victims seek prompt medical treatment for their injuries, tell their physician about all of their injuries, and follow their physicians' instructions closely.
7. What happens if the responsible party either is uninsured or does not have adequate insurance?
It is not uncommon for a driver to either not have insurance or to have insurance that is clearly inadequate to provide full compensation for a serious injuries. In those cases, your insurance may provide underinsured/uninsured motorist coverage. This is a complicated area of the law and should be fully discussed with your lawyer.
Frequently Asked Questions Regarding Falls on Ice
Under Alaska law, if a person is injured as a result of a fall on ice that the landowner has not taken reasonable measures to make safe, the injured person is entitled to compensation. Because of Alaska's long winters, these can be difficult cases. The following are the questions I am most frequently asked when a person is injured as a result of a fall on ice.
1. Who will pay for my medical treatment while my case is pending?
Often times, a property owner has Medical Payments coverage that provides a small amount of money to pay for medical treatment regardless of fault. You should specifically ask if this is the case. If this is not the case, you, or your health insurer, will be responsible for your own medical bills.
2. What should I do to document the ice conditions?
If you have fallen on ice, immediately report the accident to the landowner. If possible, take an immediate photograph of the ice conditions.
3. What compensation does the law recognize for persons injured due to falls on ice?
Under Alaska law, an injured person is entitled to recovery of their past and future medical expenses, past and future lost income, and any other economic loss. Additionally, they are entitled to an award of non-economic loss for the pain and suffering, emotional distress, and other consequences arising out of their injuries. Spouses, parents, and children may also have claims for their emotional distress of the impact of the accident on their home life.
4. What should be done to document injuries?
I recommend that accident victims take photographs of their injuries. I also recommend that accident victims seek prompt medical treatment for their injuries, tell their physician about all of their injuries, and follow their physicians' instructions closely.
