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Legal information: Car wrecks

by Shell Martin

Created on: December 09, 2008   Last Updated: December 19, 2008

Many injuries in West Virginia involving cars, trucks, motorcycles, coal trucks and tractor-trailers happen on the State's three major Interstates: I-64, I-77 and I-79. Accidents can involve more than one vehicle, a vehicle and a stationery object, or a vehicle and a pedestrian. Pedestrian accidents only account for a minor portion of West Virginia's total injuries. The following is valuable information if you have been in an any accident.

Possible Injuries and Who Pays

There are many possible injuries that you may not feel right away. If you have been in an accident be sure to see a doctor right away to make sure that you have not suffered an injury that will show up later.

Whose insurance pays for injuries the, at fault driver, at fault drivers employer, or the injured party? The at fault driver's insurance company should pay for injuries. In certain cases the injured parties insurance company can pay for injuries and then be reimbursed from the at fault driver's insurance company. If the injury occurred and the at fault driver was on the job at the time of the accident

It is important to note that after an accident if you are injured you may need to use your personal health insurance to cover medical bills. The at fault driver's insurance company will cover medical costs associated with the accident. However, the insurance company will only send you one check at the END of your claim, when you are ready to settle. If you do not have personal medical insurance you have the option to file a claim with your auto insurance company, if you have a policy that allows for that kind of coverage. This type of coverage is called Medical Payment.

If your medical bills are higher than the at fault driver's insurance coverage you can file a claim with your insurance company for underinsured motorist. If you have this coverage then your insurance company will pay the remaining balance of your medical bills. West Virginia law prohibits insurance companies from raising rates if an injured party files a claim because the at fault driver is underinsured.

Advice on how to deal with insurance company.

Be sure to call your insurance company right away. Be prepared with all of the information of the accident, including the other driver's information and police information. Work with your insurance company. If they ask for information then make sure to get it to them in a timely manner. Remember to be courteous. This can be a frustrating process but you want people to work for you and not against you. Being courteous to the person on the other end of the phone who is just doing their job will go a long way in your favor.

If you feel like your insurance company is not being fair then contact the arbitration department. Keep a record of conversations and the names of the people you have spoken with about your claim.

If you have pursued all the channels with your insurance company about your claim and are still not satisfied that your claim has been handled properly, you can call 1-800-942-4242 which is a toll-free Consumer Information Service which is sponsored by the insurance industry.

Of course, insurance companies do not really have your interests at heart. It is always a good idea to consult with an attorney to make sure of your rights and responsibilities. Many attorneys offer a free consultation concerning auto accidents.

Learn more about this author, Shell Martin.
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