Author: Ryan

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Car Accidents Bus Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

What are the Benefits of Hiring a Car Accident Lawyer?

If you suffered an injury in a car accident, there are several good reasons you should hire a car accident lawyer. A skilled lawyer can help you navigate the claims process to ensure that you receive the compensation you need to recover from your injuries.

At OEB Law, PLLC, our car accident attorneys can help you recover damages after your car accident. Call us at 865-546-1111 to schedule a case evaluation.

What are the benefits of hiring a car accident lawyer?

Car accident attorneys have experience navigating the legal process. They can help you file a claim with an insurance company or file suit against a liable party.  

An attorney may keep you from settling too early.

If you settle your claim too early—before you know the full extent of how your injuries will affect your life and your job—you may miss out on compensation you will need to cover future costs related to your accident. Insurance adjustors often try to get injured people to settle quickly without a lawyer to advise them. If you accept an early settlement, you waive all rights to additional money for the accident, regardless of whether you develop new complications.

If you were in a car accident, call our lawyers immediately. We can help you determine if a settlement offer is fair and keep you from losing out on money you may need in the future.

He or she will keep you from giving statements that will damage your case.

After a car accident, the insurance company of the at-fault party may ask you to provide a written or recorded statement regarding your case. If you divulge any information that may hurt your claim, the insurance company can use it against you to avoid paying damages.

Insurance companies use this tactic regularly, especially if you have not yet hired a car accident lawyer for your claim. The insurance company can ask trick questions and take your responses out of context. This may make it look as if the accident was your fault, and not the fault of the other driver.

If the insurance company of the at-fault driver requested a statement, it is important to contact our lawyers before divulging any information regarding your case. We can help make sure you provide the information needed without jeopardizing your right to compensation.

An attorney can stand up against strong-arm or scare tactics.

Insurance adjustors are under a lot of pressure from their supervisors to settle cases for as little money as possible. When you have suffered an injury in a car accident, you are vulnerable. You may be in pain and scared about your future. You may be on medication that makes it difficult to think clearly. A lawyer will protect your best interests while you recover.

The attorneys at OEB Law, PLLC will stand between you and the insurance company and protect you from strong-arm or scare tactics.

Your lawyer will collect the evidence necessary to prove your case.

In order to prove your case, you will need to present evidence related to your accident. This evidence may include police reports of the crash, medical records documenting your injuries, and photos of the accident scene, including skid marks and any dangerous or hazardous conditions that may change after the accident.

You may also need testimony from eyewitnesses, accident reconstruction experts, and other expert witnesses to prove what caused your accident or to prove other important aspects of your claim.

Our lawyers can assist by collecting the evidence you need quickly, before it disappears. We can also issue subpoenas to gain access to evidence that may impact your case, such as security camera footage and cell phone records. These pieces of evidence are often difficult or impossible to obtain without a subpoena. 

An attorney can help determine fault in the accident.

If you were partially at-fault for your accident, you may still qualify for damages. Some states follow the legal rule of comparative fault. This means that an adjustor will proportionally reduce the amount you receive in compensation by the amount of your fault in the crash. Certain states include a caveat that if you were 50% or more at fault in the accident, you will not receive any compensation.

Our lawyers will help you understand the fault rules in your state and determine if your fault in the accident will still allow you to collect compensation for your damages.

A car accident lawyer can calculate your compensation.

Many factors come into play when calculating your compensation after an accident. You must consider the current and future medical costs associated with your injuries, the cost of wages you lose while recovering, and the emotional costs of any pain and suffering you endure. The at-fault party may be liable for extra damages if they behaved in a grossly negligent manner.

Our car accident lawyers can take these factors into account to calculate a reasonable amount of compensation you should receive for your injuries.

We can also determine the sources of compensation after your car accident. In many cases, you will seek compensation from your insurance policy and the policy of the at-fault driver, but depending on the specifics of your case.

The car accident lawyers at OEB Law, PLLC can help ensure that your claim or lawsuit is sufficient to cover the extent of your damages, help you navigate the courts, and fight to get you a fair settlement. Call us today for a free consultation at 865-546-1111.

Categories
Car Accidents General Truck Accidents

Who Is Liable In A Car Accident Owner Or Driver?

If another person wrecked your car while driving it, determining whose insurance policy pays out can be a confusing process. Unfortunately, there is not a simple answer to this question. It depends on the policies involved and on the situation that led to another driver being behind the wheel of your car.

If you loaned your car to a friend or family member and they caused a car accident while driving it, you may want to meet with a car accident lawyer. This is especially true if your friend or family member does not have auto liability coverage of their own.

At the OEB Law, PLLC, we can help you understand your Tennessee car insurance policy and its limitations when it comes to other drivers. Call us today at 865-546-1111 to schedule a consultation with one of our attorneys.

Will my liability insurance cover damages if I let a friend borrow my car and he caused a crash?

Many people believe the at-fault driver’s liability insurance always steps up and covers damages after a crash. While this is generally true, one of the exceptions to this rule is when that driver is behind the wheel of someone else’s car.

Liability coverage does not always follow the driver. In fact, the car owner’s policy is the most common insurance policy to pay out when a driver crashes a borrowed car.

How much coverage this policy offers, however, depends on its language. Generally, as long as you gave the other driver permission to drive your vehicle, your insurance will pay out. Some do offer limited coverage when someone else is behind the wheel, so it pays to know what your policy says before allowing someone else to drive your car.

It is true that many insurance policies cover drivers no matter what car they are driving. But this coverage is typically secondary to the car owner’s policy. These policies may also include limitations and exceptions. Some will only pay if the driver’s usual vehicle is unavailable, for example.

Imagine you loaned your neighbor your car. He did not stop in time and rear-ended another vehicle at a stop sign. Your insurance would cover the damage to the other person’s car and their medical bills up to its policy limits. If their damages exceed these limits, your neighbor’s auto liability policy should kick in to cover the excess. To repair your vehicle, you will need to carry optional collision coverage, file a claim, and pay your deductible.

The best way to understand how much liability coverage is available after a friend crashes your car is to discuss your situation with our skilled car accident attorneys. We can answer your car accident questions, help you understand the limits of your policy, and let you know what to expect during the claims process.

Am I personally liable for an accident a friend caused in my car?

If you are the owner of the car, your insurance company is likely the primary liability coverage after a crash. Your insurance will pay up to its limits before your friend’s coverage takes over. There are some cases, however, when you might be personally liable for any amount above your policy maximum or for the entire amount.

This is sometimes known as “owner’s liability” or “negligent entrustment.” Under some conditions, people who suffer damages in a car accident can file a lawsuit against both the driver of a borrowed car and the owner of that car.

Excluded Drivers

Auto insurance policies typically include all family members of driving age who live in the home. Occasionally, people need to exclude one or more of these family members from their auto insurance policy in order to bring costs down.

For example, having your 22-year-old son with a poor driving record on the policy covering a sports car may increase the cost of coverage dramatically. But if you exclude your son and he then borrows that car and wrecks it, the insurance company will deny any claims.

Unlicensed or Incompetent Drivers

You know your brother does not have a license but he needs to borrow the car to run a few errands. Or you know your friend has a history of reckless driving but you trust he will drive responsibility while behind the wheel of your car. If you knowingly loan your car to an irresponsible, incompetent, or unlicensed driver, your insurance company may deny your claim. Even if they pay out, the accident victims could sue you based on your negligence.

Drunk Drivers

Never loan your vehicle to someone who has been drinking or who has a history of drinking and driving. It pays to ensure anyone you allow to drive your vehicle is sober and not under the influence of drugs. This can even include over-the-counter drugs that make them drowsy. If you loan your car to someone who is drunk, drugged, or drowsy, you could be partially liable for any accidents they cause. 

Defective Vehicle

While this is rare, occasionally a problem with a car or car part causes an accident. If you knew—or should have known—there was an issue with your vehicle, you could be liable if that issue causes an accident.

If you believe one of these conditions may have played a factor in your case, contact one of our Knoxville car accident attorneys as soon as possible. You will need someone on your side to help you understand complex liability issues and to aggressively protect your assets.

How can I reach a knowledgeable car accident lawyer?

At the OEB Law, PLLC, we can help you understand how your auto insurance policy works. We can analyze the coverage available based on your policy and any other policies in play. We will work to mitigate the effect this accident has on your financial health and help you minimize your liability in the crash. Call our office today at 865-546-1111 to schedule a time to meet with one of our lawyers.

Categories
General

Do You Need to Hire an Attorney or Can You Handle the Case Yourself?

Do I need to hire an attorney or can I handle my case by myself?

If you suffered an injury after an accident, you may be wondering if you can handle the case yourself. There is no requirement that you hire an attorney if you wish to file a claim or pursue a civil case after an accident or injury in Tennessee. However, if you have experienced an injury or property damage through no fault of your own, hiring an attorney to represent you will give you the best chance of getting the full compensation you deserve.

If you are suffering because of an injury in the Knoxville area that was someone else’s fault, the decision to hire an attorney is just one of several questions that are probably on your mind. You might also be wondering:

  • Who will pay my medical bills?
  • How can I receive compensation for wages I am losing by missing work?
  • How can I prove the injury was not my fault?
  • How can I get an insurance company to offer me a fair settlement?
  • Who can help me?

Actually, several of these questions have the same answer. Getting the help of an experienced attorney is the best way to prove you deserve compensation for your injuries or damaged property.

If you suffered injuries in an accident that someone else caused, the attorneys at OEB Law, PLLC, can help. Call 865-546-1111 for a free consultation with a personal injury lawyer.

Can I represent myself in my case?

Civil tort law is difficult to grasp. Plaintiffs without legal experience will likely feel overwhelmed by the complexity of the system and the process of handling a case on their own. Even if you think you understand the law and the details of your case, unexpected developments can make things very challenging for anyone without legal experience.

On top of that, you will probably be dealing with people who do understand the law and will use your status as a layperson against you. If, for example, you are trying to get another person’s insurance company to compensate you for a car accident injury, the defendant’s attorneys will have an easier time poking holes in your case if you do not have a lawyer fighting for you.

What will an attorney do for me?

An attorney is your representative and advocate through every step of the legal system. At OEB Law, PLLC, we handle injury cases in a variety of categories, including:

We have experience fighting for our clients’ interests in a variety of ways. We can find the best approach for recovering your compensation based on the facts of your case. Here is how we handle the most common methods of pursuing civil actions.

An Insurance Claim

It may seem like a straightforward process to receive compensation from the at-fault party’s insurer, but if you do not know your way through this system, your interactions with insurers and claims adjusters can damage your right to compensation. One of our attorneys can guide you through the process and make sure you receive the full amount you deserve.

Settlements

An experienced lawyer from our firm will be able to determine whether an out-of-court settlement offer is fair. Insurance companies sometimes try to settle for much less than a victim deserves. They often offer a settlement up front to avoid dealing with an attorney later on. We can protect you from these tactics and make sure you receive the maximum compensation possible in your case.

Litigation in Court

The purpose of a settlement is to resolve a case before it goes to trial, but sometimes this is not possible. If your case goes that far, having an attorney on your side will greatly increase your chances of winning a case in court.

Will an attorney make my case stronger?

A personal injury attorney will not rest until they have shored up your case with hard evidence. Every situation is unique, but building a strong case for a client usually involves some of the same steps. Our attorneys have experience following the steps necessary to win your claim.

We will prove you were not at fault for your accident.

Civil law in Tennessee uses a system called modified comparative fault, which means the amount of damages a person may receive or pay depends on the percentage of fault they share for the injury. So it is in an insurance company’s interest to say an accident was partly or fully your fault, even if it was not.

If you were partially at fault, you are still eligible for damages, as long as you were less than 50 percent to blame for the accident. We can find witnesses to your injury and even reconstruct the scene of an accident in order to demonstrate the amount of compensation you deserve.

We will demonstrate that you suffered damages.

You are eligible for compensation for things like medical bills, lost wages, or pain and suffering. You may even be eligible for punitive damages in more severe cases. We will find proof of the medical costs, lost wages, and future costs associated with your injury. We know how to use this information to hold the at-fault party accountable.

What if I cannot afford an attorney?

The attorneys at OEB Law, PLLC, handle cases on a contingency basis. This means that rather than collecting a retainer fee or billing you by the hour, we will agree to take a percentage of any payout after the case concludes. In other words, we do not take a penny from you unless we win the case.

This system is mutually beneficial to clients and attorneys. It means you do not risk losing any of your own money on legal fees and it provides an incentive for a law firm to work its absolute hardest to successfully handle your case.

To show how serious we are about this, we offer free, no-obligation consultations to our prospective clients. Call 865-546-1111 and let us put our years of experience to work fighting for you.

Categories
Car Accidents

How Do I Describe a Car Accident?

Danger on the road. Blue flasher on the police car at night.

How Do I Describe a Car Accident to Police or My Insurance Company?

When you describe a car accident, remember to explain only the key facts about the wreck. Anything beyond that may prevent you from recovering compensation for your injuries and property damage. What you say can—and often will—be used against you if you file an insurance claim or personal injury lawsuit.

Emotions run high after a car accident, especially when someone suffers injuries. This is all the more reason to stick to basic details when describing the crash to police, insurance adjusters, and lawyers. Auto insurers—including your own—commonly look for ways to deny claims or defend policyholders. An insurer may do this by searching for inconsistencies or any admission of fault in statements you provide to police and other parties in the accident.

If you were in a recent car accident and need assistance recovering damages, OEB Law, PLLC, can help you. We will speak on your behalf so you do not risk losing the compensation you may be eligible for because of the accident.

We have extensive experience in handling communication for our clients. We can help you pursue compensation for your medical bills, lost wages, pain and suffering, and other losses. Call us today at 865-546-1111 to schedule a free, no-obligation consultation with one of our car accident lawyers.

How Should I Describe My Car Accident to Police?

Any information you give police will likely end up in the official police report of your wreck. That is why it is essential you only provide the basic facts of your crash as you recall them. Key details of a car accident typically include the following:

  • How many people were in the crash?
  • How many vehicles were in the accident?
  • Approximately what time did the crash happen?
  • Where did the wreck occur?
  • How did the crash happen?

Only provide basic information when explaining your accident. For example, only tell the police you were proceeding through an intersection after stopping at a stop sign before a car hit your vehicle on the right side. Do not go beyond the basics or offer opinions, even if you feel pressure from the police or the other party.

In addition, let the police know if you had to safely pull your car off the road a distance away from the exact location of the accident scene. You should also write down as many details as you can while waiting for the police. You may also want to sketch the accident scene or use an accident reconstruction template to record what happened. This can help you remember crucial details later.

 

What If I Believe the Accident Is My Fault?

Do not admit fault even if you believe you caused the accident. If you do so, you open yourself up to legal liability even if you were not the sole cause of the crash. For example, if you were in a three-car accident [In Progress: link to https://www.wreckintoacheck.com/faqs/whos-at-fault-in-a-3-car-accident/], you may have slammed into the car in front of you after you being rear-ended by the vehicle behind you.

At the same time, do not blame the other driver for causing the crash. Let the police investigator draw conclusions about the accident.

 

What If the Other Driver’s Insurance Company Wants to Speak With Me About the Crash?

This is where you benefit from having our law firm represent you. We recommend you first contact us before speaking to the other driver’s insurance company. An insurer will pick apart any statement [In Progress: link to https://www.wreckintoacheck.com/faqs/should-i-give-a-statement-to-the-at-fault-drivers-insurance-company-after-a-car-wreck/] you provide in an attempt to lower the value of your insurance claim.

If the insurer or the company’s lawyer insists on speaking with you, we can help you prepare a written statement to recall the basic details of your crash.

 

How Do I File an Insurance Claim?

OEB Law, PLLC, handles all aspects of insurance claims and personal injury lawsuits. If someone else’s negligence caused an accident and you suffered injuries, we will help you build a solid case by thoroughly investigating your wreck.

We would also negotiate the claim on your behalf to ensure that you receive full and fair compensation. We know the tactics insurance companies use to reduce or deny insurance claims. We can protect you against them and fight for a just settlement for your losses.

To recover compensation, our case must prove negligence and causation. To do this, we may secure the police report, photographs of the accident scene, video surveillance footage, and other relevant evidence.

 

How Can I Schedule a Free Consultation With an Attorney?

Call OEB Law, PLLC, today at 865-546-1111 to schedule a free case review with a member of our car accident legal team. We work on contingency, which means you do not pay us unless we recover compensation for you.