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Selain Rindu-rinduan, 8 Hal Ini Pasti Dialami Pejuang LDR Setelah 1 Tahun Berjauhan






One of the most common questions I get as an attorney specializing in motorcycle crashes is whether or not a plaintiff is required to make a statement to an insurance company after the accident. Simply put, the answer is a resounding "no." And furthermore, not only is it not required that you give a statement, I strongly recommend that you do not give a recorded statement to any insurance company - including your own - until you have spoken to a qualified attorney. Motorcycle Insurance Companies Will Be Hounding You for a Statement Many of my clients believe that if their own insurance representative asks for a statement, they are required to give one. This is absolutely not the case. In fact, not only are you not required to give a statement with regard to how the accident occurred, you are in no way bound to give a recorded statement at all. It is even more important that you deny statement requests by the other individual's insurance company as well. From the insurance company's perspective, the goal of these recorded statements is to provide the ammunition they need to deny your motorcycle accident claim. It is standard operating procedure for an insurance company to call you several days after your accident to request a statement, First they will typically ask for your permission to record it. Remarkably enough, many of my clients tell me that they do not remember being asked to give a statement, nor do they remember actually giving one. This is especially disturbing in light of what I wrote above concerning the purpose of these statements. Once recorded in black and white, if unfavorable, you can bet that this statement is going to be used against your claim. "Just the Facts" If you feel compelled to report the accident to your own insurance company before consulting a motorcycle attorney, there are a couple of rules you should follow. Don't do it. I cannot overemphasize what a bad idea it is to give a recorded statement to an insurance company. Insist that any statement you do give is not recorded. Keep your statement to a bare minimum - "just the facts" - nothing more. The only information you should give to the other party's insurance company prior to speaking with your attorney is the location of your motorcycle post-accident. I have touched on this topic a number of times at my website, unfortunately, by the time a soon-to-be client reads it, it is often too late. Make no mistake: these statements can come back to haunt you. The sole purpose of a recorded statement in this circumstance is to trip you up and minimize your claim. Do not let it happen to you. When you have been in an auto accident, frequently you will seek compensation from the other driver's insurance company for your damages. This can quickly become complicated. For example, often the other driver may not own insurance or may have not purchased enough insurance to cover the damages. In such an instance you may have to rely on your personal insurance provider to cover the damages. Dealing with an insurance company can be frightening and exasperating. It is often necessary and even beneficial to hire an attorney/personal injury lawyer to aid you in dealing with an insurance company. Your best interests need to be protected and hiring an attorney is an excellent method of securing this. Typically, an attorney will first begin with discussing the situation/damages with the insurance company. During this stage of negating, it is very important for you as an individual to cooperate with your attorney by keeping track of all events that transpired in the accident. A typed or written outline of the accident would be beneficial to your attorney. This way you will not forget any details of the accident. Make a file to contain all information that is pertinent to the accident and keep it in a safe place. Be sure to provide your attorney with copies of your factual version of the accident, a copy of the final written police report, pictures of the accident/car damage/personal bodily injuries, contact information for all parties involved, any medical records/bills, records of lost wages, etc. Typically once all information has been collected by your attorney, the personal injury lawyer will send a letter to the insurance company demanding an appropriate level of compensation. Of course the letter should outline why this compensation is demanded, why the other driver was the cause of the damages/injuries, your medical records, lose of wages, etc. A settlement is often reached between the personal injury lawyer and the insurance agency out of court. But, in some cases it may have to be settled in court. When you are facing the prospect of a totaled vehicle and no ride to work, or the medical expenses associated with a long term illness, the last thing that you want to do is wrangle with your insurance company to get your coverage. If you have submitted a claim for benefits, regardless of what type of policy you hold, and your insurance company has balked at acknowledging, processing or investigating your request for coverage, it may be time to contact an insurance attorney. Unlike other industries in the United States, the insurance industry is not governed by any centralized, federal body of legislation to regulate its practices. Thus, there is not a federal agency unto which you can turn in the case that your policy provider delays, denies or deliberately mishandles a legitimate claim that you have submitted for coverage under the provisions of your insurance plan. The situation can be frustrating, and confronting an insurance company with a legal team of alleged experts can be intimidating. A review of your policy may provide you with the leverage to embolden your efforts and meet the insurance company head on. However, without a full and comprehensive understanding of your legal rights as a consumer, you may still wind up being muscled or pressured into settling for a disbursement that is less than the damages of your claim, or less than the amount of benefits that you are entitled to receive in accordance with the provisions of your policy. One of the crucial characteristics of an insurance policy that is sometimes unknown or overlooked by policyholders is that the policy itself is a legal and binding contract between you and the insurance company. The insurance company essentially provides you with a note of coverage, which states that in the case of x, y and z, you will be provided with "X" amount of compensation or coverage in exchange for "X" amount of dollars in premium payments. And what this means in terms of contractual relationships is: When you make a legitimate claim for coverage or benefits in accordance with the provisions of your policy, your insurance company is obliged to provide you with the coverage or benefits that are outlined in your policy, because that is the language of the contract into which they have entered with you. With the terms of a policy spelled out specifically in black and white, one might be compelled to believe that their insurance company would automatically take it upon themselves to uphold their end of the contractual bargain. However, this is not always the case. Some insurance companies employ what are know as "bad faith" practices in order avoid making a full disbursement of the benefits to which their policyholders are entitled - if they disburse any benefits at all. So, if you're facing an insurance dilemma, and feel as though your claim has been wrongfully delayed or denied, it may be time to consider consulting an insurance attorney.
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