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Getting your automobile insurance deductible back for your vehicle damage claim?

Posted by on 9:21 pm in blog, Car Accidents, Personal Injury | 0 comments

How do you get your automobile insurance deductible back for your property damage claim? Let’s say you are driving down Redwood Road in West Valley City when you come to a stop at a red light. Unfortunately, the vehicle behind you doesn’t stop and hits you, slamming you forward.  Your bumper and the trunk of your car are completely smashed in.  You can’t drive your car anymore. The car accident wasn’t your fault. You reach out to the insurance company of the person that hit you and they don’t return your phone calls. You need your car fixed so you can go to work, so you can’t sit around waiting forever to hear back from the other person’s insurance company. So you decide to have your insurance company fix your car. Then you find out you will have to cover the $250 or $500 deductible. But the accident wasn’t your fault! There are a few options. Depending on which insurance company you have and the situation with the accident, some insurance companies will actually waive your deductible. They do this because they can see that they will get reimbursed from the other insurance company. Another option is to reach into your savings account and pay the deductible out of pocket. If you choose this option, assuming the accident was not your fault, you will nearly always get the deductible money back later. Keep in mind that sometimes the process can take a while depending on how quickly your own insurance company sends a request to the other insurance company to pay them back everything they paid to fix your vehicle, plus your deductible. While typically this takes only several weeks, I’ve seen situations where this process has taken several months, if not longer. A lot depends on how aggressive your insurance company is. What if you insurance company won’t waive the deductible and you don’t have the money to pay the deductible out of pocket? This is where having a law office helping you with the accident, such as ours, can be a big benefit. If you also have an injury case that we are handling, we can arrange for a cash advance for you to cover the deductible. Keep in mind that many law offices will not assist with these cash advances, but we do as a service for our clients. If this is your situation, contact us and we can discuss the details of exactly how this works and how you can benefit. 801-738-9999. We look forward to assisting...

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Getting compensation and a settlement after a car accident

Posted by on 3:31 am in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

Let’s talk about getting compensation and a settlement after a car accident. In Utah, you have to have at least $3,000 in medical bills, or meet another qualification, in order to make a claim for pain and suffering. What is pain and suffering compensation? Compensation for pain and suffering is money that you get to compensate you for having to deal with and endure the pain from the accident. It can also include compensating you for not being able to do the things your normal do as you recuperate from your injuries. This is different from compensation for medical expenses or lost wages, which are usually calculated to the exact dollar amount. In contrast, compensation for pain and suffering is subjective. This is the category of damages where it really helps to have an advocate and lawyer working for you. How much should you be given for a back sprain?  Or a whiplash injury? Or a broken forearm? Or a concussion? Certainly the more serious an injury is, the more your settlement is going to be, which makes sense. As an attorney, I have handled thousands of cases, so I have a pretty good idea of what an insurance company might think is fair for pain in suffering. I also have good knowledge of arbitration awards and jury verdicts, so I also know what possibilities and probabilities might await you should you chose that route. Unfortunately, I have met with people and potential clients that did not realize the true value of their case and settled with the insurance company. Depending on the circumstances, once you have agreed to a settlement and signed a release, it can be difficult, if not impossible, to get out of such settlement. You are basically stuck. That is why it is always good to consult with an attorney before you sign anything with the insurance company. As mentioned above, the more serious injuries you have, the higher your settlement will be. This is also true with the more serious medical treatment you undergo. For example, if you have surgery, like a lumbar or cervical fusion, your case could be worth 10 times more than if you did not have such surgery. The reason is because surgery has a big impact on peoples lives. Some people never properly heal from surgery. Others miss a substantial amount of work. Unfortunately, some end up needing revision surgeries. I am always happy to answer questions about what a case is worth, even if you don’t retain my services. Feel free to call me today....

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How to make a claim if the other driver doesn’t have insurance

Posted by on 4:30 pm in blog, Car Accidents, Personal Injury | 0 comments

How do you make a claim if the other driver doesn’t have insurance? Unfortunately, there are other drivers out there in Salt Lake City and Utah that do not have automobile insurance, as required by the law. What happens when one of these drivers runs a red-light and hits you? Or if one of these drivers is following you too closely on the freeway and rear-ends your car when traffic ahead stops suddenly? Fortunately, there are coverages to protect you from other drivers without insurance. With regards to the damage to your vehicle, if you have full coverage or property damage coverage on your own vehicle, you can use your own insurance to get your car or truck fixed or replaced. You will still have to cover the deductible though unfortunately. However, there is a coverage called uninsured property damage coverage that will cover you in these situations. Most people do not carry this coverage though, but check your policy to see if you have it. If you have been injured, you can make a claim with your own insurance company with what is called an uninsured motorist claim or what is commonly referred to as a UM claim. Normally, your UM limits are equal to your current liability limits. In Utah, the minimum liability limits are $25,000 per person and $65,000 per accident.  However, your policy might much higher limits, such as a $500,000 single limit. The limits is the maximum your insurance company will pay, not what they value your claim at. Therefor, it is still beneficial to hire an attorney, as you will normally get a much higher offer from your insurance company. There are also some good options with going to arbitration against your own insurance, including a statute that allows you to get part of your money up-front from the insurance company, before you even begin the arbitration process. Be aware that sometimes insurance companies will have you sign a waiver to lower your UM coverage or eliminate it completely. They do this because it is a few dollars or small percentage cheaper for you, but it is not worth it in my opinion. I have successfully been able to get some of these waivers removed, as the insurance company did not comply with all the exact steps required by the law for the waiver. So even if you signed a waiver, it is still worth your time to have an attorney review your case. I’m always here to help....

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Get Fair Compensation for Accidental Death

Posted by on 5:06 pm in blog | 0 comments

No amount of money can replace a loved one.  But if you have lost a loved one through due to an accidental death, you are legally entitled to compensation for expenses related to the loss.  This allows dependents left behind to pick up the pieces and move on without worrying about financial issues related to  medical bills, loss of income, and other related expenses. Legal Help for an Accidental Death in a Car Accident If you lost a loved one in a car accident, your focus should be about helping your family cope with the loss. Worrying about compensation, medical bills, and other financial issues should be left to the lawyers. If your loved one’s accidental death happened in the greater Salt Lake area, Provo, Ogden, West Jordan, West Valley City or another part of  Utah, look no further than Symkoviak Law Firm. Don’t Fall for It In many cases, those who are involved in a car accident have car insurance. However, insurance companies are businesses with the bottom line on their mind. For this reason, insurance companies may not be straightforward about honoring a claim. They may deny or delay a claim or offer compensation that is inadequate. Symkoviak Law Firm has been dealing with such scenarios for years and emerged victorious for thousands of clients. We take on all types of car accident cases. This includes motorcycle, pedestrian, bicycle, and semi-truck accidents, as well as wrongful death cases. What We will Do for You When you come in for a consultation, you will speak directly to one of our lawyers.  We understand that you need the case to be resolved  as soon as possible, so will do what we can to make the process as stress-free as possible. You will always get fair treatment and understanding from our lawyers. We know that the loss of a loved one will have a great impact on your life. This is why you will get skilled, experienced and dedicated accidental death lawyers working on your case who will  give you the best chance of getting fair and adequate compensation. Call Us Our offices are in the greater Salt Lake City area. However, we can come to you at your home and office anywhere in Utah if you are unable to come to our offices for one reason or another. We will do a free consultation with no obligation. Contact us and let us help you to get the compensation  you deserve so you or others left behind can have the means to pick up the pieces and get on with life. Since we started handling personal injury cases, we have handled and successfully resolved close to two thousand car accident and personal injury cases. We will represent you and ensure that your story ends with you getting the compensation and justice you so richly...

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How Do I Get the Most Money for My Personal Injury Settlement?

Posted by on 6:27 pm in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

How do I get the most money for my personal injury settlement? This is a question I frequently hear when I talk with someone who has been in a car accident. The question is justified as there are often past medical bills to pay, future medical bills, and sometimes a lifetime of suffering. The first issue we have to address is what are the insurance company policy limits? According to Utah law, when you are in a car accident, the other driver is required to have insurance.  The insurance of the other driver will have limits on the amount they will pay on behalf of their driver. The limits are typically broken down into separate categories for bodily injury and property damage. For example, in Utah the minimum is $25,000 per person or $65,000 combined for bodily injury. However, the driver may have insurance limits that are much higher, sometimes $100,000 per person or sometimes even a $500,000 combined single limit. Commercial vehicles, such as most semi-trucks, will have insurance limits even higher. It is not unusual to see a $1,000,000 policy or even a $5,000,000 policy. If the other driver does not have sufficient insurance or have any insurance, another type of claim can be made, which will be addressed in a another blog. The next step to maximize your recovery by getting the necessary and proper treatment. If your doctor or the ER doctor recommends that you see a specialist, you should do this, even if you don’t have health insurance. We can arrange for financing or liens so that our clients can get the treatment that they need. If you do not follow your doctor’s recommendations, the insurance company might point out that you are being non-compliant. Sometimes it is also important to get a second opinion. Some doctors can be dismissive of patients who have been involved in car accidents. I have even seen this in the ER. Maybe the doctor or the ER are overwhelmed on that particular day and they just want to get the patient out as soon as possible so they can treat other patients. In those situations, we can help you find a doctor to get a second opinion. It is always better to know now for sure whether or not you have been insured, rather than to find out 5 years later after you have already settled your case. In addition to these above, there are numerous strategy options that I pursue for my clients to enhance their recovery. Some of these are far too detailed for this blog and some involve complicated legal maneuvers. There is a reason statics show that those clients who have an attorney representing them often have settlements three times higher than those without an attorney. I just recently help a woman in West Valley City who had been in a car accident. The insurance company offered her nothing at first, as she had gone through an intersection on a yellow light. After a few months of fighting and arguing with the insurance company, I was able to get them to offer their policy limit. Their offer went from $0 to the limit. That is what an attorney can do for you. Call me today- I’d love to help....

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How do I get surgery after a car accident if I don’t have health insurance?

Posted by on 9:17 pm in blog, Car Accidents, Personal Injury | 0 comments

What do I do if I have been in a car accident and I need surgery, but I don’t have health insurance? If you have been seriously hurt in an auto accident, you may have this very question. If you have a Utah automobile insurance policy, typically your own insurance will cover at least the first $3,000 of your medical bills under the PIP coverage. (This is discussed in my last blog post.) However, a surgery can cost much more than $3,000. Some back and neck surgeries can cost upwards of $100,000. If someone else caused the accident or if you were a passenger in a vehicle where the driver caused the accident, you can make a claim against that person’s insurance company. However, that process can take time and if you are making a claim for a settlement, it is more beneficial to have the surgery first and then receive a settlement later. The reason is because that way you can ensure all your medical bills will be paid and you will receive much more for your settlement. So what are you to do if surgery is required now? One of the things my law firm will do is help you finance your medical procedure. We work with outside companies who will pay for your surgery and then we will pay back the outside company when we settle your case down the road. This will give you the best result, not only for your case, but also so that you receive all the proper medical treatment you need. These companies will only work with your attorney and some only work with certain law firms, like ours. We also have the option of working with a outside company to get you cash directly, which can then be used to pay for medical care or even for groceries or rent while you are recovering from your surgery. There are many options that we have that can be beneficial for you. Please don’t hesitate to contact us today to see what we can do for you....

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Who pays my medical bills after a car accident in Utah?

Posted by on 7:01 pm in blog, Car Accidents, Personal Injury | 0 comments

If you have been in a car accident in Utah, you might be wondering who pays for your medical bills. You may have been contacted by your own insurance and told about PIP or personal injury protection benefits. Utah automobile insurance policies must give you coverage of at least $3,000 for PIP coverage. This means that when you are in a car accident, you should actually use your own PIP benefits to cover your initial medical bills up to the PIP limit. This might seem strange, especially if someone else caused the accident. Why shouldn’t the person who hit you or caused the accident pay for your medical bills, instead of your own insurance? Or at least, why shouldn’t that person’s insurance pay instead of your own insurance? The reason is because of the laws in Utah with PIP coverage. The idea is that the Utah legislature wanted those who are hurt in car accidents to have immediate access to medical coverage so they can get the treatment they need. This is especially true if you don’t have health insurance and need to go to the ER or emergency room. With your PIP coverage, you hopefully will have your hospital bill and the ambulance bill covered or at least a good part of those bills covered. Now don’t feel too bad for your own insurance company yet in this scenario. They typically will get reimbursed from the at-fault party’s insurance company eventually for what they paid to you under the PIP coverage. Also, once you have used up the $3,000 in PIP coverage, you can qualify for a settlement for pain and suffering, in addition to any additional medical expenses through the insurance of the person who hit you. This is where we typically step in and help our clients out. We help them get a settlement for pain and suffering, along with helping them get the medical bills over PIP covered and any lost wages covered. Call us today to help you out as well-...

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Getting your car repaired after an accident?

Posted by on 8:00 pm in blog, Car Accidents, Personal Injury | 0 comments

Getting your car repaired after an accident? Many people have questions about getting their car or truck fixed after they have been in a car accident. This post will attempt to answer some questions about the property damage claim you might have after a car crash. Will my car be fixed or replaced? That depends on how much damage has been done to your vehicle. Most insurance companies have a general formula to determine if they will fix a car or deem it a total loss. For example, one insurance company might decide that a vehicle will not be repaired if the value of the repairs exceed 80% of the value of the vehicle. Typically, the value of the vehicle is determined by comparable sales of similar vehicles. This includes options and the mileage on the vehicle. Under Utah law, the insurance company has the choice of whether to ‘total’ a vehicle or to repair it. Sometimes, you can influence this decision. I’ve been involved in some cases where we have influenced the insurance company to either total or repair a vehicle, depending on my client’s wishes. Should my insurance company or the insurance company of the other driver fix my car? The answer is that it depends on the circumstances. If the other driver caused the car accident and is at-fault, you do have the option to have the other insurance company fix your vehicle. If you have ‘full coverage’ or property damage coverage under your own policy, you do have the option to have your own insurance company fix your car. When deciding between the two insurance companies, you should consider factors such as your deductible and the reputation of the insurance company. Typically you will have to cover or pay for the deductible if you fix your car through your own insurance. If the other party is at-fault, you will usually get this deductible money back, but sometimes it can weeks or months. In fact, I’ve had to fight with insurance companies many times to return my client’s deductibles. The deductible amount is set by your insurance contract, but it is usually something like $250, $500, or $1000. The other factor is will you be satisfied with the repairs and the process. Usually, your own insurance company will be more ‘customer-service’ friendly, since you are their client, but not always. Having dealt with over a couple thousand cases, I can tell you which insurance companies offer better customer service. Please contact me about your particular...

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Back and neck injury after a car accident?

Posted by on 2:22 pm in blog, Car Accidents, Personal Injury | 0 comments

It is very common to sustain back and neck injuries in a car accident. The reason for this is because of the forces involved in the accident itself.  For example, when you vehicle is hit from behind, you might be thrust backwards violently. Sometimes your head will snap back and strike the headrest of the car, resulting in a neck injury. Even worse, sometimes your car or truck will be pushed into another vehicle in front of you. This may then cause you to violently be thrown forward. In fact, you could be thrown backwards and forwards multiple times, as vehicles are known to ‘pin-ball’ back in forth between two vehicles at times. Your neck and back were not designed for such violent acceleration and deceleration changes. For this reason, your neck and back can be injured in the accident. The mildest form of neck and back injury would be a strain or sprain. This is what insurance companies refer to as a ‘whiplash’ injury. On the other end of the spectrum are the more serious neck and back injuries. You can suffer broken bones in your spinal column. You could also suffer a herniated or bulging disc in your spine. Some of these injuries require surgical intervention. While spinal x-rays will typically show whether or not you have  broken bone in you spine, they will usually not show if you have a herniated or bulging disc. For that you usually will need to have an MRI done or a CT scan. Although I am a lawyer and not a doctor, I have seen thousands of injury cases and I have a pretty good idea of what type of imaging you might need to investigate your injuries to the fullest. Of course, I always recommend that you follow the advice of your medical professional. However, I have worked with many different types of medical specialists over the years that I can refer you to so that you can get the proper medical treatment. I work with medical professionals in all areas of Salt Lake County, including Salt Lake City, West Jordan and West Valley City.  I even work with some medical professionals that will see you if you do not have health insurance or if your PIP (personal injury protection) benefits have been used up from your automobile insurance. Contact me to today and let me see what I can do to assist...

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Does having surgery increase the value of my case?

Posted by on 5:04 pm in blog, Car Accidents, Personal Injury | 0 comments

Does having surgery increase the value of my personal injury or car accident case? There are several reasons why having surgery increases the value of your personal injury case. First, insurance companies receive numerous claims from potential claimants each day. They have to determine which claims are more serious and will require higher settlements. One of the factors that they look at is what type of medical treatment is received and how invasive such treatment is on the life of the claimant. Since surgery usually involves high medical bills, a long recovery, and a high amount of risk to the patient, surgical claimants are deemed to have more serious injuries. Therefore, the insurance companies set aside more money for such claimants. Secondly, insurance companies are also trying to determine which claims have merit. Unfortunately, insurance companies believe that some claims are not made in good faith by claimants. Once such factor that helps them determine whether or not a claim has merit is what the claimant was willing to undergo to seek relief from their injury. Typically, most insurance adjusters believe that a claimant will not risk their health, time, and body to have an unnecessary surgery. Thirdly, surgical claimants usually have a demonstrable injury, rather than a subjective injury. For example, if back surgery is required on a herniated disc, such injury can typically be see on an MRI. Conversely, a claimant claiming whip-lash injuries sometimes will not be able to demonstrate their injury on any type of diagnostic test. This proof or ability to show the injury becomes especially important if the claimants injury requires filling in court. If an insurance adjuster feels a claimant will not do well in court, such adjuster may offer less on the claim, as there is less exposure for the insurance company should the claim not settle and be required to go to court. In addition the above, there are other reasons why surgery increases the value of your case. Please call me to discuss your case or potential surgery....

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