St. Cloud Personal Injury Lawyer

State Farm Speaking The Truth?

Mike Bryant — Wed, 16 May 2012 09:42:00 GMT

It is interesting when you get in a case with a lawyer who represents State Farm and you hear the usual defenses about impact, type of injury, and priors. They will attack the care your client got and the care they didn't get. The work they did or the work they didn't do. It is the shotgun attack of chipping away that they do to stop people from having claims. So I was surprised when I was directed to this information from State Farm:

The Do’s And Don’ts of A Minor Car Accident
Feb 15, 2012

By SFLearn State Farm™ Employee

The fender bender you were just in appears to be minor. No one looks injured and there is minimal damage to the vehicles. First breathe a sigh of relief – then take these precautions to help prevent your small accident from becoming a big problem.

Don’t drive away.
Do stay at the scene and move your vehicle to a safe place out of traffic even if there appears to be no damage. If the other car is parked and the owner isn’t around, leave a note with your name and contact information.

Don’t assume there aren’t injuries.
Do assess yourself and your passengers. Even low-impact collisions can cause injuries, some not appearing until days after the accident.

Don’t sign any documents and avoid accepting or offering cash for repairs. You may end up paying out-of-pocket to repair damage to your car that only appears minor, or you could pay the other driver more than necessary.
Do stay calm. Take notes and photos, and exchange information with the other driver, including your name, address, phone number, driver’s license number, license plate number, insurance company, and policy number.

Don’t assume an accident is too minor to be reported.
Do call the police or file a report on your own. This will help your insurance agent handle your claim. An accident report could also help protect you from issues that may arise later about the extent of damage to your vehicle or injuries to you and the other driver.

Don’t forget to notify your State Farm agent.
Do discuss your options for handling potential claims.

The State Farm Pocket Agent® smartphone app makes it easy to capture the essential details of an accident. Pocket Agent can help you diagram the accident scene, record witnesses’ names and numbers, contact your agent, and even locate nearby repair shops.

Makes you wonder how long this will be up on their website. Or maybe they are finally admitting the truth? Good solid citizens get hurt in car collisions. The whole damage argument is a myth that they use to steal from them.

Originally posted at InjuryBoard by Mike Bryant

We Need To Be Safe for Others on The Roads

Mike Bryant — Tue, 15 May 2012 09:39:00 GMT

I was thinking the other day about how much we depend on each other out on the roads. So many collisions are really nothing to do with what we did or didn't do. They happen because the other person wasn't looking, was doing something else, or was somehow impaired.

It really is a great example of the social contract we have with each other. That we really do take on a responsibility when we start out on the road. That other people's families are really in our protection.

We need to each understand this and do our best to respect and treasure this trust. That we think only about driving when we drive. We need to ensure that we have our focus on the road.

We all can buy insurance to protect us when we don't hold up our end. We also can buy additional coverages to protect us when we are hit by those less responsible.

Take a second and think about the reliance you have on other drivers. Then make sure you hold up your end.

Originally posted at InjuryBoard by Mike Bryant

See Bicycles!

Mike Bryant — Mon, 14 May 2012 09:13:00 GMT

I have looked a number of times at the issue of increased bicyclist deaths in Minnesota. They so often involve bicycle riders being killed. It's a big metal vehicle and a relatively unprotected rider. Clearly, it's a tragedy that needs to be considered by all drivers and riders.

These are the many riders that are remembered with the Wednesday evening Ride of Silence. The number of bike riders will continue to grow, hopefully, keeping this in mind will make it safer for everyone.

Originally posted at InjuryBoard by Mike Bryant

Remembering National Police Week

Mike Bryant — Sun, 13 May 2012 09:21:00 GMT

I have posted a number of times about watching out for police officers doing their job on the road. The advice is always that drivers have to move over. It is a safety issue and it's the law.

In 1962, President John F. Kennedy designated May 15 as National Peace Officers Memorial Day and it was then established by a joint resolution of Congress. President Bill Clinton later signed a law that directs that the flag of the United States be displayed at half-staff on May 15 unless it falls on the same day as Armed Forces Day (May 16 this year). The idea has now been expanded to the whole week.

Some facts concerning the week:

The first known line of duty death occurred in 1792, when a New York Deputy was gunned down. Since then, over 18,600 officers have died while performing their duties.
This year, the names of 387 fallen officers will be added to the National Law Enforcement Officers Memorial in Washington, D.C. That includes 133 officers who died in the line of duty in 2008, and 254 officers who died in previous years but had been lost to history.
In the U.S. between 1999 and 2008, 562 officers have died from gunshots, 482 from auto accidents, 154 were struck by vehicles and 78 were lost in terrorist attacks. Others died from job-related illnesses, bicycling and boating accidents, aircraft accidents and more. Eleven were beaten to death, 11 more stabbed to death. More than 20 drowned, 87 died in motorcycle crashes, eight were struck by falling objects, two were poisoned and one was strangled.
The National Peace Officers’ Memorial Service, which is sponsored by the Grand Lodge of the Fraternal Order of Police, is one in a series of events that includes the candlelight vigil, which is sponsored by the National Law Enforcement Officers Memorial Fund and seminars sponsored by Concerns of Police Survivors.National Police Week draws in between 25,000 to 40,000 attendees.

So if you get a chance, take note of the half mast flags and give each officer room as you pass them on the road.

Originally posted at InjuryBoard by Mike Bryant

Thinking of Mom

Mike Bryant — Sat, 12 May 2012 09:26:00 GMT

At times, we represent clients who are mothers and we see how much the injuries can change their lives. I was moved by the client that had to send her child to foster care, as she recovered from surgery. It was a horrible time for even the short 3 weeks. There is also the client that couldn't pick up her Grandchildren or Great Grandchildren.

Other times, we represent families who have lost their mother. It is heartbreaking to talk to family members about their loss.

On this day I think it's fitting to post one of the poems that I sometimes use as a part of those cases:

Mom, we miss you so very much
On every Mother’s Day;
And not just then, but every minute,
Since you went away.

You were the center of our lives
Before your soul passed on;
It’s just so hard for us to believe
That you are really gone.

But we celebrate the life you lived
And all the things you gave us;
Our wonderful memories, Mom, of you
Are the things that will comfort and save us.

Please think of us, as we think of you
With hearts so full of love;
We’re looking up at you, sweet Mom,
As you look at us from above.

Happy Mothers Day to all Mothers. May it be a special day with your family.

Originally posted at InjuryBoard by Mike Bryant

Buying Minnesota Motorcycle Coverage

Mike Bryant — Fri, 11 May 2012 09:02:00 GMT

I have in the past been to Abate University talking about the importance of all motorcycle riders reviewing what they have for insurance coverage. Because of past court rulings, the insurance companies are not being held to the same standard of coverage as with automobile insurance. The court reasoned that since motorcycle coverage isn't mandatory, the companies don't need to write coverage that that means the same thing as would be understood with your car policy.

So as I was watching a couple of the national companies advertise for insuring more motorcycles I thought it was important to write about a couple of things to keep in mind:

- Check your UIM coverage. If it says the words "difference of the limits", that means that your coverage will actually be subtracted by the defendant's ( person at fault's) coverage. So go ahead and accept that you are buying $30,000 less coverage than the policy says. So if you bought $30,000 in UIM coverage you probably bought nothing.

- Does the property damage really take care of your bike?

- Unless you have purchased separate no fault coverage for wage loss and medicals bills, you don't have that coverage. So make sure that you have heath insurance and disability coverages available. Or talk to a company that does provide No Fault for motorcycles.

- Ask your agent what coverages you have and make notes. I am amazed how many times I hear that a person has asked for "full coverage" and not gotten anything near what they wanted.

- If you have an umbrella coverage, make sure you know what it covers and what it doesn't. It is not unusual at all to have a person buy extra protection and find that they only covered liability (fault) for themselves and did nothing to cover their own damages.

We are always available to look at a policy for you if you set up a time to do it. After a horrific collision, it is too late to find out that you don't have the protection you thought you did.

Originally posted at InjuryBoard by Mike Bryant

Do Nothing Minnesota Legislature!

Mike Bryant — Thu, 10 May 2012 17:57:21 GMT

Well, the session is over and really this group did nothing. It is amazing that they came in saying they were all about jobs. Not even close. They didn't even do their own jobs well. The session for the most part was filled with:

- Social agenda items that don't seem to excite anyone but their most right wing base.

- Attacks on consumers with tort reform, anti union bills, and going after teachers.

- Constitution amendments that will reduce the vote in Minnesota and make this state the only state that is actively going to attack gay marriage.

Now they believe in what they do, but seems to me that this was a better party convention of right wing day dreaming than it was a session of really representing all of the citizens of Minnesota.

I hope that the voters of Minnesota don't buy the made up lines that we are going to hear from this group as they get back to campaigning. We really need leadership right now, a group that is working for all consumers and cares more about jobs and making life better.

This was a horrid example of leadership.

PS I guess the memory will be that they did keep the Vikings here.

Originally posted at InjuryBoard by Mike Bryant

What is the Total Insurance Coverage?

Mike Bryant — Thu, 10 May 2012 09:58:00 GMT

In tragic cases, there really is never enough coverage. The damages are simply too high. So what will happen is that the adjuster will offer the limits. But, before you take them, make sure to ask some questions:

- Where is the declaration sheet showing what the the liability limit amounts are?

- Is there a verification that there isn't other coverage available?

- Are there notices that need to be done to the Underinsured Motorist coverages?

- Have the health insurance interests been dealt with?

- Has Medicare been notified or at least thought about?

There are many things that need to be looked at. Unfortunately, we have seen situations where this information wasn't looked at nor was it ever properly disclosed. As my partner, Joe Crumley has written about:

Finding ALL the Insurance Coverage in Major Injury and Death Cases, Joe Crumley | November 09, 2008 7:53 PM

Every case is different. But it is wise to talk to a lawyer before signing anything!

Originally posted at InjuryBoard by Mike Bryant

Is the Same Insurance Company on Both Sides?

Mike Bryant — Wed, 09 May 2012 09:55:00 GMT

If you are in a collision, it's not always a benefit that both cars have the same insurance. Sure you have some advantages with dealing with your own friendly company, such as a wavier of your deductible. But, are those really great things?

Considering it's the other cars fault, why should you have to pay a deductible? Didn't you pay your premiums on time? Did they ever call and say what a great payer you are?

The area where we see the biggest problem is that the company seems to be really trying to protect greater payouts. A recent example is a person who contacted us because they were having a problem getting their property damage paid. There was a liability fight going on, with a case where it really was ridiculous. The other car was clearly at fault.

Guess what? It was the same company. So were they really concerned about the additional UIM coverage? Because this was a severe injury. Even that real nice adjuster is often thinking about the bottom line. Although, it really is the mean ones that get us more business.

Originally posted at InjuryBoard by Mike Bryant

Is that Rental Car Safe?

Mike Bryant — Tue, 08 May 2012 09:52:00 GMT

How often do people get in rental cars thinking they are like new? They are clean and shiny, but the truth is that they may have been driven pretty hard. They may have been treated more like a rock star's hotel room than property that you expect to own for awhile.

But, according to a great piece by ThePopTorts, there may be bigger problems than that. Apparently, the companies may not be paying attention to recalls. There has been testimony that they have been doing it intentionally. They don't want the down time and maybe like some of the renters they may not really care.

There are many writers here at the Injurboard who write about the dangers that exist on those perfect vacations:

5 Vacation Tips to Keep You from Being an Emergency Room Malpractice Victim, Emily Mapp Brannon | July 16, 2009 9:58 AM

Vacation Turned Tragedy: Boy Drowns at Fort Fisher Beach, Lawrence Egerton | August 14, 2009 9:35 AM

The Summer Months Invite Vacation Travel, but Let’s Not Forget that Accidents Can Happen. Robert Parks | June 16, 2009 9:03 PM

Vacation Safety: How Travel Warnings Could Impact Your Plans,David Mittleman | March 02, 2009 11:46 AM |

Don't let the shine of the "new car" lull you into believing that it's made for speed and reckless driving. Vacations are made for fun and getting back tanned and healthy.

Originally posted at InjuryBoard by Mike Bryant