Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Auto Accident Blog

Uber Accident = Uber Complicated

Wednesday, October 30, 2019

In today's day and age, it is not uncommon for individuals to hail rides from complete strangers using apps such as Uber, Lyft, etc. What's even stranger are the insurance issues that arise when an Uber vehicle, for example, is involved in a motor vehicle accident.

Under Maryland law, an insurance company may refuse to provide “any and all coverage” for a loss or injury if the incident occurred while the driver was “providing transportation network services.”

For example, Mr. Rideshare uses his personal vehicle for Uber services and his automobile is insured by Big Bucks Insurance Company. Mr. Rideshare does not update his Big Bucks Insurance policy to reflect that he is using his vehicle for ridesharing purposes. If Mr. Rideshare is involved in a motor vehicle collision, whether he is at fault or not, Big Bucks Insurance Company can refuse to cover any aspect of the loss.

If you have been injured in an automobile collision involving a ridesharing app vehicle, you need an experienced attorney who can protect your right to recovery. Call personal injury attorney Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

Exchanging Information Post Motor Vehicle Collision

Wednesday, October 16, 2019

After a motor vehicle accident, the majority of drivers exchange insurance information without issue. However, on occasion, some drivers will refuse to provide their automobile insurance details to the other driver.

Under Maryland law, after an accident, drivers are required to provide their insurance information to the other driver. This information includes the name and address of the insurance carrier, as well as the policy number.

If you are injured in a motor vehicle collision and the other driver refuses to provide you with their insurance information, you should call the police immediately. It is against Maryland law for drivers to refuse this information.

Have you been injured in an automobile collision? Did the other driver refuse to provide you with his or her insurance information? Call Jaclyne Kartley today for a free consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

But it wasn't my fault! Why you should be using your health insurance

Thursday, July 25, 2019

A common misconception (and rightfully so) that most clients have is that they should not use their health insurance for medical treatment after they are involved in a motor vehicle accident. The reason they feel this way is because the accident was not their fault, so why should they use their health insurance? Shouldn’t the Defendant be paying?

This first order of business is to determine if you have Personal Injury Protection (PIP) coverage on your automobile insurance policy. If you need a refresher on PIP coverage, please read my previous blog, “First Party.” Briefly, using your PIP coverage cannot impact your rate, and it can pay for medical bills, lost wages, and other expenses related to your case.

If you have PIP and it exhausts OR you do not have PIP insurance, the next link in the chain is YOUR health insurance. It’s important that all of your medical treatment is processed through your health insurance to ensure that your providers are paid for their services and also so you do not have large balances at the conclusion of your case.

Keep in mind that your health insurance will keep track of what it pays related to your case, and your insurer is required by law to be paid back from any settlement or judgment you receive.

Have you been injured in an automobile accident? Call Jaclyne Kartley today for a FREE consultation at 301-740-3313.

Attorney Jaclyne Kartley

Call or email me with your questions:
Jaclyne Kartley
jkartley@bsgfdlaw.com

How Much is My Auto Accident Case Worth?

Wednesday, March 13, 2019

One of the most often asked questions from my clients is, “how much is my case worth?” The answer is, “it depends.” There are many different factors to consider to determine the value of a personal injury case.

First, it depends on your treatment. If you, for example, attend a few physical therapy sessions and feel better, your case will obviously be worth less than a case where someone underwent surgery.

Second, it depends on your injuries. If you suffered a fracture, your case is probably worth more than a case where the claimant suffered soft tissue injuries. The total cost of your medical treatment will also play a role in the value of your case. Without knowing the cost of your medicals, it is difficult to ascertain what your case is worth. Permanent injuries are also an important factor when examining the value of a case.

Third, did you lose time from work? If yes, your lost time from work should be included in your damages. Further, if you are no longer able to perform your job, or even work at all, a claim for future loss of earnings should be made.

These are only a few aspects of a personal injury claim that determine what a case is worth.

If you have been injured as a result of someone else’s negligence, contact Jaclyne Kartley for a free consultation today at 301-740-3313.

 

How to Unsettle an Unfair Settlement

Tuesday, February 26, 2019

The insurance companies and adjustors are not your friends. After an accident, they call and ask how you are doing, and they sound like they care, but they don’t. Well, they do, just not about you. They care about settling your case for a little money as possible, even if it is not fair to you.

The practice of insurance companies settling cases with unrepresented parties, right after an accident and even when in the hospital is so bad, that the State Legislature had to pass a law to protect Marylanders injured in car accidents.

Under Maryland Law, if you are not represented by an attorney and you settle your case within the first 30 days of becoming injured, you have 60 days to return the money and rescind the settlement in writing. If you are hospitalized, the insurance companies can’t even negotiate with you for the first 15 days after your injury.

This law is necessary because the insurance companies routinely try and settle claims immediately after car accidents in order to minimize their payments. Don’t talk to the insurance company until you call me.

Mind The Gap

Wednesday, February 20, 2019

A few years ago, I had a client who fell down some steps at his apartment complex and injured his back. The cleaning company had just mopped the floor, but had not gotten around to putting up the wet floor signs yet. He began treating for his back, but then found himself in jail. The client received medical care for his back while in jail, and was released after approximately 2 months. I don't do criminal work, and I don't recall the details of his incarceration, except that it was for something minor. The client completed his care after his release and I was posed with a difficult question. When sending my demand to the cleaning company's insurance company, should I submit the medical records from the jail, or should I allow them to believe there was a gap in treatment?

Insurance adjustors aren't original, we know what defenses they will raise and what they are going to say. If you're injured in a car accident, the insurance adjustor will tell you that you treated too long, that your medical bills are too high, that the injuries you did not have 5 minutes before your car crash are somehow not related to the crash, and if there is a gap in treatment, you clearly were 100% better. In the world of insurance adjusting, there is nothing worse for a plaintiff than a gap in treatment.

So the question is, what constitutes a gap? Generally, it is span of time during active physical therapy or chiropractic care, where you miss appointments or don't seek treatment. It doesn't matter to the insurance company if you had to go out of town for work, if you had a death in the family, if there was snow, or if the provider was booked. If you miss appointments, they will tell you that the only possible conclusion is that you didn't need any more care, and that you are all better. Some benevolent adjustors will consider the circumstances of a gap if it is documented in the medical records, but they are few and far between.

For my client that fell down the wet stairs, it was better that the adjustor heard that my client was in jail than for her to think there was a gap. I was able to negotiate a fair settlement for the client.

Recent Posts


Tags


Archive

RSS

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.


"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.


" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."

Karla


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.


"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."

Martin


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.


"These guys go above and beyond! They always have your best interest in mind."

Mike W.


"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal


"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.


"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.


"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.


"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G


"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.


"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.


Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000


TOP