What to do after a car accident!
Your heart is beating hard, you're breathing fast and you can't believe you just got into an accident. Look around. You're alive? Good. Everyone else? Even better. Now here's what you need to do once the dust settles.
Call An Attorney and Get Help NowYou should:
(1)Keep your auto insurance information in the glove compartment, including a pre-printed form allowing you to provide the particulars of any accident, including a sketch of the scene. (Even better, use that disposable camera you keep in the car. You don't? You should.
(2)Stay at the scene of the accident until police have come and gone, making sure you have the name of the officer(s) and that they have your version of what happened. Do not assume a police report will "take you off the hook" or even that one will be generated in the event of a minor accident ("minor" may mean no one is injured even though your car suffers a direct hit).
(3)Exchange names, addresses, driver's license and insurance information with the driver of the other car.
(4)Review your policy to make sure of your coverage. Make a list of questions and related information you want to know.
(5)Report the accident promptly to your insurance company. This may not seem wise or necessary to you. The accident may be minor, you may not want to risk seeing your rates rise or you may live in a no-fault state and think that the other driver's insurance company will pay for everything. But state laws generally protect you from higher rates unless an accident was your fault. And even though you may think no-fault lets you off the hook for the other driver's medical expenses, it does not. It simply says his insurance will pay for his expenses (up to the limits of his coverage), regardless of who is at fault. But rest assured his insurance company will come knocking on your insurer's door seeking repayment if it believes you were at fault in the accident. The point is, your insurer should be informed.
Think that's the end of it? Read on.You've never read your auto insurance policy, you don't want to read it and even if you're in an accident, you're still not sure if it would force you into those endless lines of fine print and insurance-speak. Assuming you can even find the policy. If you can, look in the back for what are called the conditions of your policy -- what you are supposed to do in the event of an accident. These requirements are pretty straightforward, although compliance may seem like a hassle when you're already upset by the accident itself. But you may forfeit some of your rights if you don't follow these instructions. Next, look at the cover sheet of the policy, which is called the declarations page and which lists the types and dollar limits of your coverage, including short-hand references to any discounts or special provisions you have elected to purchase. Last, there's the actual insuring agreement itself, which explains what your insurer is protecting you against, including definitions of terms used in the agreement and explanations of what's not covered (called the exclusions). If you don't understand your policy, keep calling your agent and/or state insurance department until you get clear answers to your questions. Most people have heard that ignorance is no defense under the law, but they don't think they'll ever have to find out. Auto accidents are one of the most common ways to discover the sobering cost of ignorance.
Hopefully, your accident involves only damages to things and not to people. And, hopefully, it wasn't your fault. Even if it's just your car that's banged up, repairs can be a major headache. This is where the reality sets in that replacement cost is not the same thing as market value. Your car can easily be declared a total loss even though the money you'd receive is nowhere near what it would cost you to replace the vehicle. The best advice about getting your car fixed is to remember that the money may be coming from the insurance company but you should control the repair process. This means refusing to settle for a repair job you don't like. And it may also mean refusing to accept the use of generic replacement parts instead of the original manufacturer's parts (your policy may give your insurer the right to use generic parts, so it's important to check the fine print to know your rights). Even if your favorite shop doesn't do the repairs, you can still have your mechanic look at the car (although this may be at your personal expense) and provide an assessment of what should be fixed. Ultimately, it's your car and your call about what's done to it.
Talk to your agent and/or insurer about your rights (better still, you should really ask these questions before you buy a policy). And if you don't like the answers,
Massachusetts State Insurance DepartmentThanks to
Insure for the information.
Labels: car accident, massachusetts auto accident, motor vehicle accident
posted by Micro149 @ Monday, January 22, 2007 8:15 PM
Can you receive Social Security disability benefits for _________________ (insert the name of whatever disease you are interested in)?
In almost every case, no matter what the disease is, the answer is the same - "Maybe, it just depends upon how badly you are affected by the disease." One example might be cancer. The word "cancer" is scary to anyone, but there are many cancers which can be treated and cured very quickly, with little or no lasting effect. On the other hand, of course, there are cancers which cause great suffering and ultimately death. The question in each individual case is "How sick is this particular individual with cancer and how long is this person going to remain sick?" Skin diseases are another example. The vast majority of skin diseases, while annoying, would not be considered to be disabling. On the other hand, there are some uncommon, very severe skin problems which are clearly disabling. In extreme cases, psoriasis, which is not rare, may be disabling. Thus, almost without exception, the mere fact that an individual has a disease with a certain name does not guarantee that the individual either will or will not be found disabled. It all depends upon how sick the person is.
posted by Micro149 @ 1:16 PM
How can I tell if I will be found disabled by Social Security?
Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled. Attorneys familiar with Social Security disability can make predictions about who will win and who will lose, but even they can seldom be sure. An individual should make the decision about whether or not to file for Social Security disability based upon their own belief about their condition. If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security disability benefits. If denied, the individual should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.
posted by Micro149 @ 1:15 PM
How many different types of Social Security disability benefits are there?
There are at least five major types of Social Security disability benefits. Disability Insurance Benefits is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record. Supplemental Security Income benefits, however, are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. SSI child's disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.
posted by Micro149 @ 1:07 PM
Social Security Disability Thoughts
1. Regardless of what anyone tells you, it's good advice, if you are disabled and unable to work, to pursue a claim for Social Security disability, or ssi based on disability, and get it filed immediately. Reason: disability claims can take a very long time to process. This isn't true in all cases, but it is in most. Unfortunately, many claimants for disability benefits have experienced severe problems and hardship simply because they had no idea how long the process would be, and only realized when it was too late that they should have filed an application much much sooner.
2. If you are denied on your Initial Claim, it's good advice to get an attorney or non attorney Representative to provide representation and help you with your claim for continuing and past due benefits (back pay). Reason: the way the disability system works, a claimant will, typically, either be approved on an initial application...or will be forced to follow the appeal route, at least to the point where their case is brought before an Administrative Law Judge at a social security disability hearing. This is not always the case, but it is generally a predictable rule of thumb (*reconsiderations usually have a much higher rate of denial than initial claims--and initial claims are denied 60 to 70 percent of the time, depending on the state in which you filed. For this reason, most claimants will have to go to a hearing if they hope to be approved--and going to a hearing unrepresented is foolish).
3. If you think you may have problems doing the paperwork for your social security disability Claim, take some advice and find qualified assistance immmediately. An extraordinary number of persons who apply for benefits, or file an appeal following a denial, fail to properly complete their paperwork, or fail to submit their forms in a timely manner (*all appeals for disability must be filed within 60 days of the date of the last denial).
4. Advice: Since your Social Security Disability or ssi claim will be evaluated completely on the basis of your medical records, the best advice is to get regular, ongoing medical treatment. Reason no. 1: even if your past medical records indicate that you are disabled, an examiner or judge will not be able to approve your claim for continuing benefits if current medical records are not available to substantiate your claim. Reason no. 2: if you attempt to get a supporting statement from your doctor (an RFC is much better--see the definitions page), you may have difficulty getting your physician to cooperate if he/she has not seen you recently. If you lose your medical coverage before your claim for benefits is approved, as is usually the case, try to be seen at a free clinic, county health department, or emergency room. While these treatment sources are not the best, they are, simply put, better than nothing. Another avenue to pursue may be with your state's Vocational Rehab department. Very often, VR can assist claimants in getting certain testing and examinations paid for. Though this is always for the purpose of developing a VR claim, vr counselors are usually willing to supply these records to a claimant's representative as well. Just remember this advice: as a general rule you cannot be approved for social security disability or ssi based on disability if you are not seen by a medical provider at least once every two months.
Labels: cancer social security disability benefits, social security disability boston, social security disability massachusetts, ssdi, ssi
posted by Micro149 @ 10:21 AM