While the amount of property damage done to the Plaintiff’s vehicle in a car accident is typically the most important factor in determining the value of a soft-tissue car accident claim, a close second is consistency of treatment.  The Atlanta car accident lawyers at Zevin & Rosenbloum believe the perfect soft-tissue (chiropractic) injury claim would be one where the Plaintiff claims injury at the scene of the car accident, is transported to the hospital by ambulance and then begins treating with a private doctor or chiropractor within a few days following the release from the hospital.  This Plaintiff would then follow their doctor’s instructions and would treat consistently until released from the doctor’s care.

Of course, injuries are the main component to any personal injury claim.  In soft-tissue injury trials, often times the testimony of the Plaintiff is the only true evidence of the Plaintiff’s injuries.  Many potential clients who contact the car accident lawyers at Zevin & Rosenbloum for a consultation tell us of significant gaps in their treatment.  Sometimes those gaps can be a week or more.  Gaps in treatment often lead insurance adjusters and juries to ask, “if the Plaintiff was as hurt as he or she says, why was there a week or two where there was no treatment?”  Those questions are hard to answer.

The reason why gaps in treatment are so important in soft-tissue injury cases is simply because there is rarely any objective evidence of injury in soft-tissue injury situations.  This means that the only way the doctor knows that the Plaintiff is injured is because the Plaintiff told the doctor he or she was injured.

The Atlanta auto accident lawyers at Zevin & Rosenbloum have been helping injured Georgians since 1971.  If you have any questions regarding gaps in treatment, or if you or a loved one have been injured in a car accident, please call or contact us today.

Many car insurance policies offer coverage that you may not know about. There are also things that are not covered by standard insurance policies. It is important that you understand what your rights are before you are involved in an accident and need to file a claim. The following five facts are not widely known by most individuals who purchase auto insurance.

1. Your Car is Covered, but Your Belongings Are Not

Did you know that all the personal possessions you carry in your vehicle are not covered under your car insurance policy? That’s right, even the most comprehensive car insurance policy will not reimburse you for items that are stolen or damaged while in your car. You will be compensated for any damage that is done to your vehicle, but your possessions are not considered part of the vehicle’s value. The best idea is to refrain from carrying extremely valuable items with you when you are driving.
However, if you are like most people in today’s age, your cell phone, laptop, and GPS unit are considered essentials. The trauma of losing these items is bad enough. In today’s economy, chances are the average person does not have the money on hand to run out and purchase new ones. Therefore, it is important to make sure you have your items insured. In order to insure the items you carry with you, it is necessary to purchase a rider on your home insurance policy. Always keep receipts and make sure you have photos or video of your items to prove their condition before they were damaged or stolen.

2. You May be Eligible for a Diminished Value Claim

When you purchase a vehicle today, it has become standard to receive a car history report. That’s great for the buyer, but not so great for the seller if your vehicle was in an accident and you never received compensation for the diminished value of your vehicle. When you go to trade your vehicle in you will not receive as much for it. Even if your car was repaired by a good quality auto body shop, the resale value will be reduced simply because it was in a collision. Most buyers will not purchase a vehicle that has been in an accident unless they receive a discounted price. Your insurance company must reimburse you for your damages. They will not automatically send you a check for your diminished value. You must file this claim in addition to your regular claim and prove your vehicle has received a loss in value due to the accident.

This is a lot easier to do on a newer car but not impossible to do on an older car. Diminished value claims are generally offered to the person who received damage from the insurance company of the person who is found at fault in the accident. Insurance companies rarely offer diminished value payments when they are reimbursing the primary driver insured on the policy.

3. Coverage for Your Pet’s Injuries

Everyone understands that their car insurance covers medical bills for the driver and passengers involved in a car accident. If you are driving with a pet in the car, you should check with your insurance company about whether or not your pet’s injuries are covered, too. Some insurance companies will pay up to $1,000 for veterinarian bills for you injured pet or the pet of a family member that lives with you. The coverage is not available in all states or through all insurance companies so make sure to perform a thorough auto insurance comparison up front if you have family pets. If you travel with your pets often, it is a good idea to find out if your policy will provide reimbursement for an animal’s injuries.

4. Save Money by Paying a Lump Sum

Most insurance companies offer discounts to customers who are willing to pay for their policies in one or two lump sums over a year. Spreading your payments out month to month may seem less expensive than spending hundreds of dollars once a year, but the policy price is generally higher when it is spread out over twelve months. Even paying for your policy every six months is less expensive than paying for it every single month. Talk to your agent about the fees that are attached with a monthly payment so that you will be aware of the savings involved in paying annually or semi-annually.

5. Taxes and Fees Covered by Your Car Insurance

The tax and registration fees on your vehicle may be covered by your insurance company if your vehicle is declared a total loss. In some states, the car insurance company must pay for the taxes and fees up front and in other states, the insurance company provides reimbursement after the settlement. Some states only require the insurance company to reimburse you for the tax and registration if a new vehicle is purchased within a specific amount of time after an accident. If you are being reimbursed by the other party’s insurance company, they might not be required to pay you for the cost of tax and registration.
The bottom line is that you should read your car insurance policy thoroughly so that you are aware of the things that are covered and the things that are not. Many minor details can make a huge difference when you need to file a claim after a collision. For example, if you loan your car to a friend and he or she is involved in an accident, your car insurance will pay for the damages regardless of your friend’s insurance situation. Little things like that can increase your insurance costs, which means you should be aware of them when you purchase a new policy.

If you have any questions about your auto insurance policy, call the Atlanta car accident lawyers at Zevin & Rosenbloum today.

Goodyear Tire and Rubber Co. and a Southeastern tire retailer have agreed to settle a $2 million lawsuit blaming a faulty tire for a Mississippi crash that killed one man and injured two others.

Goodyear Tire and Rubber Co. and a Southeastern tire retailer have agreed to settle a $2 million lawsuit blaming a faulty tire for a Mississippi car crash that killed one man and injured two others. The amount of the settlement was not disclosed.

Travis Kirby, then 20, was legally drunk and speeding when he drove his Chevrolet Camaro off a rural highway and into a tree about 25 miles southwest of Jackson, killing himself and injuring passengers Riley Strickland, then 18, and Sidney Odom, then 19. Odom’s attorney, Mike Allred, said the crash put his client in a coma for two weeks, and that his injuries will cause him lifelong difficulties.

Authorities said Kirby was driving about 90 mph at the time of the crash, and that his blood alcohol concentration was 0.25 percent, more than three times that required to be legally drunk.
Families Say Tire Was Inappropriate for Car

The families of the three men alleged that a faulty right rear tire caused the crash, and sued the Jackson car dealer from which Kirby bought the car, independent tire retailer Big 10, from which the car’s tires were purchased by a previous owner, and Goodyear, maker of the tires. The lawsuit alleged that the tire carried a 50,000 warranty, but failed at 10,000 miles, and that it was designed for a passenger car but misrepresented as being appropriate for a sporty car.

The car dealer settled out of court.

Goodyear and Big 10 blamed the crash on drunkenness, excessive speed, and the possibility that the tire was punctured by something in the road.
State Supreme Court Dismisses Case Upon Settlement

When a Copiah County jury agreed with the families and awarded them $2.1 million, the defendants took the case to the state Court of Appeals, which upheld the lower court in April. The case was then appealed to the state Supreme Court. After the recent settlement, the Supreme Court dismissed the case.

If you’ve been injured or lost a loved one due to a defective product, contact the Atlanta car accident lawyers at Zevin & Rosenbloum today. Consumers have a right to expect the products they purchase are safe and a right to compensation if that proves not to be the case. We will fight to get you the money you deserve.

A Mississippi jury returned a $131 million verdict against Ford Motor Co. in a wrongful death lawsuit by the family of a man killed in a 2001 rollover of a Ford Explorer sport utility vehicle.

View Full Article

A Mississippi jury returned a $131 million verdict against Ford Motor Co. in a wrongful death lawsuit by the family of a man killed in a 2001 rollover of a Ford Explorer sport utility vehicle. The victim’s cousin, who survived the rollover, was awarded $1.5 million.

After the verdict in Jasper County Circuit Court, the parties negotiated a settlement for an undisclosed amount.

The auto accident lawsuit was brought by the family of Brian Cole, who died in his Explorer Scout, a two-door version of the Explorer. Cole was speeding and not wearing a seat belt when the vehicle rolled over and ejected him. He was a pitching prospect for the New York Mets.

Original Design Was Based on Pickup Truck

Cole was killed in a first-generation Ford Explorer, based on a pickup truck chassis design, which gave the vehicle a high center of gravity and a solid rear axle, making it more prone to roll over than SUVs with a lower center of gravity and independent rear suspension. The Scout that Cole drove was also ten inches shorter than the four-door model, adding further instability.

Ford sold more than 4 million Explorers before redesigning them for improved stability in 2002, giving them a wider wheelbase, as well as a lower center of gravity and independent rear suspension.

Ford Has Never Admitted to Unstable Design

Through millions of dollars of lawsuits, Ford never admitted that its SUV was any more prone to rollovers than any other SUV. In 2000 and 2001, the company conducted an expensive recall of the original equipment Firestone tires, blaming them for the rollovers. The rollover rate for pre-2002 models remained the same after switching tires.

For 2011, Ford has abandoned the Explorer as an SUV and replaced it with a crossover vehicle of the same name. The new model is based on the undercarriage of a Volvo sedan, considered among the safest cars in the world.

If you or someone you know was injured or killed in Ford Explorer rollover, call or contact Atlanta’s premier car accident lawyers at Zevin & Rosenbloum today. You may be eligible for financial compensation for medical bills, loss of income, pain and suffering, and loss of companionship. In spite of the company’s denials, Ford’s 2002 redesign of the Explorer makes in pretty clear that the company was aware that the older models were potentially dangerous. Ford should be accountable for cashing in on the popularity of SUVs by rushing to market an inferior, unsafe design.

Totaled Vehicles

One of the most frequently asked questions received by the Atlanta car accident attorneys at Zevin & Rosenbloum deals with totaled vehicles.  The insurance company responsible to pay property damage claims will decide whether or not to fix a vehicle once it has been damaged.  Normally, if the vehicle can be repaired for 80% or less of its fair market value, the vehicle will be repaired.  If the vehicle cannot be repaired for 80% of its fair market value, the vehicle will be deemed a total loss.  In the event that your vehicle is deemed a total loss, the insurance company will pay you the fair market value on the date of loss.  Often, our clients are pleasantly surprised at the value placed on their vehicle.  However, if you are not pleased, you may speak to one of our attorneys, who will use sophisticated software to determine whether the value determined by the insurance company is reasonable.

Many times, our clients ask if they can keep their totaled vehicle.  Most of the time, the insurance company will allow our clients to keep their totaled vehicle, but will subtract the salvage value (normally 10% of the fair market value) from the amount offered.  In that situation, our client must give their title to the insurance company in return for a check, and must then go through the process of obtaining a salvage title from the State of Georgia.  In order to receive a salvage title, the vehicle must be inspected to determine if it is safe to drive on the roads of our state.

Receiving a rental car when your car is totaled

Under Georgia Law, when an automobile accident occurs, the at-fault party (or the at-fault party’s insurance carrier) must pay to repair our client’s vehicle and provide a rental car for the period of time the car is being repaired, or, if the car is deemed a total-loss, the at-fault party must pay the fair market value of the vehicle on the date of the loss.  Accordingly, the law does not require rental cars when a vehicle is totaled.  However, most insurance companies will offer a rental car until the value of the vehicle is determined (normally around five days or so).

The car accident lawyers at the Atlanta office of Zevin & Rosenbloum do not handle property damage only claims.  However, if you or a loved one have been injured in an auto accident and have questions about your property damage claim, call or contact us today.

What is medical payments coverage?

Medical payments coverage is an elective coverage in Georgia that covers medical expenses incurred due to an automobile accident.  Under Georgia law, the only type of car insurance mandated by law is liability coverage. All other coverages, including medical payments coverage, uninsured/underinsured motorist coverage, collision coverage and comprehensive coverage are elective, meaning that you are able to choose whether to pay for these protections.

Medical payments coverage is available in amounts ranging from $1,000 to $50,000 or more.  Although each individual insurance policy is different, most policies allow for payment of medical expenses for three years from the date of the car accident.  Unlike traditional health insurance, medical payments coverage has no deductibles and no co-pays.  The entire amount of the bill is covered.

Should you carry medical payments coverage?

It depends.  Medical payments coverage is very cheap (compared to the other coverages available to you).  The cost for $5,000 of medical payments coverage can cost as little as $20 for each six-month period.  If you have good health insurance, and can afford deductibles and co-pays if you are injured in a car accident, you probably do not need medical payments coverage.  However, if paying $60-$120 per week for physical therapy co-pays would not fit into your budget, you would probably be a good candidate for medical payments coverage.

The Atlanta car accident lawyers at Zevin & Rosenbloum believe that if you do not have health insurance, medical payments coverage is a must.  When we conclude a car accident case for a client, we must pay all outstanding medical bills out of the settlement proceeds.  Typically, if our client has $5,000 in medical payments coverage or more, all medical bills are covered by the medical payments coverage.  Accordingly, there are no medical bills for us to pay and the client receives much more money.

If you have any questions about medical payments coverage, or if you or a loved one has been injured in a car accident, call or contact the auto accident attorneys at Zevin and Rosenbloum today.

Clients frequently ask me how much insurance they should carry. In Georgia, the minimum insurance limits are $25,000/$50,000. What that means is that for each accident, the maximum amount each person can receive in their personal injury case is $25,000 and the total amount paid to multiple claimants is $50,000. With the ever-increasing cost of medical care, carrying $25,000/$50,000 in automobile insurance is simply not enough.

The best way to decide how much liability coverage to carry is to add up all of your assets (home, cars, cash, investments, etc.) and carry insurance limits of at least that amount. I also recommend an umbrella policy. A $1 million umbrella policy only costs $200-300 per year. It is well worth it.

Another thing to consider is that you cannot carry more uninsured/underinsured motorist coverage than you carry in liability coverage. In my opinion, uninsured/underinsured motorist coverage is the most important coverage to have. If you are seriously injured in a car accident and the other driver carries minimum insurance limits, you need the uninsured/underinsured motorist coverage to pay the rest of your claim. I suggest carrying $300,000/$500,000 in both liability coverage and uninsured/underinsured motorist coverage. That way, you are covered up to $300,000 if you are seriously injured in a car wreck.

If you have any questions regarding automobile insurance, or have been injured in a car accident, call the auto accident lawyers at Zevin & Rosenbloum today.

Being involved in a car accident is very scary. Once the collision happens, it is very easy to become overwhelmed with fear and anxiety, whether you were the cause of the accident or the victim of the accident. However, it is very important that you remain calm in the moments after your accident so you can take all the steps necessary to take care of the accident in the proper way before contacting your auto accident attorney.

Immediately after the collision you want to bring your vehicle to a complete stop. All vehicles involved should pull over and out of the way of oncoming traffic, if possible. Next you want to check for any injuries that you or your passengers may have received. Call 911 immediately, whether there are apparent injuries at the scene or not.  It is imperative, in any accident, that the police are called and make an official report of the accident.  If possible, make contact with the driver of the other vehicle to exchange information. You will want the basics such as their name, telephone number, and home address. Next, take down the make, model, and license plate number of their vehicle, as well as taking down any important information on their insurance card. After this, you will want to document the damage to your vehicle and the other vehicle(s). If you have a camera phone or other type of camera around, you can take pictures, otherwise you’ll want to write down a detailed description of the damage. If there are any witnesses, you should get their information as well.

Now it’s time to contact your auto accident lawyer. You should make no statements to any insurance company representatives prior to contacting an attorney.  At Zevin & Rosenbloum, P.C., we specialize in helping clients through this tough time with an expert car accident attorney. We can provide you with a car accident lawyer who can guide you through the process of recovery, for both you and your vehicle. We want you back on the road, so if you need a car wreck attorney, contact us today at (404) 522-1616 or via the contact form to the left.

According to the Centers for Disease Control and Prevention (CDC), one in every three teenage deaths is caused by a motor vehicle crash.

For a teenager, a driver’s license represents freedom and independence. According to the Centers for Disease Control and Prevention (CDC), it also represents one of the gravest threats to a teenager’s life. According to an article on the agency’s Web site, one in every three teenage deaths is caused by a motor vehicle crash.

The CDC article that says teenagers aged 16 to 19 are four times more likely to be involved in auto accidents than older drivers, and that an average of nine teenagers in that age bracket died from vehicle crash injuries every day in 2008, the most recent year for which final figures were available. In that year, 3,500 teenagers from the ages of 15 to 19 were killed in vehicle crashes and 350,000 required emergency room treatment.
Crash Danger Greatest in First Year of Driving

Teenagers are most likely to be involved in a crash in their first year of driving, according to the article. Gender is another factor; male teenage drivers are twice as likely to be killed in crashes as females. The presence of other teenagers in a vehicle without adult supervision increases the chance of a crash; the likelihood increases with the number of other teenagers present.

The CDC article listed several risk factors for teenage drivers, including inexperience, risky driving behavior, not wearing seat belts, and driving under the influence of alcohol.

According to the CDC, teenagers’ lack of experience leaves them less able to respond adequately to hazardous or emergency situations than older drivers. Teenagers are more likely to speed than older drivers, and less likely to keep a safe distance from other vehicles. They are also less likely to wear seat belts. Figures show that drinking and driving is more prevalent among teenage drivers than among older drivers, as is the rate of accidents caused by drunk driving.
Cell Phones, Other Devices Add to Distracted Driving Danger

Although not included in the CDC report, distracted driving by teenagers using cell phones and other electronic devices is a concern increasingly expressed by other groups. Teenagers grow up with, and seem inseparable from, such devices, and often lack the experience to realize the danger of distraction caused by the devices.

If you or a loved one are injured due to the negligence of a teen driver, call or contact the automobile accident lawyers at Zevin & Rosenbloum, P.C. today.

A Beaver County, Penn., man injured in a car accident in October 2003 has received a jury award of more than $2 million. The plaintiff sought compensation for pain and suffering and for loss of past and future wages, claiming he could never return to his job as a sander operator.

The plaintiff’s wife was awarded $100,000 for loss of consortium, a legal term meaning that the plaintiff’s injuries deprived her of the accustomed benefits of their relationship.

Brian and Tina Murphy, residents of Franklin Township, about 40 miles north of Pittsburgh, sued Harvey’s Auto Body, located in Baden, and owner Harvey Marenic. According to plaintiffs’ attorney Doug Olcott, the Murphys were stopped at an intersection on a rural highway near their home when Marenic, driving a company-owned vehicle, struck their car from behind, propelling it into the path of an approaching tractor-trailer.

If you are injured in a car accident, call or contact the Atlanta, Georgia auto accident lawfirm of Zevin & Rosenbloum, P.C. today.