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Robert Gein Pickering
Avvo
Pro

Robert Pickering’s Answers

6 total

  • Had a car accident where semi-truck lost load and lumber smashed up our car.

    The car was ripped up and lumber went through our car almost hitting the children and wife. Our kids are going to hospital to get checked out. Any thing we can do to get taken care of.

    Robert’s Answer

    Truck companies have a responsibility to properly balance and secure their loads. If they don't, they are responsible for any damage or injury. Of course, your first priority should be the health of your family. Then you should call a trucking attorney who is familiar with the Federal Motor Carrier Safety Administration rules and regulations. If some one is hurt, he/she can help. If not, he/she can advise if you should submit your property damage claim directly to the trucking company's insurance or to your own insurance.

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  • My wife was hit by a semi truck and it pushed the vehicle out of its lane. My wife has been having migraines daily since accidnt

    My wife was hit by a semi truck and it pushed the vehicle out of its lane. My wife has been having migraines daily since accident and im beginning to think it may be from the accident pushing the vehicle. What can we do since neither insurance com...

    Robert’s Answer

    You should contact an attorney who has specialized experience with truck cases. Truck cases are different. Commercial drivers are professional drivers. The trucking companies are governed by specialized rules required by the Federal Motor Carrier Safety Administration. Your attorney should immediately obtain the accident report which will identify the motor carrier. A letter should then be send to the motor carrier demanding that it preserve detailed categories of evidence. These may include the driver qualification file, driver hours of service logs, and a download of the black box. Your attorney will assist your wife in understanding her injuries by way of suggesting that she seek treatment with appropriate doctors such as neurologist and head pain specialist. Your attorney will be able to coordinate this treatment with your health insurer. You should act now as certain records may be lost. For example, driver logs can be destroyed after 6 months and some black boxes reset upon movement of the tractor or after 2 or more "hard stops".

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  • Are car accident settlements taxable?

    I recently reached a settlement with the at-fault car insurance company. Will I have to pay taxes on the money I receive from them? The settlement is supposed to be covering my medical expenses, lost wages and pain and suffering. Thanks.

    Robert’s Answer

    Personal injury proceeds are not included within the definition of income under the internal revenue code. 26 USC 104 (a).

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  • What is the statute of limitations in Colorado for filing a personal injury claim from a car accident?

    I've read both two years and three years so I'm confused. The other driver was at fault so I'm filing a claim against their insurance company to reimburse me for medical expenses and pain and suffering. Thank you.

    Robert’s Answer

    The statute of limitations (deadline) for filing a lawsuit arising out of a Colorado a motor vehicle crash is generally 3 years with some exceptions. The main exceptions (much shorter deadlines) are if the other driver was a government employee or agent or operating a government car. Other exceptions may be for negligently entrusting the car to an incompetent driver (could be shorter) and where the injured person is a minor (generally longer). Uninsured and underinsured motorist claims are also generally 3 years with some exceptions. Since this is a complicated area of the law even for attorneys and facts may alter the general rules, you should not solely rely upon this general information but instead retain an attorney of your choosing.

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  • Can I receive payment from at-fault driver's insurance for medical bills if I utilize my med-pay

    I was rear ended in March, and suffered back and neck pain as a result. I utilized my med-pay on my auto insurance because I did not have the money to cover my medical bills in the mean time because I am a student. The bills come to around 3,000...

    Robert’s Answer

    Yes. In Colorado, the at fault driver is responsible for the total billed amount of medical bills arising from the crash. Also, due to recent legislation, the medpay insurer cannot subrogate against the settlement proceeds (require you to pay them back from the settlement) . You should not settle you case until know the full extent of your injuries and that you have fully recovered. We generally recommend waiting a substantial period to allow the recognition of injuries. There are special deadlines within which you must file suit or it will be barred. If you want to call tomorrow for detail, please free to do so. There is no charge for our initial consultation. Please tell the receptionist you were referred to me by AVVO. Bob

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  • It took 26 months for my personal injury attorney to tell how much I could be awarded

    He never even looked at the policy and depended on the para-legal

    Robert’s Answer

    On occasion, an attorney cannot properly evaluate your case until you have reached the point of maximum recovery from your injuries, known in the medical world as maximum medical improvement. Also, as pointed out by others, sometimes the insurance company will not release the insurance policy terms and limits before filing of suit. Having a paralegal assist in gathering medical records and billings is standard, but paralegals should not evaluate case value or perform other attorney work. If you would like more information, you may call me. I am here in Fort Collins. Bob

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