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Rivers Judson Morrell III

Rivers Morrell’s Answers

22 total

  • Car accident

    If an insurance company wants to settle a claim does the attorney that represents the client who is entitled to the settlement obligated to research what medical liens might be active before the client accept the settlement offer?

    Rivers’s Answer

    Yes, the attorney should find out about the liens. The most important ones are the liens asserted by Medicare, Medi-Cal, the Military, and any other statutory liens, such as Hospital liens, etc. The failure to confirm each and all of the liens can have significant consequences, depending on the kind of lien that exists. But it is certainly an obligation of the attorney to look into this issue.

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  • Do I have to give a recorded statement to the other insurance company over the phone?

    I was involved in a small motor vehicle accident. A lady backed up into me coming out of a parking spot. She was cited for improper backing. Her insurance company is trying to contact me for a recorded statement.

    Rivers’s Answer

    No you are not required to give any statement to the other insurance company. As a practical matter, depending on the situation, you might want to, but you should consult an attorney to see if in your case it is warranted or justified.

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  • I was in a car accident 1yr ago. Police didn't fault any one. I ' now being sued by the other insurance. How do I approach this?

    I was at a 4way intersection. Lights were not working,they were off. I waited my turn, drove ahead,was more than halfway then was hit in my front right side by the other car which didn't stop. The other driver was driving their friends car, I don'...

    Rivers’s Answer

    You should advise your insurance company right away, and make sure you document that they have received the papers that you got from the court. Your insurance company should defend you in the lawsuit that apparently has been filed against you.

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  • Police reports......corrected in WI

    In a intersection car accident, the police report's drawing & speed were not quite right. One party did not have the report corrected.for thier side..........the other party came back later on, submitted her side of the accident........her ...

    Rivers’s Answer

    The actual police report is not admissible in a trial. But much of the contents do get into evidence, such as what the parties said, what the officer saw, etc. If the report is adverse to you, and there do seem to be some errors, it is a good idea to have your attorney contact the police, and point these out. Sometimes, although it is rare, the officer will change the report. If you write to the police, you may say something that may hurt your case, and that is why it is better to have your attorney do the writing.

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  • Is it too late to hire an attorney?

    It's been almost 10 months since my car accident. The insurance company gave me an offer but it isn't enough to cover medical bills. It doesn't seem like they will increase their offer since it was a soft tissue injury and there were no fractures....

    Rivers’s Answer

    It is not too late to hire an attorney. Whether or not an attorney can "net" you more than what has been offered, depends on a lot of things, which are not known in your question. Soft tissue injuries are becoming more and more difficult to prove, in terms of what you can recover, compared to the way things used to be. The insurance companies have convinced the public that these cases end up raising the insurance rates. In truth this is a major exaggeration, but that is the reality.

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  • Can soft tissue injuries appear a few weeks after a car accident?

    I was in a rear end collision and I did not feel anything at the time of the accident. About 3 weeks later, my back and neck felt stiff. Is this normal?

    Rivers’s Answer

    Usually the complaints are at their worst after the first few days. When you wait for 3 weeks, and have seen no one in the medical field at all during those 3 weeks, it makes it very difficult to convince a jury that you have much in the way of injuries. If the property damage is significant, then you are much better off in trying to prove your injuries. But if the property damage to your car, and the other car, are minimal, and you have seen no one in the medical field for 3 week, then you have an uphill battle.

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  • I was in a car wreck and I was the driver. The other person was at fault. Should I get enough money for a car and other damage?

    I had just gotten my car and it still had 30 day tags on it. My sister was with me and has scars all over her neck from burns. I got a sprained jaw.

    Rivers’s Answer

    Yes you should get enough money. You need to make sure what your injuries are. It is not a good idea to settle too early, if you have personal injuries. If you have complaints, it is important that you see a doctor, and document your injuries and complaints. Waiting too long, or having large gaps in treatment cause problems in these kinds of cases. You need to make sure that there is enough coverage in the way of insurance. If the defendant does not have enough, then you need to see if your underinsured motorist coverage will cover it. You may also need to see if the defendant was in the course and scope of his job, and if so, then his employer may be responsible.

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  • Whether to provide medical authorization to negligent party's insurance carrier.

    I was involved in a car accident where another driver negligently struck my vehicle and I suffered a displaced and comminuted femur fracture requiring surgery and months of physical therapy and follow-up visits. There is little to no doubt as to t...

    Rivers’s Answer

    There are many factors that go into this decision. In general it is not a good idea to be giving the insurance company anything. As others have said, it is generally not a good idea to be representing yourself. On the other hand, if the other party has very low limits, and the insurance company is considering offering the limits to you, because your injuries far exceed the policy limits, then you can give them copies of your medical records so that they can document to their superiors that they are justified in offering the policy limits. I say this with all caution, as I repeat it is just not a good idea to be doing this all yourself. There may be other factors of which we don't know, and providing these things to the insurance company may jeopardize your case.

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  • Will my insurance cover me, even if my Father was driving my vehicle?

    My Father was driving my vehicle and was involved in an accident. No one was injured, but both veghicles were damaged. I am assuming that he is at fault, since the police told me this over the phone. I called the insurance company to report the ...

    Rivers’s Answer

    As long as you gave him permission, and he does not live with you (if there was a resident relative exclusion in your policy), then there should be coverage for him, and the accident. THe errand issue is for purposes of determining if there was some responsibility by another entity. For example, if he was running an errand for a business, that business may have some responsibility. I think the ilnsurance company is looking into course and scope issues, and wants to make sure who is the primary insurance company on the loss.

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