Personal Injury

What Should I do after an Accident?

• Seek medical attention as soon as possible at the hospital or with your doctor.
• Take pictures of the damage to your vehicle.
• Also take pictures of any visible injuries.
• Document names and phone numbers of the other a fault party and any witnesses.
• Always call law enforcement to the scene to investigate and document the accident.
• Do not attempt to move your vehicle.
• Do not volunteer statements that the accident may have been partly or all your fault. This will be determined through an investigation.

If you have been in an accident, it is essential that you consult with an experienced personal injury attorney before discussing the case with anyone other than your immediate family. You should not sign a release for any party or insurance company, even your own. The insurance companies are out for their own interest. Most insurance companies have instituted policies of not paying claims, and there are many excuses they can provide for slow payment or complete lack of payment. If you sign the release, they may utilize it to obtain your credit report, seek employment information and unrelated medical information. Once you hire Anderson & Bliven to represent you, we will notify the insurance company of our representation and advise them of their duties under Montana Law. We will provide full claims service for your case, including obtaining medical records, bills and will investigate your claim to make sure you obtain every element of damages to which you are entitled. Insurance companies work to settle the claim for as little as possible, often seeking quick settlements for much less than their value even though the injured victim may have medical expenses that exceed the company's low offer and may suffer permanent injury. Once they obtain a settlement agreement from you, they have no further obligation to you, even if down the road your injuries and medical expenses exceed the settlement amount. You have no further recourse if you settle prematurely or without the advisement of an attorney that specializes in getting the fair amount for you or your loved one.

We work hard to obtain:

• Medical Payments: We work hard to keep the creditors away. We will work hard to obtain interim medical payments often from multiple insurance companies who are responsible for payment under Montana Law, thus providing you with additional financial security during difficult times.
• Wage Payments: If you are unable to work as a result of the accident, we will work to recover your lost wages.
• Hardship Advances: We work hard to help our clients through difficult financial times that comes with injuries suffered from an accident. If your injuries are severe we are often successful in obtaining $25,000 in advance of settlement, under the Watters doctrine.

Montana Law is constantly changing. Therefore, we constantly review changes in Montana Law for the benefits of our clients. Many insurance companies utilize complex computer programs in order to reduce your recovery. We consult with some of the best former insurance adjusters and utilize the insurance companies own programs to show the insurance company what injuries they are leaving out in order to reduce the value of your claim. Insurance adjusters are monetarily rewarded not to pay claims, thereby utilizing only a limited number of damage codes. We provide them with all applicable codes increasing your settlement. This is necessary just to get a fair settlement.

Should I talk with the insurance adjuster?

We do not recommend that you talk to any other person about the accident until you have consulted with an attorney. The insurance adjuster represents the insurance company, not you. This is true even if the adjuster is from your own insurance company. Insurance adjusters are paid to protect the insurance company's interests, not yours. It is their job to settle insurance claims for the lowest amount possible and often before you have fully recovered from all of your injuries. Insurance adjusters will also attempt to contact you in order to obtain information which is helpful to the insurance company's cause or otherwise minimize your injuries.

Who will pay my medical bills?

If you have "medical payments coverage" under you own automobile insurance policy, your insurance company can pay your medical bills. The amount of coverage will be limited to the amount provided in your policy. The at-fault party's insurance company may also be required to pay your medical bills. Many insurance companies do not make advance payments of medical bills prior to settlement. Anderson & Bliven can help you obtain advanced payment of your medical bills.

How much is my case worth?

Each case is different based upon the facts of the case. Consulting an experienced attorney can assist you in your recovery. We will assess your case based upon a number of factors: the at-fault party or parties, nature and severity of the injuries, wage losses, permanent impairment and our experience with the particular insurance company. We can help you assess other important factors which insurance companies often overlook or do not considered, such as pain, suffering and aggravation.

What if the other party has no insurance or insufficient insurance?

If the other party is at-fault and has no insurance you may be able to make a claim under your own insurance policy under your Uninsured Motorist coverage. All insured drivers must have Uninsured Motorist coverage under Montana Law. In cases of serious injury, and when the other party's insurance policy dos not provide sufficient coverage for your injuries, you may be able to assert a claim under Underinsured Motorist coverage if there is such coverage under your own automobile insurance policy. Also, under certain circumstances coverage under different policies may be added together to increase the amount you can recover.

How long will it take to settle my case?

The time required to settle your case often depends on the nature of your injuries. Generally, after you have finished your medical treatment or reached a point of maximum recovery, the case should be settled within six months. If the case is not settled and a trial is required, it will take longer to resolve your case.

Will my insurance premiums go up if I make a claim under my own policy?

NO, Montana Law prohibits an increase in your premiums if you were not at-fault.

What is Subrogation?

Subrogation is a process where your insurance company can request reimbursement from your settlement with the at-fault party's insurance company, for medical and other payments they have made on your behalf. This may include your automobile or health insurance policy. Subrogation is limited in Montana to certain specific circumstances. You should not simply take the word of the insurance company claiming they can subrogate however, you should consult an attorney and not try to tackle this on your own. Subrogation is a very complex area of insurance law. Often insurance companies attempt to subrogate claims that they are not permitted to under Montana Law. An attorney should examine each subrogation claim. Anderson & Bliven can help solve complex subrogation matters and protect your interests.

What are Wrongful Deaths & Survivors Claims?

When a death is caused by the negligence of another person a family member may seek damages. These damages include, but are not limited to, lost wages, earning capacity, grief and other damage to the family. Family members may recover additional damages through a survival action which may include medical expenses and pain and suffering. If a loved one of yours has died due to the fault of another person, or persons, Anderson & Bliven, PC can help you through this difficult period. We will deal with the insurance company, conduct the investigation and protect your family's interests.