What to Do After a Motor Vehicle Accident

Posted by admin on February 19, 2010  |  No Comments

• Call The Police: the police should be called to the scene of any accident. The police will need to write a police report about the facts and potential causes of the accident. If the accident was serious or there were injuries then you should contact the police by calling 911 for emergency services otherwise you can use your local non-emergency number.
• Seek Medical Attention: accident injuries may be readily apparent or may develop within hours or even days of the accident. If the injuries seem serious or life threatening then you should call 911 to have an ambulance dispatched to the scene of the accident. If the injuries do not seem that serious then you can visit your own doctor as soon as possible. If you are in doubt then always err on the side of caution and contact 911.
• Wait for the Police: Do not talk about the accident with anyone other than the police and do not admit fault to anyone including the police. Also, do not apologize for the accident as that can be construed as an admission of wrongdoing. Watch the police investigate the accident, if possible, so that you can note any irregularities in their investigation should the police report be inaccurate.
• Gather Information at the Scene of the Accident: make sure that you gather the names, addresses, license plate numbers and insurance policy numbers of all other drivers involved in the accident. Also be sure to write down the names, phone numbers and addresses of witnesses to the accident. If possible, take pictures of the accident scene. If you do not have a camera in the car with you then many cell phones have a camera feature that you can use to photographically document the scene.
• Obtain a Copy of the Police Report: police reports are typically available within a day or two of the accident. Make sure to request a copy at the police station and review it for accuracy.
• Receive Ongoing Medical Care: Many times personal injuries sustained in an accident need ongoing care. Your physician will help you sort out your ongoing medical needs.
• Call Your Insurance Company: report the accident to your insurance company but be wary of accepting any settlement offers before consulting with an attorney.
• Contact Your Personal Injury Attorney: your attorney can advise you as to your legal rights when you are involved in a car accident and you should contact your attorney as soon as practicable after the accident.

Stay Safe on the Holidays!

Posted by admin on October 20, 2009  |  No Comments

The holidays are a great time to invite friends and family into your homes. According to a consumer survey conducted for the Independent Insurance Agents & Brokers of America, more than 47 million Americans will be hosting parties in their homes this holiday season but most are not aware of the liability they could face if a guest is involved in an accident on the premise or on the way home. Some of the things you can do to protect yourself and your guests include:

Never serve alcohol to minors.

It is common to share in the joy and good cheer of the holidays by allowing everyone to taste the eggnog or sip the wine. But the consumption or possession of alcohol by a minor at a private residence is illegal. The homeowner can be held criminally liable for allowing a person under 21 to possess alcohol in his or her home.

Avoid self-service bars.

If possible, hire an insured caterer to man the bar at your party. The bartender will monitor the alcohol consumption of your guests, can determine who has reached their drinking limit, can deal with “cutting someone off” and will take the blame for the decision. If you do hire a caterer, make sure you see a copy of the insurance policy – don’t just take their word for it. Regardless, try to avoid self-service bars by having someone take responsibility for monitoring your guests’ consumption.

Provide an alternate means of transportation for your guests.

Always provide an alternate means of transportation for your guests. Have them check their keys at the door and tell them a taxi is on call should they want to indulge to their hearts content. It’s much less expensive to pay for a taxi than it is to defend a criminal or civil lawsuit in court.

Always have plenty of food and alternate beverages available.

Drinking on an empty stomach is much more intoxicating than drinking on a full stomach. And make sure you take the necessary steps to keep your food fresh and safe as food sitting out all day, especially fish, meat and dairy products will spoil and can cause your guests to get sick. Don’t forget to serve plenty of alternate beverages.

Keep your property safe from hazards.

If someone is walking up your sidewalk or driveway and slips and falls on accumulations of ice or snow, they may be able to sue you. To avoid such a nuisance, clear away any hazards and put your guests on notice that the weather is bad and the walkway may be slippery.

Give age appropriate gifts to young children.

If you are going to give gifts to young children, make sure the gift is age appropriate. If you give a gift to a two-year-old child that is deemed to be a choking hazard by the warnings on the packaging and the child chokes, you could be held liable. The good news is these types of suits are extremely rare.

Make sure your homeowners policy does not exclude incidents that arise from serving alcohol.

Insurance policies have exclusions that you must be aware of. For instance, your policy may exclude coverage for any accident that arises from the consumption of alcohol in your home.

Consider purchasing an umbrella liability policy.

An umbrella policy is a supplement to your homeowners’ coverage. It allows for a greater amount of coverage in the event that someone is injured at your home. Typically, these policies are inexpensive and they give you a great deal more coverage.

Remain sober yourself.

Always remember that you are ultimately responsible for the safety and well-being of your guests. Enjoy safe and happy holidays from all of us here at Stampone Law.