May 2011 Archives

Memorial Day Car Accident Statistics for Alabama's Highways

May 26, 2011

With the holiday weekend now upon us drivers are going to be hitting Alabama highways in large numbers despite high gas prices. According to AAA, nearly 35 million people will travel 50 miles or more from their home this holiday weekend. Unfortunately, more drivers on the roadways means more wrecks. In 2009, the Memorial Day holiday period was the deadliest for Alabama drivers surpassing, New Years, July 4th, Labor Day, Thanksgiving, and Christmas. During this 78 hour holiday period in 2009, 15 people were killed in Alabama automobile accidents, which is more than double the number from 2008 (6).

Many car accidents can be prevented if drivers will simply obey the speed limit and leave a safe distance between their vehicle and other vehicles on the roadway. We also want to encourage everyone to buckle up, which includes properly buckling up infants and toddlers. For information on how to properly secure your child in the car, please see the M&B Article Series on Child Safety Seats.

Lastly, before you hit the highway this weekend, please download our Accident Information Sheet for your glove box. This sheet sets forth all the important information you need to obtain and what you need to do if you happen to be involved in a wreck.

By: Morris Lilienthal, Huntsville Car Accident Lawyer

Settlement Reached in Decatur Area Car Accident

May 20, 2011

Decatur area car accident

Huntsville car accident attorney Morris Lilienthal represented our client who was involved in a July 2010 car wreck on Alabama Highway 24 near Decatur, AL. Our client was driving eastbound on Ala. Hwy 20 when another driver failed to yield the right of way and pulled out in front of our client. This negligent action caused a severe impact between the two vehicles as evidenced by the above photograph. As a result of this wreck our client suffered multiple injuries including a knee injury which required surgical intervention and physical therapy. At the conclusion of our client's medical treatment we were able to reach a fair and just settlement for our client. As a part of this settlement we also resolved our client's subrogation interest with her health insurance carrier, which included getting a reduction in the amount of money the client had to repay her health insurer.

If you have been the victim of an automobile accident please see our step by step guide on what to do if you are in a car accident.

By Morris Lilienthal, Alabama Car Accident Lawyer

Homeowners Insurance and Storm Damage

May 4, 2011

Usually homeowners insurance will pay for repairs/replacements, but not up-grades, for damages to the furniture, exterior and interior of the house, outbuildings, fences, outdoor furniture, etc.

EXAMPLES:
1. If carpet can be cleaned, the ins co will pay for cleaning, but will not pay for replacement;
2. If carpet must be replaced, you will be paid for similar repair/replacement, and not Italian tile, etc.
3. If vinyl shower is damaged. you be paid for similar repair/replacement, and not Italian tile, etc.
4. If water damages occur as a result of the storm, the damages will be covered, however, if water damage occurs from a rain a day later it probably will not be covered;
5. If only one side of roof is damaged, you will usually be paid for only repairs/replacement to that portion of the roof, however, if your shingles cannot be matched, you may get paid for a new roof on the entire house;
6. Water damage caused by wind is covered, but damages caused by waves caused by wind are usually not covered;
7. Food products that are ruined will be paid for.

Debris removal from the house, fence and lawn furniture is usually paid for.

If there is enough damage and the repairs equal a certain amount of total value of the home then the insurance company may have to pay for things to be brought up to current code. ....ie if stairs are not to code the inspector may require that.

EXAMPLES:
If trees are down & fall on house, outbuildings, fences, lawn furniture, removal expenses will be paid by insurance company;
If trees damage irrigation system the damages will not be covered;
If trees do not damage house, outbuildings, fences, lawn furniture, ins will not pay for removal.

ACTIONS:
1. Use credit cards for all purchases;
2. Keep receipts for all expenses;
3. Do not mix purchases, for example, if you buy a tarp, do not add a soft drink to that ticket;
4. Take date stamped digital photos from many angles inside and outside of all damage, including furniture, clothing, tools, refrigerator/freezer, etc.;
5. Buy tarps, nails, boards, etc. and secure buildings from rain, weather, etc.
6. If you pay someone for day labor to assist, pay by check if possible;
7. Get them to sign a receipt (particularly if you are paying cash) and record their address & phone number;
8. Get a photo of the people doing the work;
9. Ask your insurance company to contact you & schedule a time when the adjuster will be there (you do not have a right to be there but it may help);
10. Most ins companies hire outside adjusters, may be from 500 miles away, they have computer in their vehicles, can email their estimates, etc.
11. Do not start any repair work until adjuster has had time to inspect;
12. If there is damage that you may decide not to repair, the insurance company may pay a portion represented by the total replacement/repair, less a retained portion for depreciation; after the repair/replacement is completed, the retained amount will be paid to you; you usually have 2 years to make the repairs/replacement; the insurance company will re-inspect the job to verify the repaid/replacement.
13. Insurance companies usually have a list of approved contractors;
14. Ask for references;
15. WARNINGS ARE IN ORDER:
16. When you hire a contractor check references;
17. Verify that the contractor has experience;
18. Look at some of the contractor's work;
19. Make sure contractor has a Home Builders license;
20. Verify contractor is insured, etc.;
21. Be leery of making a large down payment;
22. Do not allow contractor to charge materials and supplies to your charge account at the lumber company, unless you monitor the changes daily;
23. Do not allow contractor to use your credit card;
24. If you receive a notice from a supplier that the supplier is furnishing materials for your job, stay in contact with the supplier and make sure the supplier is paid up to date to avoid a lien being placed against your house (if you have notice, and you pay the contractor and trust the contractor to pay the supplier and the contractor does not pay the supplier, you will still owe the supplier for the materials) so in the event of notice, you can make checks payable jointly to the contractor and supplier for the amount of the suppliers' bill and personally deliver the check to the supplier and let the contractor visit the supplier to endorse the check and pay the bill;

We are sure there may be other items, but this information will give you a general review.

Remember your deductible will apply.

We are trying to assist as many people as possible to help everyone get through this tragedy without incurring legal expenses. Please let us know if you need more information.

By: Martinson and Beason, PC - Huntsville Personal Injury Attorneys