Author: Steve Terry

When a jury reaches a verdict in a car crash case, one of the two parties involved is bound to be unhappy. While crash victims will be unhappy if the jury does not award them compensation or awards them less than they would like, insurance companies will probably be unhappy if they are required to pay out any compensation.

When the victim (plaintiff) or the insurance company/at-fault driver (defendant) is unhappy with the jury verdict in a car crash case, they may be able to file an appeal.

Below, we discuss why a car insurance company may file an appeal of a jury award of compensation. We also explain what might happen if an appeal is filed.

When Can a Car Crash Jury Verdict Be Appealed?

An insurance company cannot appeal a jury verdict simply because they are unhappy with it.

The insurance company needs to prove there was an error of law in the jury’s decision for an appeal to be successful. There are many examples of errors of law that may be valid reasons for an appeal, such as:

The insurance company must provide strong evidence of an error of law, otherwise, the appeal will fail.

In a car crash case, the insurance company may appeal by claiming there is not enough evidence of the severity of your injuries or evidence linking your injuries to the crash. They may also claim some evidence was not included in the trial and it would have resulted in a different outcome.

What About the Jury’s Award of Compensation?

When an appeal is filed and accepted by the appeals court, compensation will not be paid out until the appeal is resolved.

If the appeal is accepted the case will move to an appeals court, which can vacate the original verdict, change the damages award, or send the case back to the lower court for a new trial.

Unfortunately, appealing a case is time-consuming and adds a considerable amount of legal expenses. This could cut into your compensation award.

However, appealing also adds to the insurance company’s expenses, so they may not want to appeal unless they think they have a strong argument.

If the insurance company appeals, you want to make sure you have an experienced attorney who is prepared for it. At TSR, we are ready for an appeal by the insurance company. We have decades of experience and know insurance companies are looking for any way out of paying compensation to crash victims.

It is important to have an attorney with courtroom experience because insurance companies know the attorneys that rarely or never take cases to court. Insurers may be less likely to make a fair settlement offer if you are represented by an attorney who usually settles.

Contact TSR Today to Discuss Your Crash Claim

Our experienced Bloomington auto accident attorneys have helped many crash victims secure compensation, through settlements and courtroom verdicts. We are ready to help you discuss legal options and determine how we may be able to help you.

We work on contingency, which means there are no upfront fees for our services. An initial consultation is free, and you are not obligated to take legal action afterward.

Although many claims settle, we are always prepared to go to court, as our goal is to secure full compensation to help you move forward.

TSR Injury Law. Millions Recovered. No Upfront Fees. (612) TSR-TIME

Car crashes can cause serious disruption to victims’ lives. In addition to the injuries victims may suffer, they may lose income because they are unable to work for a few days or longer.

Even though victims may be spending more time at home, they may not be able to complete household tasks as they did before. For example, they may not be physically able to clean up the house, shop for groceries, take care of children or shovel snow. This can present a variety of challenges for crash victims and their families.

Fortunately, Minnesota car insurance policies are required to provide compensation for replacement services. Below, learn more about what may be covered by replacement services benefits and how much compensation crash victims may receive.

Minnesota Law on Replacement Services Coverage

Minnesota statute 65B.44 details the basic economic loss benefits that are part of any Minnesota car insurance policy, including replacement services. Subdivision 5 says this benefit reimburses all expenses that were reasonably incurred by the injured person or on that person’s behalf to obtain usual and necessary substitute services that would have otherwise been performed. These services are for the direct personal benefit of the victim and/or the victim’s household.

What Are Replacement Services?

There are numerous examples of household chores injury victims may be unable to complete. They may need to hire help to complete these tasks and their car insurance may cover the cost of hiring that help. For example, your car insurance may provide compensation for the cost of hiring someone to help with:

How Much Compensation Could You Recover?

You can recover a maximum of $200 per week for replacement services. However, you cannot receive compensation for replacement services until seven days after the crash occurred.

There are two ways to collect these benefits. If you are deemed a “primary homemaker” there does not need to be an actual expense for the replacement service. The primary homemaker can make a claim just because they cannot do the service anymore. An experienced attorney will help with the needed disability slips and affidavits to prove the claim. If the injured party is not a primary homemaker, then an actual expense needs to be had to be reimbursed.

This is an issue to discuss with a licensed Minneapolis auto accident attorney. Make sure to keep track of how much you had to pay for hiring someone to help around the house. That way you can help make sure you receive compensation for everything that is covered by your car insurance.

What if My Spouse Takes Over Household Chores and No One Is Hired to Help?

If you have full responsibility for the care and maintenance of your home, you can be considered the primary homemaker. Whether you have children or not, the reasonable value of the services to run the home will be covered. Even if your spouse, or no one, does the actual work, the primary homemaker can be compensated for the loss. You can be also considered fully responsible for managing your household even if you work outside the home.

If the two working adults in a home are responsible for maintaining the home, an attorney can help determine which claim has merit. No matter the circumstance, replacement services will always be covered if an expense is paid.

If you are single and live alone, you usually are the primary homemaker. You can still get reimbursed for replacement services, even if you do not hire someone.

Call TSR Injury Law to Discuss Your Car Crash Claim

Injured in a Minnesota car crash?

Our attorneys may be able to help you recover compensation for your damages. Give us a call today so we can discuss what happened and how we may be able to assist you. There are no upfront fees or legal obligations with our services.

Experienced Attorneys. Proven Results. Call (612) TSR-TIME.

Suffering an injury in a car crash is bad enough, but your insurance company telling you an injury is not that serious or that it preexisted the crash feels like an insult. Unfortunately, car insurance companies do this all the time, especially with back injuries.

It can be difficult to obtain hard evidence of some back injuries because they may not show up on imaging tests. That motivates insurance companies to deny there is an injury or undervalue it. These are two reasons why car crash claims for back pain can be challenging to validate.

One of the most important steps to take after a car crash is to contact an attorney to help you deal with the insurance company. An attorney can serve as a strong advocate for your case and manage all the steps involved.

At TSR Injury Law, there are no upfront fees for our services and our attorneys do not get paid unless our clients get paid. Call today to schedule a free consultation with a licensed Minneapolis auto accident attorney.

How a Car Crash Can Cause a Back Injury

Back injuries are common in car crashes because the body abruptly stops moving during the crash. Victims’ forward momentum is stopped by the seat belt, airbag, or even the steering wheel. This sudden stop can cause a sprain or fracture in numerous body parts, especially your back and neck.

Many crash victims with back injuries suffer damage to their lumbar spine in their lower backs. There are five vertebrae in this part of your spine. Even if vertebrae themselves do not suffer damage, the tissues around and discs between the vertebrae could suffer significant injuries.

Common Car Crash Back Injuries

Some of the most common car crash back injuries include:

Herniated Discs

If a spinal disc shifts it can compress nerves in the area, resulting in significant pain. Victims may feel a burning sensation and weakness from their back, into their buttocks and down their leg.

Vertebrae Fractures

There are various types of fractures that may occur:

• Compression fracture – These are small breaks in the vertebrae caused by pressure.
• Dislocation – There is a fracture and dislocation of the vertebra or vertebrae.
• Flexion fracture – This is when there are fractures in the middle or posterior columns.
• Burst fracture – This occurs when parts of the vertebrae get crushed, which may cause bone fragments to be scattered around.

Spondylolisthesis

This occurs when a vertebra is displaced by a stress fracture. The spine shifts forward or backward causing instability.  The instability, or shifting, may cause compression of the spinal canal or nerves. Symptoms may include weakness, pain and leg numbness. Some victims may struggle with walking.

Sprains and Strains

These occur when soft tissues are stretched too far. A strain causes tendons in the back to get stretched. However, a sprain refers to damage to the ligaments that connect joints to bones and bones to bones.

Victims of car crashes that result in back injuries may also develop degenerative spinal disorders:

Challenges of Validating Back Pain Claims

Claims involving back pain and back injuries are challenging for a number of reasons, some have to do with how victims deal with their injuries, others have to do with how insurance companies view these injuries.

Victims Often Wait to Seek Treatment

This happens with many types of car crash injuries, but especially soft-tissue injuries. They may feel a little pain after the crash but assume it will go away on its own. Maybe they have felt similar pain before and think it will stop in a few days or a week or so. They compare it to being sore after a hard workout.

While some pain does go away on its own, often, the pain will get worse. Victims may wait until that happens to seek treatment.

There are two problems with this: injuries can and do get worse when they are left untreated, and it can be harder to link the injury to the crash. A commonsense argument is the longer away treatment occurs from the crash, the less likely the treatment is related to the crash.

Whenever there is a significant gap between the crash and the first meeting with a doctor, insurance companies claim the injury did not happen in the crash. They claim the victim suffered an injury because of something else that happened between the time of the crash and the date of treatment. This is known as an intervening cause.  They may even say you are in pain because of a preexisting medical problem that became aggravated.

It is important to not delay medical treatment after a car crash. It is possible your injury is not that bad, but this determination needs to be left up to a qualified medical professional. Getting to the hospital or a doctor’s office quickly helps you get pain relief and establish a strong link between the crash and any injuries diagnosed by doctors. Soreness, although mild, could be a symptom of a more serious injury.

It is important to note that even if you delay treatment, an attorney may still be able to help you obtain compensation. That is why it is vital to call a lawyer right away.

It May be Difficult to Validate a Back Injury

Some back injuries may not show up on a medical imaging test, particularly injuries to soft tissues like muscles. Some injuries may not even show up on an MRI or X-ray. Technology will not always show a disc bulge or green tree fracture.

Even if an imaging test shows the injury, the severity of the injury may be at least partially based on the symptoms reported by the victim. This is a subjective measurement, and the insurance company is likely to be highly critical of how the victim describes his or her injury.

When a doctor diagnoses a soft-tissue injury, he or she is going to rely on the patient’s description of symptoms and pain levels. Even though the doctor is going to do a physical exam to determine range of motion and other benchmarks (ability to stand up straight, walk or bend at the waist), he or she is going to rely heavily on the victim’s feedback.

Insurers Consider Soft-Tissue Injuries to be Minor

Car insurance companies have biases against soft-tissue injuries. They are likely to consider these to be less serious than broken bone injuries or brain injuries.

Despite the insurance company’s bias, many crash victims who hire experienced attorneys can secure the compensation they need for their back injuries. While contacting an attorney is an important step, it is also important for victims to be diligent in their medical treatment. That means not skipping appointments without a good reason and rescheduling missed appointments.

If you stop getting treatment, the insurance company is going to say you are healed or you no longer need treatment. They will use that as a reason to devalue your claim.

If you disagree with the doctor’s treatment plan, you may want a second opinion. However, it is important to keep your lawyer informed about what is happening with your treatment.

Need Help with a Claim for Back Pain? Call TSR Today

Validating a car crash claim for back pain is often complicated, and without an attorney’s help, it is very unlikely you will be able to recover full compensation for your damages.

At TSR Injury Law, we are committed to securing maximum compensation for medical expenses, lost wages and non-economic damages. We have obtained $1 billion on behalf of our clients.

There are no upfront fees for our services and no fees while we work on your case.

Free consultation. No obligation. Call today: (612) TSR-TIME.

You are probably not surprised to learn car insurance companies like to insert a variety of provisions or clauses into their insurance contracts to try to protect their interests.

A common example of this is a drop down provision, which is also known as a household exclusion or step down provision. If a family member or someone else who lives in your house files a claim for uninsured or underinsured motorist coverage, a drop down provision may lower coverage to the state minimums, even if you bought more coverage.

Unfortunately, these types of clauses may hold up in court when challenged. That is why it is so important to review insurance policies carefully before signing up for coverage.

How Drop Down Provisions Work

The terms of drop down provisions may vary. These clauses could apply to liability coverage and underinsured/uninsured motorist claims.

Drop Down Provisions for Liability Coverage

This is coverage for crashes caused by the policyholder. Victims of these crashes can file claims to try to obtain compensation from this coverage.

If someone buys a policy with a drop down provision and causes a crash, but the victim is related to and lives with the policyholder, he or she may only be able to recover compensation up to the minimum limits required by state law. The drop down provision may say family members or people living in the policyholder’s household are excluded from the full liability coverage in the policy.

This could be a significant reduction in coverage, as many people buy more than the minimum required coverage.

There was a case in Minnesota where $1 million in liability coverage was knocked down to the state minimum for a married couple that was killed in a 2006 car crash. The father of the driver had purchased $1 million in liability coverage, but when the wife’s survivors sued for wrongful death, the insurance company enforced the drop down provision.

Unfortunately, the Eighth Circuit Court of Appeals allowed this clause to be enforced, because the woman killed in the crash was classified as a household member. The policy said coverage does not apply to bodily injury to:

• Anyone injured while operating your insured car
• The policyholder or anyone related to you and living in their household
• Anyone related to the operator and residing in the operator’s household

The minimum required liability coverage in Minnesota is just $30,000 per person and $60,000 per accident.

Drop Down Provisions for Uninsured/Underinsured Motorist Coverage

The minimum amounts for uninsured/underinsured motorist coverage are $25,000 per person and $50,000 per crash. These coverages may apply if you get injured in a crash with an uninsured driver or one who does not have enough coverage for your damages.

If your policy contains a drop down provision, and you get hit by an uninsured or underinsured driver, passengers in your car may only get the minimum coverage. For example, even if you purchased more coverage, it might not apply to your children if they were in the car with you when the crash happened.

This is an unwelcome surprise, as policyholders buy extra coverage just in case they need it. Once people buy extra coverage, there is much less concern about having enough if the unthinkable happens.

In a serious crash, the minimum coverage probably will not be enough to cover the damages suffered. Victims or their loved ones will need to pay for medical care and other damages out of their own pockets, unless they have other insurance coverage to turn to, such as an umbrella policy.

When crash victims are left trying to pay out of pocket, they may skip treatment, or go deep into debt to pay for it. Most people do not have the financial ability to pay for ongoing treatment for a serious injury.

Unfortunately, Minnesota law does not require insurance agents to know everything about the policies they are selling. Our state also does not require drop down provisions to appear on an insurance policy declarations page. These clauses are often hidden in dense policy language that many policyholders do not sift through.

If you discover such a provision, contact your insurance company to have it removed or buy insurance from a different company. If the clause is there, the insurance company will use it. Their goal is to pay out the least possible amount on a claim. Even though you are the policyholder, the insurance company is committed to its interests.

Contact TSR Injury Law for Legal Help After a Crash

Crash victims do not need to try to pursue compensation on their own. You have the right to hire an attorney for help. However, your choice of attorney is important. You need an experienced lawyer with a track record of success who is prepared to go to court to fight for full compensation.

At TSR Injury Law, our Bloomington-based car accident lawyers have secured $1 billion on behalf of our clients, including victims of motor vehicle crashes. There are no upfront fees or legal obligations with our services. We have extensive knowledge of the law and a record of success battling insurance companies looking to underpay claims.

Experienced attorneys. Proven results. Call (612) TSR-TIME.

Did you know umbrella insurance could be used to pay for damages you suffered in a car crash?

That may be surprising to you if you have heard at least a little about umbrella policies. You may have heard they can help protect the financial assets of someone who causes a crash. Umbrella policies are recommended for those who have significant financial assets and those with a high public profile. For example, if you cause a catastrophic crash and have an umbrella policy on your car, the injured party will be properly compensated, and your private assets will not be at risk.

However, in addition to protecting your assets if you cause a crash, there are some umbrella policies that provide first-party benefits, such as uninsured and underinsured motorist coverage. This coverage could be used to compensate you for damages caused by another driver without insurance or one who did not have enough insurance to pay for your damages.

Below, we discuss umbrella policies in greater detail and why you may want to consider purchasing a policy if you can afford it.

If you were injured in a crash and have questions about seeking compensation, give us a call as soon as possible. Our Minneapolis auto accident lawyers are ready to assist you in seeking compensation at no upfront cost to you.

What is the Purpose of Umbrella Insurance?

One of the main purposes of these policies is to prevent the policyholder’s liability for a crash from causing financial ruin. If you cause a crash but your liability insurance runs out, you may still be on the hook for any remaining damages. That means the victim and his or her attorney may come after your assets, like your:

Should You Consider Umbrella Insurance?

There is nothing wrong with giving it some thought, particularly because umbrella policies are relatively cheap. The costly insurance is the base coverage that is mandatory in Minnesota. $30,000 is the state minimum.  Most companies require a base policy of at least $250,000.00 in coverage. The umbrella on top of that is fairly cheap.  In fact, they often cost around $150 to $300 per year, which is somewhere between $12 and $25 per month.

As explained above, not only could this protect you if you cause a crash, but an umbrella policy can protect you and your family if you are severely injured in a crash. Car crashes can be very dangerous and easily lead to serious or life-changing injuries. Treatment for these injuries could easily cost more than the value of the liability coverage from the vehicle that hit you.

It is important to be thorough when purchasing insurance coverage. If you get into a serious crash, you will be thanking yourself that you took the time to be clear on everything before you bought the policy.

Make Sure the Umbrella Policy has First-Party Coverage

It is important to note some umbrella policies do not include first-party coverage. They only pay for damages for which you are liable. That is why it is important to make sure a policy provides first-party uninsured and underinsured coverage before buying it, unless you only want the policy for third-party coverage.

You may have heard about stacking uninsured or underinsured motorist benefits, which is when you can combine uninsured motorist coverage from multiple drivers on one policy for one accident. However, in Minnesota you cannot do this. You are only allowed to stack wage loss and medical benefits for no-fault coverages.

If you buy umbrella insurance that does not provide first-party coverage, you will only get the base policy limit of your coverage no matter how injured you are. For example, if a bad driver hits you and does not have any insurance, you are limited to the base policy on your car for uninsured coverage.  If you properly purchased an umbrella policy with uninsured coverage, you could get 1 million dollars instead of $30,000.00 for compensation.

Need Help After a Car Crash? Call TSR Injury Law Today

It is often difficult for car crash victims to secure the compensation they need following a car crash. The insurance company may make an offer, but it could be for far less than the full value of a claim. Even if you try to renegotiate, they may refuse to change their offer.

That is why you should strongly consider hiring an experienced attorney to help you seek full compensation. At TSR Injury Law, there are no upfront fees or legal obligations with our services. That translates to no risk in contacting us. We are here to help, which is what we have been doing for over two decades and we have a proven track record of success.

Give us a call today to learn more. Call (612) TSR-TIME.

Drivers often consider some crashes to be more serious than others. For example, if you get rear-ended at a relatively slow speed, you may not be too concerned about suffering a significant injury. You may be more focused on getting your vehicle repaired and dealing with the inconvenience of renting a car for a few days.

Many people also believe that high speed crashes, like those that happen on interstate highways, are more serious. Head-on crashes and collisions that occur when a vehicle is turning also put vehicle occupants in greater danger.

It is true that injuries from these types of crashes often cause more harm than crashes at lower speeds. That said, it is important not to make assumptions about the severity of a crash. Even “minor” crashes can cause severe injuries that could affect you for weeks, months or forever.

Below, we discuss injuries that may result from seemingly minor crashes, but which might be a bigger deal than victims first realize.

When Crash Victims Assume a Crash to be Minor

Accident victims may assume a crash was minor if there is little damage to the any of the vehicles involved. For example, maybe your car has a few dents, but those dents do not prevent you from opening your doors or your trunk.

Another reason a victim may consider a crash to be minor is if the airbags did not deploy. Victims wrongly assume airbags always deploy in serious collisions that cause more injuries. However, this is a false assumption. It is possible to hit a fixed object or another vehicle relatively hard without the airbags deploying.

Drivers may also think of most parking lot accidents, and other types of crashes that occur while backing up, as minor incidents.

Victims of a crash may assume if they can safely drive their vehicle away from the accident scene, they were not badly hurt. However, it is possible for a minor crash to cause damage to their vehicle’s engine or body frame. Additionally, some severe injuries, such as a head injury, have delayed symptoms.

Dangers of Minor Crashes

It is important to understand that even a low-impact crash can create enough kinetic force to severely harm your body. While cars are built to withstand some force to reduce the amount of damage, your body is not. In a collision, your upper body could be whipped forward and backward, which can lead to severe neck and back injuries.

Whiplash

Your spine is a sensitive part of your body that may be prone to serious injury in many types of accidents. Your spine and neck are simply not built to withstand the force of a crash. In short, even if the crash is minor, you could still suffer serious harm to the soft tissue in your neck and spine.

A whiplash is a common car crash injury that involves the straining of tendons and ligaments in the neck. The medical community generally believes a whiplash could occur in crashes at speeds as low as five miles per hour.

If you notice any of the following symptoms after a collision, you may have suffered whiplash:

Whiplash symptoms can be severe enough to cause victims to miss work or limit some daily activities while they heal. Victims may need emergent medical care and may also benefit from physical therapy and medication.

Brain and Head Injuries

Even a low-impact crash can jostle your head around, potentially causing a mild brain injury. There is a common misconception that there is no concussion or other brain injury if a victim does not lose consciousness. However, this is not true.

If you experience any of the following symptoms after a crash, it could be a sign of a brain injury:

Unfortunately, many people do not take these injuries seriously at first. They may wait to seek treatment until their symptoms get worse. Yet nearly half of the traumatic brain injuries that happen each year in the U.S. are due to car crashes.

It is possible you do not have a brain injury, but it is dangerous to make that assumption. It is better, and sometimes life-saving, to get evaluated by a doctor. Only then can you be sure whether you are injured and if more testing should be done.

Avoid These Mistakes After a Minor Crash

Do not wait to seek medical care after a collision, even if it seems minor. This step is critical for your health and well-being. If you wait to seek treatment, any injuries you sustained could get much worse.

Getting an immediate medical examination also helps your claim by linking your injuries to the crash. Waiting to get medical care gives the insurance company room to argue that your injuries were not caused by the accident.

Do not accept quick settlement offers from the insurance company. These initial, lowball offers are likely to be for far less than the full value of your claim. Once a settlement is finalized, the cost of any further medical care you need will have to come out of your own pocket.

Call TSR Injury Law for Help Following a Crash

If you were diagnosed with a car crash injury and have more than minor bumps and bruises, it is important to consider your legal options. Our experienced Bloomington vehicle crash lawyers are here to help you pursue the compensation you need at no upfront cost to you.

Give us a call today to learn more. (612) TSR-TIME

Car insurance companies are always looking for a reason to deny a claim for compensation or offer much less compensation than the victim may be eligible to receive. That is why it is important for victims to take steps to protect the value of their claim.

If you wait too long after the crash to seek treatment, or you skip appointments, the insurance company will argue your injuries are not that severe. They may also try to deny your claim, saying your injuries are not connected to the accident.

Below, our experienced Bloomington-based auto accident attorneys discuss the problems with gaps in medical treatment and what injury victims can do to help protect their claims.

Two Types of Gaps in Medical Treatment

The first type of gap that might affect your claim for compensation is a gap between the time of the crash and when you first saw a doctor to treat your injuries.

A gap of a couple of hours is not all that unusual. Unless you were transported from the scene in an ambulance, you might be there a couple of hours while police investigate the scene and complete their report. If you went directly from the scene of the crash to the hospital, it would be very difficult for the insurance company to claim you waited to seek treatment.

However, if you waited until the next day or even longer to seek treatment, the insurance company will start to investigate if you were injured because of something besides the crash. They may say you were involved in some other type of accident, and this was the cause of your injuries, not the crash. A timelapse of a week or longer to seek initial care could damage the causation between crash and treatment.  This claim may not hold up if your attorney challenges the insurance company on it, but this issue could make your claim more difficult than it needs to be.

Even if you think your injuries are not that serious, it is better to be cautious and see a doctor right away. If you are wrong, you may be glad you did because your medical records will help link your injuries to the crash. Even if you are right that your injuries are not that serious, you will know you have a doctor’s opinion backing up your own.

The other type of gap in medical treatment occurs when an injury victim skips an appointment or stops his or her treatment. The victim’s medical records show treatment stopped, which makes them assume the victim is fully healed or has reached the point of maximum medical improvement.

It is important to note there are legitimate reasons for missing doctor appointments. Maybe you could not get PTO at work or could not find a ride to the doctor because your car is still being repaired or you went out of town to help an elderly parent. Life happens, and this should not prevent you from recovering compensation. However, it is important to keep your attorney informed about missed appointments and why you missed them. More important than that is to reschedule appointments and continue your treatment. Taking steps like these helps to show the insurance company you are taking the situation seriously. Missing some appoints for real life reasons is allowed, but there is a limit to “excuses” that cause a lack of medical treatment.

Keep in mind your lawyer may be able to recover compensation for lost wages. If you are concerned about missing work to attend an appointment because you will lose wages, you can include lost wages in your claim. Minnesota No-Fault covers up to $500.00 a week tax-free, and other lost wages can be part of the injury settlement. You may also have short- and long-term disability policies that help cushion lost wages while recovering. While missing work can be bad in the short term, in the long run, missing work to get treatment can help your claim.

What if I Disagree with a Recommended Treatment?

These things can happen, and you are not required to go through with a type of treatment simply because you are trying to recover compensation for your damages. Your first concern with your treatment is doing what you think is in your best interests after discussing things with your family and your doctor. Your health recovery is most important, and you need to feel comfortable and have confidence in the treatment plan.

If you are unsure about a recommended treatment, you can research it, discuss it with your doctor, talk to your family, and even seek another opinion about your treatment. Keep your attorney informed so he or she will be prepared if the insurance company tries to use this against you.

You should not make decisions about your treatment based on how you think a particular treatment may affect the value of your claim. For example, a related surgery may increase the value of your legal claim but should only be considered if as a human it would help your pain. You need to make the best decision for you as a person first, then we can deal with the legal side.

Following Your Doctor’s Orders

While continuing your medical treatment is vital to the success of your claim, so is following the doctor’s orders between appointments. If the doctor tells you to avoid certain activities or to limit physical activity, make sure to follow his or her orders.

Disobeying your doctor’s orders could cause your injuries to worsen and could give the insurance company reason to think you are exaggerating your injuries. Disobeying doctor’s orders can be particularly bad if you post pictures to social media of you engaging in physical activity that makes it look like you are not injured.

Give Us a Call to Discuss Your Car Crash Claim

We have been helping car accident victims recover compensation for their damages for more than 20 years. We have been able to secure settlements from numerous insurance companies and are also prepared to go to court when necessary.

We understand this is a difficult time for you and your family and that is why there are no upfront fees for our services. We want you to know there is no financial risk in meeting with us or having us handle your case. We do not get paid unless you receive compensation.

Give us a call today to learn more. (612) TSR-TIME

Would you be surprised to learn there are thousands of car crashes that occur each year when drivers are backing up?

This includes crashes in parking lots and crashes involving drivers backing out of driveways and into lanes with passing traffic. Even though many of these crashes occur at relatively slow speeds, they can result in significant injuries that may have long recovery times. For example, backing up crashes could result in broken bones, serious bruises and whiplash.

Below, TSR Injury Law’s experienced attorneys discuss fault for these crashes. While the driver who was backing up is often at fault, there are times when fault may be shared. Sometimes both drivers involved in a backing up crash were negligent.

If you were injured in a crash in Minnesota, TSR Injury Law may be able to help you seek compensation for your damages. We offer a free consultation and do not charge upfront fees.

Why do Backing-Up Accidents Happen?

Like most car crashes, backing-up accidents are caused by some form of driver negligence. Unfortunately, drivers are often much too reckless when backing up, whether they are backing out of a parking space or driveway. They rely on their mirrors and do not turn to look behind them. Even if they do look, they may pull out way too fast.

Sometimes drivers in passing cars are at fault for trying to pass instead of stopping. For example, if a driver is already halfway out of a parking spot and a car tries to swing around, the driver of that car may be found liable.

Sometimes drivers take unnecessary risks when backing up. For example, drivers backing out of a driveway onto a main road may try to do so quickly because they do not want to wait longer for traffic to clear. Oncoming drivers may not be paying attention and may not be able to slow down quickly enough to avoid a crash.

Reasons Drivers Who Were Backing Up are Often at Fault

Typically, drivers on the road or through lane you are backing into have the right of way. That is one of the main reasons why drivers who are backing up are commonly found at fault for these crashes. If they are not 100 percent at fault, they likely still bear most of the fault.

There are exceptions to this general rule, however. If the oncoming driver was negligent in some way, he or she may be partially to blame. Examples of negligence that could lead to a backing-up crash include:

• Speeding – Even though a speeding driver may have the right of way, speeding is still negligence. Driving over posted speed limits puts other drivers at risk because you have less time to react to dangerous situations.
• Intoxication – If a driver was drunk or on drugs during the crash, he or she is likely to be found partially to blame for the crash.
• Failing to yield – When another driver has the right of way, you are required to yield. Unfortunately, drivers are often impatient and do not want to wait for drivers to finish backing out.
• Reckless lane changing – If a driver attempts to back out into a lane where traffic is clear, but another car moves into that lane at the last second without signaling, he or she may be held liable. Even if the oncoming driver signals, he or she may be held partially liable for changing lanes because the driver who was backing up thought the lane was clear.

Determining Fault for Parking Lot Crashes

Many backing-up crashes happen in parking lots. As there is a lot of activity in parking lots, determining fault for crashes may be difficult.

Below we discuss some common types of parking lot crashes and how fault may be assessed.

Backing Into a Parked Car

As the parked car was not moving, the driver of the other vehicle is likely to be found at fault for the crash. That said, if the car is illegally parked, the owner/driver of that vehicle could be found at fault. You would likely need to prove it was difficult to see the parked car if you were the one that hit it.

Backing Into a Moving Car

You are required to look behind you when backing out of a parking space to avoid hitting moving cars, parked cars or pedestrians. If you were the one backing up and a crash happens, you are likely to be found at fault. There may be an exception if the other driver was not paying attention or was speeding.

Two Cars Back Up at the Same Time

It is likely that the drivers of both vehicles will be partially responsible for the crash. However, one driver may be more at fault than the other, such as if one car was much further out of the parking spot than the other.

Preventing a Crash When Backing Up

The key to avoiding a crash in these situations is to be cautious. Take your time, look behind you, and if necessary, wait for traffic to pass. There is no need to rush because that may make a crash more likely.

Many vehicles are equipped with backup cameras. While these are helpful, you should not use them as a substitute for checking for traffic. Make sure to use your mirrors, peripheral vision and turn your head to be sure the path is clear.

Contact TSR Injury Law Today for Legal Help

Unsure of your legal options after a car crash?

TSR Injury Law is here to assist you in recovering compensation for your damages. Our Minneapolis car accident attorneys have helped numerous crash victims recover compensation – over more than 20 years we have secured $1 billion in compensation on behalf of our clients.

Schedule a free legal consultation today to learn more about how we may be able to assist you. There are no upfront fees or legal obligations. Our goal is to recover full compensation for your injuries and damages.

Contact us today. We are here to help: (612) TSR-TIME.

The last thing you want to happen when you let someone borrow your car is for them to get into a crash. You do not want the driver to get injured, the other party hurt and there are questions of your liability as the car owner.

You may also be on the receiving end of a crash and wonder if the car’s owner has liability for your damages.

Below, our experienced attorneys car accident lawyers in Bloomington discuss what you should know about car crashes involving borrowed vehicles, whether you were the one borrowing the car, letting someone else borrow your car, or you were hit by a driver who borrowed a car.

If you have questions about legal options following a car crash, call TSR Injury Law today. The initial consultation is 100 percent free and comes with no obligation to take legal action.

Are You Lending Your Auto Insurance When You Lend a Car?

Yes and no. Certain types of auto insurance coverage follow the car, while others follow the driver. For example, these coverages usually follow the car:

If you allow someone to borrow your car and that person causes a crash that injures other people, your bodily injury liability is first in line to cover these damages. Your insurance will also be used to pay for damage to other vehicles. Your collision or comprehensive coverage will be used to pay for damage to your vehicle.

However, the driver who borrowed your car would use his or her personal injury protection coverage (from their car not involved in the crash) to pay for his or her medical bills. Depending on the coverage language, the driver may also have to use a resident relative’s PIP coverage for bills and wage loss reimbursement.  If the driver owns a separate car, their policy will also be second in line for the victim’s bodily injury claim if they exhaust the owner’s coverage.

Giving Permission to Drive Your Car

While each situation is unique, the general rule is “initial permission” equals liability.  If you give basic permission to use your car, liability will follow even of the permission is abused.  For example, if you allow your friend to borrow your car to get dinner and explicitly say “only get the food and come back” but the friend drives to Wisconsin and causes a crash, your insurance is on the hook.

If you are going to allow someone to borrow your car for an extended period or have access to the vehicle often, consider adding that person to your car insurance. That way you can be sure you will have coverage for damage to your vehicle.

If you keep your insurance company in the dark, there is an outside chance your policy is voided and coverage eliminated. Insurance companies charge based on risk and if there are multiple drivers they are not aware of, they may see you as too much of a risk because you chose not to inform them.

The same rationale applies if your boyfriend or girlfriend moves in with you.  You should inform the insurance company if you think your significant other may borrow the car from time to time. A good rule of thumb is that any member of your household who has a driver’s license should be listed on your car insurance policy.

Remember that if you exclude someone from your policy, your insurance will not apply if they drive your car and get into a crash. That means if they caused the crash, you may be personally on the hook for damages others suffered.

What if Your Car was Stolen or Taken Without Consent?

If your car was stolen and involved in a crash, you usually will not be held liable for damages that are caused. Depending on the coverage in your policy, your insurance may pay for damage to your vehicle. This should also be the case if your vehicle was taken without your consent.

However, the insurance company for the other driver involved in the crash may look for reasons to claim you did give someone permission to use your car.  More importantly, if you failed to keep the vehicle safe from theft you may also be blamed.  The common Minnesota example is keeping your car running, keys in and door unlocked in the winter when you run inside a store.  If your car is stolen, it could very well be your “fault.”

Another common example, if you specifically told someone not to drive your car, but you left the keys where you knew they could easily be found, the injured party will argue you are still liable. They may have a strong argument if the person who drove your car has a history of reckless driving or even drunk driving. The insurance company may cite the principle of negligent entrustment, saying you should have taken greater care to prevent this person from operating your car.

Protecting Yourself When Lending Your Car

The best rule is to not let others drive your vehicle.  If you must, make sure you only lend your car to people you can trust.

If you are concerned about a friend or someone who lives with you driving your car without your permission, keep the keys with you. Avoid leaving keys in a place where they are easy to find.

Give Us a Call to Discuss Legal Options After a Crash

Choosing an attorney is one of the most important decisions to make after getting injured in a car crash. You do not want to rely on the insurance company to offer fair compensation for your damages, even if it is your own insurance company.

For more than two decades, the experienced attorneys at TSR Injury Law have been securing millions on behalf of our clients. We have helped many crash victims secure the compensation they needed to move forward.

There are no upfront fees or legal obligations. We are not paid unless you get paid.

Call TSR Injury Law Today. No Upfront Fees. (612) TSR-TIME