FAQs

• WHY SHOULD I HIRE AN ATTORNEY? CAN'T I SAVE MONEY BY HANDLING MY OWN CLAIM?
  
  
• WHY SHOULD I RETAIN HEFFERON & HEFFERON?
  
  
• I'VE NEVER BEEN INJURED IN AN ACCIDENT. HOW DOES THE CLAIMS PROCESS WORK?
  
  
• HOW LONG DOES IT TAKE TO RESOLVE A CLAIM FOR INJURY?
  
  
• I HAVE BEEN INJURED BY THE NEGLIGENCE OF ANOTHER PERSON, BUT I DO NOT HAVE ANY MEDICAL INSURANCE. WILL HIS INSURANCE COMPANY PAY MY MEDICAL BILLS AS I INCUR THEM? IF NOT, HOW WILL I GET THE MEDICAL TREATMENT I NEED?
  
  
• I WAS IN AN ACCIDENT A WHILE AGO. I HAD WHAT I THOUGHT WERE SLIGHT INJURIES, BUT I DID NOT SEEK ANY MEDICAL TREATMENT BECAUSE I THOUGHT THE INJURIES WOULD CLEAR UP ON THEIR OWN. NOW THE INJURIES ARE NOT GETTING BETTER. IN FACT, THEY ARE WORSE. WHAT SHOULD I DO?
  
  
• WHAT IS UNINSURED/UNDERINSURED (UM/UIM) MOTORIST INSURANCE COVERAGE?
  
  
• WHAT IS MEDICAL PAYMENTS COVERAGE, AND SHOULD I BUY IT?
  
  
• THE OTHER DRIVER'S INSURANCE COMPANY SAYS THE ACCIDENT WAS MY FAULT AND THEY ARE REFUSING TO ACCEPT RESPONSIBILITY. THE ACCIDENT WAS NOT MY FAULT. WHAT SHOULD I DO?
  
  
• THE OTHER DRIVER'S INSURANCE COMPANY WANTS ME TO GIVE THEM A RECORDED STATEMENT. WHAT SHOULD I DO?
  
  
• THE OTHER DRIVER'S INSURANCE COMPANY HAS CALLED WITHIN DAYS AFTER THE ACCIDENT AND OFFERED ME A SETTLEMENT. WHAT SHOULD I DO?
  
  
• THE OTHER DRIVER'S INSURANCE COMPANY HAS WRITTEN ME A LETTER TELLING ME NOT TO HIRE A LAWYER AND STATING THEY WILL TREAT ME FAIRLY. WHAT SHOULD I DO?

WHY SHOULD I HIRE AN ATTORNEY? CAN'T I SAVE MONEY BY HANDLING MY OWN CLAIM?
It is true that with many small claims, a claimant may save time and money by handling the matter without an attorney. The claimant should always understand, however, that he is at a disadvantage in his negotiations with an insurance company. Unlike the insurance company, the claimant generally has no experience or training in handling claims and negotiating settlements.

With claims involving serious injury, we believe a claimant should always retain an experienced lawyer who limits his or her practice to the representation of the seriously injured. You would not hire a criminal lawyer to handle your tax matters, or a family doctor to perform brain surgery. Likewise, if you or a family member has been seriously injured, you should choose an experienced trial attorney who has dedicated his professional life to the handling of complex injury claims and lawsuits.

WHY SHOULD I RETAIN HEFFERON & HEFFERON?
Experience. Resources. Resolve. Results.
Today's personal injury claims and lawsuits tend to be highly technical in nature. In addition, insurance companies are fighting claims more vigorously than ever before. They have the resources and staff to quickly investigate and gather evidence favorable to their side. They have access to the finest legal counsel in virtually unlimited numbers.

To offset the formidable powers arrayed against you, and to maximize your recovery, you will need an experienced personal injury attorney who is competent to handle large and complex cases and who will fight for your rights.

I'VE NEVER BEEN INJURED IN AN ACCIDENT. HOW DOES THE CLAIMS PROCESS WORK?
Under the civil law of most states, when a person carelessly causes injury or damage to another, that person is liable for the cost of the damage caused. If the person at fault has an insurance policy providing coverage for the loss, the insurance will pay the loss on behalf of its insured.

A person with a claim against his own insurance company (as for a loss caused by a break-in at home) is called a "first-party claimant." A person with a claim against the insurance company of another individual (as with an auto accident) is a "third-party claimant." Both first-party and third-party claimants must first notify the insurance company that he has a claim by giving the insurance company "Notice of Claim." This is often done by giving the insurance company some basic information over the phone.

Once the insurance company has notice of a claim, a "claims file" is opened and the file is assigned to an "adjuster." The adjuster typically must make two initial determinations: 1) Does the insurance policy provide coverage for the loss claimed? ("coverage"); and 2) in a third party claim, if coverage exists under the policy, is the insured person liable for the loss? ("liability").

Once coverage and liability have been established, the adjuster will then request documentation of the loss. In an auto accident, he will require auto damage estimates (or his own appraisal of the loss), and receipts for incidental losses, such as rental vehicles and broken personal property (eyeglasses, cell phones, etc.). If an injury has occurred, he will require the claimant to produce medical bills, all relevant medical records, and adequate documentation of lost income. If there is a permanent injury or scars, the adjuster will require documentation or photos of those losses as well. Large, complex claims involving serious injuries often require very sophisticated documentation (or proof) in order to recover for future losses.

While an injured person is recuperating, or while he or she remains under the care of medical providers, the claim remains in limbo. Documentation is provided as it becomes available but resolution of the claim must wait until all losses and damages are capable of itemization and documentation. This process can take days, weeks, or even years, depending on the severity of the injuries.

At some point, however, an adjuster will determine that he has sufficient documentation in the claims file to attempt to negotiate a settlement. Negotiation will either resolve the case, or reach an impasse. If the claim is settled to the satisfaction of the claimant, the adjuster will require the execution of a full "Release of Claims" before he will issue payment. Generally, by signing a Release, the claimant discharges his entire claim, no matter what the circumstances. A general release releases all claims of whatsoever kind, known or unknown, past, present or future, from the beginning to the end of time.

If a settlement cannot be reached, the claimant must file a lawsuit. The insurance company is under no obligation to pursue a resolution of the claim after settlement negotiations fail. The ball is in the claimant's court and he must take action within a certain time limit or lose his claim entirely. A claim can be settled at any time, even after a lawsuit is filed. In fact, the great majority of claims involving lawsuits are eventually settled before trial and verdict.

However, if the claim and lawsuit cannot be settled, eventually (the length of time depends on how crowded the civil court dockets are in any particular jurisdiction) the lawsuit will go to trial. After all the evidence is presented, the judge will instruct the jury on the law, and the jury will then deliberate. The jury may be asked to determine questions regarding the fault of not only the other party, but the claimant as well; and the amount of damages the claimant should receive.

HOW LONG DOES IT TAKE TO RESOLVE A CLAIM FOR INJURY?
The amount of time between the injury and ultimate resolution of a claim depends on the facts and circumstances of each claim. The claims process can take a few months to many years. There is no way to evaluate the time involved without a detailed evaluation of all the facts and circumstances. However, it is safe to state that the claimant should always be patient, and should not expect a quick resolution.

I HAVE BEEN INJURED BY THE NEGLIGENCE OF ANOTHER PERSON, BUT I DO NOT HAVE ANY MEDICAL INSURANCE. WILL HIS INSURANCE COMPANY PAY MY MEDICAL BILLS AS I INCUR THEM? IF NOT, HOW WILL I GET THE MEDICAL TREATMENT I NEED?
In the majority of claims, most insurance companies are not willing to pay your medical bills as you incur them. At HEFFERON & HEFFERON we will work closely with you to consider all your insurance options, and advise you as to the different resources that might be available to you while you wait for the resolution of your claim.

I WAS IN AN ACCIDENT A WHILE AGO. I HAD WHAT I THOUGHT WERE SLIGHT INJURIES, BUT I DID NOT SEEK ANY MEDICAL TREATMENT BECAUSE I THOUGHT THE INJURIES WOULD CLEAR UP ON THEIR OWN. NOW THE INJURIES ARE NOT GETTING BETTER. IN FACT, THEY ARE WORSE. WHAT SHOULD I DO?
When you are involved in an accident in which you receive even slight injury, you should seek an immediate medical examination. Your health should always be your first priority. You can worry about the legal ramifications later. It is better to have good health than a good claim. If you have been examined following an accident, and your injuries do not clear up, you will have a documented medical record that you received some injury in the accident in question and received some treatment. This makes it much easier at a later date to persuade a claims adjuster that your injuries are genuinely related to the accident.

We invite you to contact HEFFERON & HEFFERON discuss your particular situation.

WHAT IS UNINSURED/UNDERINSURED (UM/UIM) MOTORIST INSURANCE COVERAGE?
These are really two different coverages that are sold in most states as one package. Uninsured Motorist Insurance (UM) provides coverage to you if you are injured or damaged as a result of a driver who has no insurance. Essentially, your own insurance company acts as the other driver's insurance company and evaluates and pays your claim. After your claim is resolved, the insurance company will seek reimbursement or a judgment from the uninsured driver. You should always consider UM coverage, because you never know whether the guy that just ran into you forgot to pay his insurance premiums.

Underinsured Motorist Insurance (UIM) provides additional coverage to you for your injuries and damages that exceed the insurance limits of the at-fault driver. UIM coverage may be desirable because many drivers are minimally insured. UIM allows you to decide how much coverage is available to compensate you for injuries caused by another driver.

If you have UIM coverage, your own insurance company must step in after the at-fault driver's policy limits have been exhausted. The amount owed by your insurance company depends upon the UIM limits you purchase, and the ultimate value of your claim. In North Carolina, you can purchase UIM limits from $50,000 to $1,000,000.00, and the premiums are relatively inexpensive.

HEFFERON & HEFFERON advises its clients to carefully consider purchasing as much UM/UIM coverage. It is usually a good bargain.

WHAT IS MEDICAL PAYMENTS COVERAGE, AND SHOULD I BUY IT?
Many states allow auto insurance companies to offer coverage for payment of reasonable and necessary medical bills incurred as a result of an auto accident. In most instances, the coverage offered has limits, but usually the coverage is available to the insured without regard to whether the insured was at fault in connection with the injuries sustained. Depending on state law, an insured may be able to collect medical payments coverage from his insurer even if the insurer for another at-fault party is also liable for payment of the medical bills.

HEFFERON & HEFFERON advises its clients to consider purchasing medical payments coverage.

THE OTHER DRIVER'S INSURANCE COMPANY SAYS THE ACCIDENT WAS MY FAULT AND THEY ARE REFUSING TO ACCEPT RESPONSIBILITY. THE ACCIDENT WAS NOT MY FAULT. WHAT SHOULD I DO?
Once an insurance company denies a claim, you have two choices: Accept it or fight it. Call HEFFERON & HEFFERON for advice as to your best option.

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THE OTHER DRIVER'S INSURANCE COMPANY WANTS ME TO GIVE THEM A RECORDED STATEMENT. WHAT SHOULD I DO?
You should talk to a lawyer before you give a recorded statement to an insurance company. You are never required to give a statement before obtaining legal consultation. There are many ways a recorded statement can affect your claim. Call HEFFERON & HEFFERON and we will be happy to discuss this with you.

THE OTHER DRIVER'S INSURANCE COMPANY HAS CALLED WITHIN DAYS AFTER THE ACCIDENT AND OFFERED ME A SETTLEMENT. WHAT SHOULD I DO?
When you settle with an insurance company, your claim is gone. For all but the most minor injuries, a legal consultation will help you make the best decision. Call HEFFERON & HEFFERON before you sign anything.

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THE OTHER DRIVER'S INSURANCE COMPANY HAS WRITTEN ME A LETTER TELLING ME NOT TO HIRE A LAWYER AND STATING THEY WILL TREAT ME FAIRLY. WHAT SHOULD I DO?
The decision to consult with an attorney is your decision, and the adverse insurance company is the last person that should have any input into that decision. If you receive such a letter, you may call and consult with HEFFERON & HEFFERON concerning your legal rights and options.

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(DISCLAIMER - The following information is provided for educational and illustrative purposes only. There is no representation that the information is complete or up-to-date. Nor is there any representation that the information provided herein has any relevance or applicability to jurisdictions outside states where our attorneys are licensed. You should not substitute the information and opinions provided herein for direct legal advice from a qualified attorney concerning your legal problem. You are invited to contact HEFFERON & HEFFERON to discuss your legal problem directly.)