what...what to do if i’ve been injured in an auto accident? useful information that may help you...

WHAT TO DO IF I’VE

BEEN INJURED IN AN

AUTO ACCIDENT? Useful Information That May Help You

Navigate Your Case

Donald R. Beebe, Esq.

Daniel A. Beebe, Esq.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 2

Copyright © 2016 by Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.

All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author.

ISBN: 978-1-941645-83-3

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DISCLAIMER

This publication is intended to be informational only. The information in this book is not intended as legal advice. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered.

Law Office Of Beebe & O’Neil

PO Box 6002

335 Washington Street

Norwich, CT 06360

(860) 889-5266

www.newlondoncountypersonalinjurylawyers.com


TESTIMONIALS

“I turned to Attorneys Beebe & O’Neil because I had been in an

auto accident and needed their help. As they worked on my

case, I was very impressed by the small town family business

feel of long ago. I found Attorneys Beebe & O’Neil to be a

personable, competent team of integrity. It became obvious

that they genuinely care about their clients. My phone calls

were always returned promptly. They always took the time to

answer my questions with straight forwardness and clarity.

They kept me informed and made sure that I fully understood

what was happening with my case. I never felt rushed or

intimidated. Attorneys Beebe & O’Neil turned an unpleasant

situation into a pleasurable one. I was more than pleased with

the services of Attorneys Beebe & O’Neil. I was very happy

with the outcome. It was a pleasure to do business with them

and I would highly recommend them.” - Marilyn A.

“I was involved in a car accident the year of 2013. The other

driver’s insurance wanted me to sign off on paperwork. I

wasn’t sure what to do so I contacted Beebe & O’Neil Law

Firm. From the first day that I met Mr. Beebe and his son,

Daniel, they put my worries to rest. They stopped the phone

calls from the other driver’s insurance and started to work on

my case. I was always kept up to date on what was going on

with my case. The enthusiasm in which they took on my case

made me know that I had chosen the right law firm to

represent me. I would recommend Beebe & O’Neil Law Firm to

everybody who needs peace of mind and great representation

until their case gets settled. Thanks again to the lawyers and

staff of Beebe & O’Neil Law Firm.” - David R.


“I want to thank my lawyers and legal staff at Beebe & O’Neil

for representing me in a civil case from a car accident

I was in during 2009. They went out of their way to make me

feel like family and they gave me tremendous moral

support through my medical treating. I can’t say enough

about everyone involved in my legal matter from the

attorneys down to their staff that they go out of their way for

you. I would highly recommend anyone to go to their law firm

if you need help with an accident.” - Nora L.

“In Our opinion, Beebe & O’Neil is a Five-Star Law Firm.

They are thoroughly dedicated to their clients and highly

responsive to their needs. Our case was a lengthy one and

throughout the entire process, the Beebe & O’Neil team kept us

well informed and advised. You simply cannot ask for better

legal support. If you Need legal service, contact Beebe &

O’Neil. You will not be disappointed.” - Larry & Betty G.

“They were great. That’s all I can say. They were

helpful, wonderful at helping. It was a long case but they

helped me through it. I had no problems getting any

questions I had answered. There were no problems with

the case and they were very helpful. It was very good

working with them.” - LuAnn B.


TABLE OF CONTENTS

ABOUT THE AUTHORS .............................................................................. 8

WHAT ARE THE MOST COMMON TYPES OF AUTO ACCIDENT CASES? ..... 11

STEPS THAT YOU MUST TAKE IF YOU HAVE BEEN INJURED

IN AN AUTO ACCIDENT .......................................................................... 12

IF POLICE ASK YOU FOR A STATEMENT, IS IT IMPORTANT TO GIVE THAT STATEMENT?

HOW WILL THE STATEMENT BE USED? ............................................................ 15

IF YOU ARE CITED AT THE SCENE, IS YOUR CASE DOOMED?................................. 17

SEEKING MEDICAL TREATMENT AFTER A CAR ACCIDENT ........................ 18

WHY IS IT IMPORTANT TO FOLLOW THE RECOMMENDED TREATMENT AND

NOT MISS AN APPOINTMENT? ....................................................................... 19

MISCONCEPTIONS THAT PEOPLE HAVE ABOUT AUTO ACCIDENTS .......... 21

AUTO ACCIDENT LAWS IN CONNECTICUT ............................................... 23

MODIFIED COMPARATIVE NEGLIGENCE AND ITS EFFECT ON AN AUTO INJURY CASE . 23

OPTIONS FOR DRIVERS AND PASSENGERS SEEKING COMPENSATION FROM

AT FAULT DRIVER ......................................................................................... 25

MINIMUM CAR INSURANCE REQUIREMENTS ...................................................... 25

DOES CONNECTICUT REQUIRE UNINSURED MOTORIST COVERAGE? ....................... 26

FACTORS DETERMINING VIABILITY OF AN AUTO ACCIDENT CASE ........... 27

HOW CAN YOU GET A SUBSTANTIAL SETTLEMENT? ............................................ 27

WHEN WOULD YOU “NOT HAVE A CASE”? ...................................................... 28

FILING A PERSONAL INJURY CLAIM AFTER AN AUTO ACCIDENT .............. 30

WHAT ARE THE OUTCOMES IN THESE CASES? ................................................... 30


HOW DIFFICULT IS IT TO RECOUP ANY COMPENSATION IN THESE CASES

IF YOU FILE A LAWSUIT? ............................................................................... 30

DO MOST OF THESE CASES SETTLE BEFORE GOING TO TRIAL? ............................. 31

YOUR RIGHT TO COMPENSATION AFTER A CAR ACCIDENT ..................... 33

RIGHT TO COMPENSATION IN CASE OF AN UNINSURED MOTORIST ....................... 33

RIGHT TO COMPENSATION IN CASE OF AN UNDERINSURED MOTORIST .................. 34

DEALING WITH INSURANCE COMPANIES AFTER A CAR ACCIDENT ........... 36

WHAT SHOULD YOU DO IF OTHER DRIVER’S INSURANCE COMPANY CONTACTS YOU?37

SHOULD YOU EVER GIVE ANY INSURANCE COMPANY A STATEMENT? .................... 39

DO YOU HAVE TO RELEASE YOUR MEDICAL RECORDS TO OTHER DRIVER’S

INSURANCE ADJUSTER? ................................................................................. 39

QUESTIONS THAT PEOPLE ASK ABOUT INSURANCE CLAIMS

IN AUTO ACCIDENTS .............................................................................. 40

CAN YOU BRING A CLAIM AGAINST YOUR OWN INSURANCE AS AN ALTERNATIVE

TO THE CLAIM AGAINST THE AT FAULT DRIVER? ................................................ 40

WHAT SHOULD YOU PROCEED AGAINST IF THE PERSON WHO HITS YOU

HAS NO INSURANCE?.................................................................................... 40

WHAT HAPPENS IF THE OTHER DRIVER IS UNDERINSURED? ................................. 41

HIRING A PERSONAL INJURY ATTORNEY AFTER AN AUTO ACCIDENT ...... 42

WON’T INSURANCE HANDLE EVERYTHING? ....................................................... 42

CAN YOU HANDLE IT ON YOUR OWN? ............................................................. 43

EXPERIENCE OF BEEBE & O’NEIL IN HANDLING AUTO ACCIDENT CASES .. 45

WHAT SHOULD YOU AVOID WHEN LOOKING FOR AN ATTORNEY? ........................ 47

WHAT SETS THE LAW FIRM OF BEEBE & O’NEIL APART IN HANDLING

AUTO ACCIDENT CASES? ............................................................................... 47


ABOUT THE AUTHORS

Attorney Donald R. Beebe

Donald R. Beebe, born Bozrah,

CT, January 4, 1950; admitted

to bar, 1975, Connecticut;

1976, US District Court,

District of Connecticut (1976)

US 2nd Circuit Court of

Appeals, (1988) US Supreme

Court, (1993) Mashantucket Pequot Reservation, (1994)

Mohegan Sun Gambling Disputes Court (1997).

Education: Harvard University (B.A., cum laude,

Government; secondary, Philosophy, 1972); University of

Virginia (J.D., 1975).

Areas of Practice: Personal Injury,

Medical Malpractice, Criminal Law, Civil Litigation,

Commercial Litigation.

Professional Associations: New London County

4-H Foundation, President, 1988 – 1991; Harvard

Club of Southern Connecticut, Director;

School Committee Regional Chairman; Harvard Club

of Southern Connecticut.


Attorney Daniel A. Beebe

Attorney Daniel A. Beebe

joined Beebe & O’Neil in

2008. Daniel A. Beebe,

born Norwich, CT, April 4,

1982; admitted to bar,

2007, Connecticut.

Education: Harvard

University (A.B., cum laude, concentration in

Government, 2004); William & Mary School of

Law (J.D., 2007).

Professional Associations and Memberships:

1. Connecticut and American Bar Associations, Member

2. Harvard Club of Southern Connecticut, Member

and Interviewer

3. New London County 4-H Camp, Volunteer

Experience:

1. Attorney Beebe and O’Neil, Attorneys at Law

May 2008 – Present (7 years 7 months)


2. Summer Associate Zaremba Center for Estate

Planning & Elder Law, Williamsburg, Virginia

May 2006 – August 2006 (4 months)

3. Summer Associate David Lee & Associates

May 2005 – August 2005 (4 months)

4. Research Assistant Professor Gary Orren, of The

Harvard Kennedy School of Government, Cambridge,

Massachusetts

September 2002 – August 2003 (1 year)


WHAT ARE THE MOST COMMON TYPES

OF AUTO ACCIDENT CASES?

The most prevalent type of

auto accident case is when a

passenger is in a car and they

either get rear-ended by a

car behind them or the

driver fails to stop

appropriately or fails to stop for a red light, and goes

through an intersection where someone else has a green

light and hits them.

The other common situation is that someone

will go through a stop sign with the same type of effect

and the person with the right of way coming from the

other side of the intersection hits the car. There are also a

lot of cases of passengers sitting in the car where the

driver has been speeding.


STEPS THAT YOU MUST TAKE IF YOU HAVE

BEEN INJURED IN AN AUTO ACCIDENT

If you are at the scene of the accident and have been

injured, there are a couple of

steps that may need to be

done simultaneously. If there

are any witnesses around,

you should be getting their

names and addresses. You should be indicating, if you are

injured, that you are injured. If you are not sure,

you should say that you are not sure whether you are

injured or not.

You should note that it sometimes takes 24 to 72 hours to

know if you have an injury, and sometimes longer. If you

have people who observed the scene, you should get their

names, addresses and telephone numbers. Many times,

you need them and they drive away without getting their

name, telephone number and address.

You can tell witnesses that you just want to be sure

that you can thank them later and tell them how it comes

out. Do not tell them that you want them involved in a

lawsuit because that might scare them. Others may just be

willing to be involved.


The important thing is to document what has happened.

Even if it is a clear case where the other driver is at fault,

what happened at the scene may be also important. Jurors

get very upset with drivers who are at fault and do not

seem to be concerned about your injury or fail to do the

usual things that a decent human being would do when

you have been caused injury.

Also, the driver of the other car may be intoxicated, either

with alcohol or drugs, or they may have been on a cell

phone, or involved in an argument or something with a

person in the car, which again a witness has seen.

This type of information can make a great deal of

difference not only to your case, but also to the safety of

the society in general. People who are that distracted and

that they are not paying attention to the road can cause

horrific injuries to others if they are not forced to face the

fact that they are not acting appropriately.

The police and an ambulance should always be

called to the scene. If you have any pain at all, you

should be going to the emergency room with the

ambulance. If not, go as soon as you can after the

accident. It does not help you to have it in the police


report that you declined medical attention or that you told

the police that you were not injured.

You should say that you are injured if you are, and

if you are not injured, you should say that you are not

sure, that you are capable of going home but you do not

know if you are injured.

When at all possible, you should go with the ambulance to

the emergency room to be

checked out. This is not just

for the fact that you may have

a claim, but also for your own

general health and wellbeing.

The reason why you need to do all these things right

away is that it increases your ability to get just and

reasonable damages for the injury that you sustained by

the fault of another driver.

As soon as you have taken care of your medical

issues, you should then call a lawyer. The law office of

Beebe & O’Neil does not charge for this initial

consultation, but many law firms do.

If you are incapacitated, someone from the office of Beebe

& O’Neil will actually come to your home or your

hospital room. They do not charge for that service. It is


just important to know your rights before you do

something that jeopardizes them. You should not be

talking to the insurance company for the driver at fault

without talking to a lawyer.

If Police Ask You For A Statement, Is It Important To Give

That Statement? How Will The Statement Be Used?

This statement is crucial. This is at the point where you

are closest to the events of the accident. You have your

best memory and your best perception of the case, unless

you were knocked out or confused by what happened. It is

important to remember that you want to be accurate, but

you do not want to conceal anything.

If you do not think that you were going over the speed

limit, say that you were not going over the speed limit. Do

not guess. Think hard about the fact as to whether or not

you are the type of driver that always drives fast or that

you are a cautious and reasonable driver.

It is important to remember what you perceived. If you

thought that the driver was driving extremely fast, say

that. If the driver appeared to have a cell phone in hand,

say that. If the driver told you things like they were on the

cell phone and they were distracted, or that they dropped

something and they picked it up and were not looking also

include that in your statement.


Whatever they say, it is important to tell the police.

Sometimes the driver will

talk to you right at the scene

and tell you things that they

will not say later. In other

words, they will actually tell

you what went wrong before

they start talking to their

own insurance companies or

their own lawyers, so it is important to listen to what they

have to say. Ask them what happened, if you can.

Obviously, if you are trapped in the car or injured, you

cannot. If there are witnesses at the scene that told you

what happened, tell that to the police too, and ask the

police to talk to those individuals. The statement

that you give can control the outcome of your case, so it is

a crucial statement.

It is also important that you remember that a person who

has injured you should be held accountable for his or her

actions, and you should not be sugar coating

what they did. This is not the time to be a “nice guy,” but

to give as much detail as possible about what the other

person did that was wrong.


If You Are Cited At The Scene, Is Your Case Doomed?

No, it is not. It obviously weakens your case. It also

depends what you were cited for. For example, if you

were cited for not having your license because you

were not carrying one, that is totally insignificant, as

long as you have a license and were trained to drive, and

you were driving properly.

Sometimes the police are wrong, so the citation can be

wrong. If you feel that way, you should contact a lawyer

immediately because the citation of the police officer,

although it is not always controlling, can have a very

damaging effect on your claim. You should contact a

lawyer immediately regardless of whether you are cited. If

you are cited and think that you were improperly cited,

then you need to get to a lawyer as well.

In no event should you ever plead guilty to a

citation without a lawyer’s advice. There is a way to plead

nolo contendere, which is a plea by which a guilty

finding can be found against you, but cannot be used in

the civil matter. The insurance companies will use

that guilty finding to make it very difficult for you to get

what you are entitled to.


SEEKING MEDICAL TREATMENT

AFTER A CAR ACCIDENT

It is not uncommon that for many of the injuries that are

sustained in an automobile

accident, the pain does not

start until some time has

passed. The injured person

may not recognize it as a pain

that is tied to the accident or going to be continuous until

some time has passed.

To begin with, many back, neck, leg and arm injuries do

not start to hurt for 24 to 72 hours after the event, and

some are “masked” by the fact that so many other things

are going on that a person is not concentrating on them.

So you do have a case. The important thing is to

go to a doctor immediately when you have the pain and

state that the pain started when the accident

occurred or shortly thereafter, or there has been

nothing else that has occurred between the date of the

accident and the doctor’s visit. (If there has been another

event, they need to distinguish that it could not have

possibly have been the cause.)


Why Is It Important To Follow The Recommended Treatment

And Not Miss An Appointment?

It is critical that you follow the recommended doctor’s

treatment and not miss doctor’s appointments. First, this

is critical for your own health, which is obviously the

primary reason why you go to the doctor.

Secondarily, it is incredibly important to your personal

injury claim. It is important because the insurance

company for the at-fault driver is going to bring

up the fact that you are not following your

doctor’s recommended treatment and you are not

making the appointments.

Anybody that listens to the case, which is usually a jury,

will be told in argument and maybe even by the judge that

people are supposed to treat for an injury. If they are not

following their own doctor’s recommendation or not

showing up for appointments, then they are not doing

what is necessary to treat, or they are not injured at all.

The term “gaps in care,” or words to that effect, is just

saying that there have been gaps that need to be justified

to the jury. There are a lot of reasons why people cannot

treat. Many times it is because they do not have medical

insurance or their medical insurance has been dropped. In

those events, people do not have the money to treat, but it


is important for the injured person to be in contact with

an attorney or the attorney they have and tell that

attorney the problems they are having so that they can

strategize on how to get that treatment.

A large part of the population in Connecticut is

covered by state insurance. It is called “Husky.” A lot of

these policies will not be accepted by the doctors in

their areas, and people need to travel to where they can

treat with that coverage.

The office of Beebe & O’Neil know who those doctors are

and where people need to go. Other law offices do, too, but

it is crucial that people treat. There could be other reasons

why people do not treat, but again they have to be

explained, and every time you have to explain something,

it will confuse the jury as to how serious the injury is.

Not following the recommendations of the doctor,

missing appointments, or having gaps in treatment

decrease the amount of money that you are entitled to in

your case, or it can make a jury think that you are not

entitled to as much as you should be.


MISCONCEPTIONS THAT PEOPLE HAVE

ABOUT AUTO ACCIDENTS

When people first talk to an auto accident attorney, they

feel that somehow they are

doing something that is

wrong or improper. It does

not take very long for Beebe

& O’Neil to explain to them

that they did not ask to be

hurt and that the person or

corporation that has hurt them has a legal obligation to

pay what they have lost.

People have difficulty understanding that they lose far

more than just the cost of their medical bills and the

damage to their car, in car accidents. They also many

times lose, their good health and stamina, and their ability

to live a life pain free and without limits and restrictions.

There are some who think that just by being involved in

an accident, they are entitled to a lot of money and it is

just going to come easy to them. They have to be

counseled on the fact that they have to document their

loss and injuries and how it affects them. They need to

treat, as they should anyways, in order to get well.


Treating is an important factor to the jury, to

whom the case is ultimately tried. A person’s history of

treatment lets the jury know how serious the injury is that

they sustained. There are other people that just feel

being adequately compensated is impossible. They

need to be counseled on the fact that they need to be

patient and persevere. They need to be advised as to

what types of experts and other witnesses are necessary

to develop their claim.


AUTO ACCIDENT LAWS IN CONNECTICUT

Connecticut does not have a

no-fault statute. It did at one

time, but it has no relevance

now. People should be

consulting lawyers to find

out about Fault and No-fault

in their state. In general, the no-fault statute means that,

regardless who is at fault, your own carrier will pay up to a

certain amount of losses that you have.

Modified Comparative Negligence And Its Effect On An Auto

Injury Case

The expression “modified comparative negligence” is not

used in Connecticut. However, there is a law that indicates

that fault is allocated amongst the people who are

responsible for the injury. A person who has been injured

by another can recover, even if he or she has been

negligent, as long as their negligence is less than one half

of the total negligence that occurred.

In other words, if a person is a passenger in a car and are

rear-ended, they are not at fault at all. There is generally

no way that they could be at fault. That would mean that


everybody else who could possibly have caused the injury

are 100% at fault, so there is no comparative negligence.

Taking the example, if the driver of a car comes into an

intersection where they have

a stop sign, they look both

ways and they see a car

coming into the intersection

from some distance, they

have a right to assume that

the car is driving at the speed

limit or less, and they pull

out. If they misjudge it, they

may have some comparable fault with the driver of the

other car, if it turns out that they saw him but misjudged

the fact of how fast they were speeding.

As long as the other driver was 51% or more negligent, the

injured party can collect. This does not apply to the

passenger, who would have no comparative negligence,

but the driver might have some.

The way comparative negligence affects the case

ultimately is if for example, the person who was injured

is 25% at fault and his damages are $100,000, the

court will reduce the damage claim by $25,000 for


his portion of the damages. That is a simplistic answer to

give an idea of how this works.

Options For Drivers And Passengers Seeking Compensation

From At-fault Driver

To begin with, a person cannot file a claim against their

own insurance in Connecticut because it is not a no-fault

state. Insurance companies only pay claims where their

driver/insured is at fault. In that case, they are only going

to pay the person that their driver hurt, not their driver

(the only exception to this is if a policy has medical

coverage for a certain amount and they will pay for the

medical coverage, regardless who is at fault, but that is not

the normal circumstance in Connecticut).

In a case governed by Connecticut law, a person does not

have a choice but to proceed against the driver who is at

fault and collect the money against that driver’s carrier.

Minimum Car Insurance Requirements

In Connecticut, you absolutely have to have a minimum of

$20,000 per person or $40,000 per accident for

insurance. In other words, if one person in the car is

injured, they can collect up to $20,000 against this part of

the policy. If there are two or more people, then the total

in claims that can be paid out is $40,000.


Does Connecticut Require Uninsured Motorist Coverage?

Connecticut does require uninsured motorist coverage.

The minimum coverage is $20,000 per person/$40,000

per accident. If you are injured by an at-fault

driver and the car that you are in has, or you have on your

car, underinsured motorist coverage, you will have

at least $20,000, but it could be a lot more. There are

other refinements to this, but you should know that

there is money available.


FACTORS DETERMINING VIABILITY OF

AN AUTO ACCIDENT CASE

The elements or components of a collision case that make

it a viable case are where,

obviously, the driver of the

other car is at fault. What

makes the case viable is that

the other driver is at fault,

and you can document that

fault. Evidence from the scene is very important,

so you should be in a lawyer’s office so that evidence can

be gathered. This includes things like skid marks,

how the cars are damaged, and the condition of the car

that caused the injury.

How Can You Get A Substantial Settlement?

Getting a substantial settlement has to do with the

fact that good liability has to be established. It does not

have to be 100%. In other words, there can be some fault

on the part of the driver.

There never can be fault as to the passenger, except for

extraordinary circumstances. It is possible, for example,

that a passenger can grab the wheel and cause an


accident, but absent that type of event, the passenger

should always be able to recover.

What generates a substantial settlement is how the

injury affects the person who has the claim. What were

the medical bills? What happened to the person’s

body? Do they have limitation in movement? Are

they limited in what they can do? Can they go to work?

How significant are the scars?

Severe scars are obviously worth a lot of money, as are

serious disabilities or restrictions in life’s activities, or

great reductions in wages. These all lead to substantial

settlements. A good course

of treatment with a clear

history that ties the

treatment to the accident

and how it affects people

creates or generates a substantial settlement.

Also, psychological injuries such as the ability to drive,

being afraid to drive or your relationship with your

spouse, also can all affect the size of your settlement.

When Would You “Not Have A Case”?

Not having a case at all would mean that either

liability is not good at all in the sense that it is established


that you are at fault more than the other driver or that you

have not been injured.

In other words, you can have the most outrageous and

dangerous conduct on the part of the person who hit you

or caused you harm and your car could be completely

totaled. However, if you had no need for medical

attention, you missed no work and it has not affected you,

then you have no case at all.


FILING A PERSONAL INJURY CLAIM

AFTER AN AUTO ACCIDENT

The time frame for bringing a personal injury

lawsuit in Connecticut is two years. The same applies to

personal property damage, namely to the vehicle. It

should be noted that generally the claims for property

damage, such as car damage, are taken care of right away

because people need their cars.

People with injuries to their body as the result of

a car accident generally do not know what is wrong with

them for a while.

What Are The Outcomes In These Cases?

It depends. If the other party is at fault, and if

there is insurance that covers it, either by the liability

policy or if the driver does not have any insurance

coverage, under your own underinsured motorist policy,

you should be able to collect. That is your right, and you

should be pursuing it.

How Difficult Is It To Recoup Any Compensation In These

Cases If You File A Lawsuit?

Talking about automobile accident cases in general, if the

other driver is at fault, you have an absolute right to

recoup compensation, so you should get paid. This is also


true in uninsured and underinsured motorist cases where

the other side does not have insurance or has limited

insurance, compared to the uninsured motorist coverage

or underinsured motorist coverage on your car.

You should be able to recoup compensation if you file a

lawsuit because you are entitled to it. In other words, if

the other driver is at fault and there is any coverage that

applies to you, whether it be the liability policy on the

other car or your own uninsured or underinsured motorist

coverage, you should be able to recover. For that, you

should be seeking an attorney’s advice right away.

Do Most Of These Cases Settle Before Going To Trial?

Most personal injury cases

do reach a settlement

before trial. However, no

case should be treated as if

it is going to settle. All

cases should be treated as

though they are going to go on trial. The insurance

company attorneys evaluating cases always factor in how

the case will be presented at trial. That has a great

deal in convincing the attorney that he/she has to

pay the money damages that the injured party is legally

entitled to receive.


The goal is to make the insurance company of the party

that is at fault live up to its obligation to pay for the harms

and losses that the injured party has suffered because of

the wrongful acts of the insured. It is crucial that clients

hire a law firm that does the necessary work to build and

develop their personal injury claim so they are in a

position to force the insurance company to recognize that

they have to pay the maximum settlement amount for

those harms and losses that the client sustained.


YOUR RIGHT TO COMPENSATION


Many times, the person who injures you or is at fault does

not have insurance. This is an uninsured motorist. So

there are two aspects to it:

Right To Compensation In Case Of An Uninsured Motorist

Just because the other driver

does not have insurance

does not mean that you

cannot present a claim. You

can bring a claim against

your own insurance policy under the section that deals

with uninsured motorists.

People do not like to bring claims against their own

insurance company because they are afraid that it will

affect their rates. Generally, it does not affect your rates to

bring a claim under the uninsured motorist section. By

definition, you are only bringing it because the other

driver is at fault. You have done nothing wrong, so your

insurance company should not increase your rates.

Your claim against that policy or the amount of that policy

is exactly the same claim that you have against the driver


who hurt you or who was at fault. Everything about

treatment, presenting the claim, not giving statements or

being careful when you give a statement that lawyers

advise you is important.

Right To Compensation In Case Of An Underinsured Motorist

In Connecticut, an

underinsured motorist is a

motorist who has a liability

policy on their own car or

insurance coverage in an amount that is less than your

own insurance coverage on your policy. Under

Connecticut law, every driver of every car that is insured

must have a minimum liability coverage of $20,000 per

person / $40,000 maximum per accident.

This is the absolute lowest, and most people have a lot

more than that. This means that if an at-fault driver hurts

individuals in another car and you are one of them, you

are entitled to up to $20,000 if you are the only person

injured. If there are multiple people, then you would be

splitting up to $40,000, but never getting more than

$20,000 per accident.

That is pretty complicated, and you should talk to a

lawyer, but that is the general information.


In the event that you have this situation and the car that

you are in has underinsurance coverage for greater than

20/40, or whatever policy the other car has, then you are

able to collect against the underinsurance policy of that

car under its underinsured motorist provision.

You also may be able to collect from your own insurance

policy if it is different from the car you are in. In other

words, if you are in a friend’s car as a passenger or driver

and you have been rear-ended in an accident where

another driver is at fault, you can collect the maximum of

the insurance of the at fault driver and then proceed

against the car’s own underinsured motorist coverage and

then your own, if it is greater.

This is a very complicated area, but you just need to know

the concept that there is coverage, so you should be

seeking advice on it. Your right to compensation is the

same as if you are going after the other car for their

liability for what they did to you.


DEALING WITH INSURANCE COMPANIES


As a general rule, you should always notify your insurance

company of the accident. If

you were not at fault, you

need to tell them that. If you

have collision on your car,

that means that regardless of

who is at fault, they will pay

for the collision damage and

sometimes they pay for a rental so you can go back to

work. Your insurance company will then make a claim

against the other carrier if the other person is at fault.

However, if you fail to notify your carrier at some point in

time, if a lawsuit is brought and you were at fault or

partially at fault, your carrier may deny coverage on your

liability policy. This can present a problem for your

personal assets. In other words, you could be sued

personally with no insurance coverage.

As to whether you are responsible for notifying the other

driver’s insurance company of the accident, no, you do not

have an obligation to do it. However, you should get to a

lawyer’s office so that they can assist you in this. It does


not hurt to contact them so that if the other driver is at

fault and you have damage to your car, they can fix it.

It is risky to ever deal with the insurance company of the

driver at fault, because that carrier’s goal will be to

minimize your claim. Your own insurance company may

have to pay part of the claim on the underinsured motorist

coverage, so you want to be sure that you are clear as to

who is at fault in talking to them.

When talking to the other driver’s insurance company,

you should be careful not to concede something

that is disputable that would hurt you. If you felt that the

other person was traveling too fast through an

intersection, and if they were going at the speed limit, you

would have been able to enter the intersection and get

safely to the other side of the road, you should say that.

That is just an example, but you should contact a lawyer

whenever you have any doubt.

What Should You Do If Other Driver’s Insurance Company

Contacts You?

Do not ever talk to the other party’s insurance adjuster to

give a statement. Assume that even if the person is not

recording a statement, the person is taking detailed

notes of what you say. From the moment you make a


claim against an insurance company, anything you say

may be damaging to you.

Human nature is such that people have the hope that they

are not injured and that they will get well. They minimize

their injuries, and many times don’t even know how

seriously injured they are.

It should be noted that the same warning of not talking to

other party’s insurance

adjuster or other employee

also applies to the injured

person’s own insurance

company. A recorded

statement given anywhere

can be made available to the

other party’s insurance company. In some instances, the

injured party’s own insurance company may be obligated

to some or all of the injured person’s statement.

You should contact a competent personal injury

attorney right away and have them deal with providing

the basic information about the accident and to prepare

you for any statements you are obligated to give. You

should note that in many instances, you are not obligated

to give any type of statement.


Should You Ever Give Any Insurance Company A Statement?

You should not give the other party’s insurance company a

statement, and you should get advice before you give your

own insurance company a statement. They will be

responsible for paying the damages that the other party

caused under your own insurance policy under the

uninsured or underinsured motorist provision.

Do You Have To Release Your Medical Records To Other

Driver’s Insurance Adjuster?

You should not be dealing with the other driver’s

insurance adjuster unless a lawyer has told you to do so.

You do not have to give a release of your medical records

to the other side’s insurance adjuster. That should be

coordinated only with the advice of a lawyer.


QUESTIONS THAT PEOPLE ASK ABOUT

INSURANCE CLAIMS IN AUTO ACCIDENTS

There are a number of questions people ask about

insurance claims after they are injured in auto accidents

in Connecticut. Some of these question are as following:

Can You Bring A Claim Against Your Own Insurance As An

Alternative To The Claim Against The At Fault Driver?

In Connecticut, that is not available. It is available

to a person who was injured by somebody else at fault

where the driver of the car does not have any insurance

or has less liability insurance than the uninsured

motorist that has hit them.

What Should You Proceed Against If The Person Who Hits You

Has No Insurance?

When the person who hits you has no insurance, you have

a right to proceed against your own policy under the

uninsured motorist provision of your policy.

In Connecticut, you absolutely have to have a minimum of

$20,000 per person or $40,000 per accident. In other

words, if one person in the car is injured, they can

collect up to $20,000 against this part of the policy. If

there are two or more people, then the total in claims that

can be paid out is $40,000.


This is a very unusual notion. You actually do collect

against your own insurance policy. This claim does not

generally affect your own rates because you were not

liable. It is a policy that your carrier has to provide a

minimum to, but you can buy at least up to your own

liability limits, and there are ways that can be increased.

What Happens If The Other Driver Is Underinsured?

If the person who is at fault has limited liability

coverage and you have a lot

more, then you have to

proceed to collect the entire

coverage the at-fault party has,

before you can proceed against

your own. Your own carrier

gets a credit for the amount that you received from the

policy of the at-fault person.

They are then responsible if your claim is large enough,

up to the maximum of the underinsured motorist

part of your policy.

Many people think that because the person that hit

them had no insurance or limited insurance, there is

no reason to proceed, but there is.


HIRING A PERSONAL INJURY ATTORNEY

AFTER AN AUTO ACCIDENT

If you are injured in an auto

accident, you should

contact a competent

personal injury attorney

right away. Never think

that self-representation is

a good idea or that insurance will handle everything.

This is explained below:

Won’t Insurance Handle Everything?

When talking about insurance in auto accidents, we are

talking about the insurance of the at-fault driver.

That insurance company will approach any accident

in a manner that limits the amount of money that they

need to pay on the claim.

In other words, their goal is to minimize the things that

their driver did wrong and to somehow create a

factual pattern that the person bringing the claim has

done something wrong, or that the injury of the

person who was hurt by the at-fault driver are not as great

as they really are.


Also, insurance companies will sometimes confuse the

past histories of individuals. For example, if they had a

preexisting injury to their back, as many people have, or

some other body part, they will get the injured party to

describe it as the same injury they had before and that it

was really the earlier injury that caused the problem that

they are now having, not the car accident.

In general, people are naïve and think that the adjusters

that are calling them have the injured person’s interests in

mind but in reality, they do not. The insurance adjuster’s

goal is to limit their exposure on any accident in any way

that they can legitimately limit it. Most individuals that

have been hurt have never had an experience with an

insurance adjuster and can easily fall prey to them.

Can You Handle It On Your Own?

The answer is yes, you can, but you should not. This is

true even of a lawyer who has been injured. There is a rule

of thumb for lawyers that a lawyer who represents himself

has a fool for a client. Having said that, there are even

stronger words that should be said about a person who is

not a lawyer trying to deal with the professionals of the

insurance companies in handling their own claim.


There is information that having a lawyer handle

your claim can generate three to five times, if not more

money than you would have received from the insurance

carrier on your own. The answer is you can handle it,

but the chances of you receiving what your harms

and losses are as a result of the accident or your just

damages is remote, and if you receive anything, it is

a fraction of what it is that you are entitled to.


EXPERIENCE OF BEEBE & O’NEIL IN

HANDLING AUTO ACCIDENT CASES

The most obvious thing you should look for in an

attorney is experience in a particular area. The office of

Beebe & O’Neil has been practicing for forty years in the

auto accident arena. This is done after Attorney Don

Beebe received his Bachelor’s Degree from

Harvard University and his law degree from the

University of Virginia Law School.

His son, Daniel Beebe, who has been practicing for eight

years, has also been

handling auto accident

cases after graduating

from Harvard University

and William and Mary

School of Law. Together,

they make it a practice to attend all of the current

seminars on auto accident litigation, even though they

have vast experience in that area.

They are also known as people who really try cases. It is

important that the person who is injured knows that the

attorneys that they are retaining to handle their injury are

attorneys who will actually try cases.


Everyone thinks that lawyers try cases; many do not.

Some will start to try a case,

but never take it to conclusion.

The insurance companies

generally know who the

lawyers are that try cases

versus those who do not. The

judges that handle and settle cases also know this. It

should become clear to you that you need to have an

attorney who is known, experienced, well-educated, and

has the capacity to try your case if necessary.

It is important to listen to ads that lawyers put on

television or the radio, but the best way to find a lawyer is

to find out their experience and their ability to

handle your matters. The fact that a lawyer or group

of lawyer is spending a lot of money on advertising

does not make them the best.

Moreover, many of the services that designate

lawyers as being great are services that don’t just get that

designation because the lawyers pay for it. The reality is

that the people who get the most money for their

clients are people who are spending their time

representing the people who have been injured, and not

tooting their own horn, so to speak.


What Should You Avoid When Looking For An Attorney?

The things you watch out for are lawyers that claim in the

ad that they have collected huge amounts of money. What

exactly does that mean to anybody, other than the fact

that there is a large number in the ad?

Also watch out for attorneys that tell you that your injury

is worth a huge amount of money before you are done

treating and before you even know what the real

consequence is to you. If you are not getting

information about what witnesses have said and you

have not seen pictures from the scene of the accident,

it is not a good sign.

Crash tests may have to be done. Accident

reconstructionists may need to be hired. That

should be a warning sign that your claim may not be

developed or that you will be settling the case for less than

your case is worth because the insurance company

knows that you do not have everything that you need to

really prove what needs to be proven or that there may be

weaknesses in your proof.

What Sets The Law Firm Of Beebe & O’Neil Apart In Handling

Auto Accident Cases?

It has to do with the fact that Don Beebe himself has had

over 40 years of experience and his son, Daniel, has had


approximately 8 years of experience. Together, they have

48 years of experience in this area of law. They have

handled a huge number of cases and all phases of those

cases. They really care about the person and how the

injury affects that person.

They do what is necessary right away to gather what

evidence and information that they know is necessary to

preserve the claim. They spend a great deal of time

educating the individual on what he or she needs to

do so that he or she can be properly treated and get well.

In the case if he or she doesn’t get well then to have the

medical documentation necessary to receive the type of

money that they deserve and are entitled to because

somebody hurt them.

Beebe & O’Neil are also a family firm. Don Beebe is

married to Nancy O’Neil of Beebe & O’Neil, that’s his wife

of 42 years. She handles another area of practice. Their

son Daniel, practices with Don.

They work as a team and they have access to each other in

ways that the average law firm does not have because

there is a personal connection between all of them. They

believe that the effects of an injury are personal in nature

and it is those things that are most precious to them, the


personal sides of their lives. These need to be

compensated along with the economic losses,

medical bills, lost wages, and other things expended to

take care of an injured person.

They are extremely bright; Daniel & Don both went to

Harvard University. They

continue their education

through Connecticut Trial

Lawyers Association seminars

and other seminars to remain

at the cutting edge of the auto

accident lawsuits. Their goal is

to maximize money that their clients receive so that they

can recoup that which they have lost at the hands of those

whom have injured them.


DISCLAIMER

This publication is intended to be informational only. The information in this book is not intended as legal advice. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered.

Law Office Of Beebe & O’Neil

PO Box 6002

335 Washington Street

Norwich, CT 06360

(860) 889-5266

www.newlondoncountypersonalinjurylawyers.com

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