Tag: WV Car Crash Lawyer

Should I Salvage my Vehicle after a WV Car Accident?

On By Jeffery RobinetteIn Car Accidents, Personal Injury1 Comment

What is Spoilation of Evidence in a WV Car Accident Injury Claim?

Many people don’t know that they have an obligation to preserve evidence that caused their personal injury claim.  If you discard evidence (called “spoliation”), you may be prohibited from asserting part or even all of your injury claim.   In auto injury claims, you have a duty to preserve the evidence that is under your control or ownership.   So, you may need to keep a wrecked vehicle in the same condition if the vehicle malfunctioned in any way that may have caused a collision.   You may otherwise want to keep the vehicle in its unrepaired state until you have consulted with legal counsel because once the vehicle is repaired or salvaged, you can’t go back and inspect the damages.   So, you should take lots of photos of your damaged vehicle at a minimum before sending the vehicle to salvage.Van Fire outside

Your insurance adjuster may be encouraging you to discard or salvage your vehicle before adequate pictures or inspections can be taken of the damage.  Keep in mind that the “little scuff” on the back bumper may actually be a huge dent in the metal bumper system behind the plastic bumper cover.   If you allow the vehicle to be salvaged and crushed, then you are stuck with these limitations in presenting your injury claim.

What can an injured person do to make sure that they don’t destroy key evidence for their injury claim?

Meeting your duty to preserve evidence that you own or control can be confusing.  This is yet another reason to engage experienced legal counsel early in the process to safely navigate all the pitfalls that may compromise your insurance claim.

Morgantown Car Accident Injury Lawyers

If you or your loved one has been injured due to someone’s careless conduct it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

Call Jeff Robinette today for a free evaluation of your case at 304-594-1800.Collision care 3d

We are glad to provide free books and information for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

 

Is There a Difference Between a Collision and an Accident in WV?

On By Jeffery RobinetteIn Car Accidents, Distracted Driving, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents, Wrongful DeathLeave a comment

Collision CareOne of the classic ways that insurance adjusters begin the process of defeating your claim is to label the wrongful conduct of their own insured driver as an accident.   They will attempt to gain sympathy for their insured driver and make the collision sound like just a little mistake — an accident.   While it is true that many minor collisions occur every day and cause no personal injuries to anyone, it is not accurate to say that all collisions are “accidents”.

When a significant auto collision occurs, causing serious personal injuries, it is self-evident that the person who caused the collision violated the motor vehicle safety laws and is thus guilty of careless, negligent conduct.

It is important to never refer to the conduct of the at-fault driver, who caused your serious injuries, as a mere mistake, or the auto collision as an accident.  If the collision was truly an “accident,” then the law may not hold anyone responsible.  The law requires that legal liability be established on the basis of fault, referred to as negligence.

 WV Uniform Crash Report Replaces Uniform Accident Report

 For many decades, law enforcement officers used the “Uniform Accident Report” form to annotate information about the auto collision.   Notice the word “Accident” in the title of the form?    Insurance companies and defense lawyers loved it!   During trials, the defense lawyer, the police officer, and even the judge referred to the collision as an accident.   So, what’s a jury to think about your claim if it was caused by an accident?  Well, I can tell you from experience — not much.

Recently, however, the use of a revised auto collision report form was mandated in West Virginia.   The change was primarily brought about because a new form had to be created to be integrated with computer software.    Irrespective of the reasons to get a new form in the system, every state, county and city police force must use the revised form: “State of West Virginia Uniform Traffic Crash Report.”   Did you notice the word “Crash” in the title of the report?  You can bet the insurance adjuster and defense lawyer noticed it.

So now, even police officers must recognize that they are investigating car “crashes,” not mere “accidents.”    But, old ways are hard to break, and it will take constant reminders to adjusters and even judges to refrain from referring to the police report as an “accident” report.

 Morgantown WV Collision Injury Lawyers

If you or your loved one has been injured due to someone’s careless, negligent conduct it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

Call Jeff Robinette today for a free evaluation of your case at 304-594-1800.

We are glad to provide free books and information for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.