Author: Steve Terry

Do you think the driver who caused your crash was speeding?

Proving the other driver was speeding may be difficult without the help of an experienced attorney who has taken on these cases before. You need a lawyer who knows how to obtain evidence of speeding. For example, it may be possible to prove speeding by citing damage to both vehicles.

Victims of speeding-related crashes should consider seeking experienced legal help. The attorneys at TSR Injury Law have recovered millions in compensation on behalf of car crash victims. We have been assisting injury victims in Minnesota for more than 20 years.

What Vehicle Damage May Say About the Cause of the Crash

Rear-end crashes result in damage to the lead car’s bumper and damage to the rear car’s front end. Depending on the speed of the crash, there could also be damage to the engine block, radiator, or other things under the hood. The faster the rear car is traveling, the more likely it is to sustain significant damage from the crash.

Rear-ending another car at high speed may indicate distracted driving, as a driver who was paying attention may have been more likely to slow down sooner and avoid a crash or not hit the lead car as hard. However, it could also indicate speeding, as a car traveling at a slower speed may have been more likely to stop and avoid a collision.

This is just one example of how vehicle damage may indicate whether the at-fault driver was speeding. The collision rating for your vehicle may also indicate how fast the other vehicle was traveling when the collision occurred.

Vehicle manufacturers have collision ratings for all their vehicles. Collision ratings describe the amount of damage done based on the speed of the at-fault driver’s vehicle. When your car is taken to a repair shop to assess the value of damage, the shop will look at the damage done and link that to the appropriate collision rating. This may indicate if the other driver was traveling over the speed limit.

Your attorney may want to bring in an accident reconstruction expert, and this person may refer to vehicle damage to describe the cause of the crash. For example, if the speed limit where the crash occurred was only 25 or 35 miles per hour, and your vehicle sustained catastrophic damage, this may serve as proof the other driver was speeding.

Other Evidence to Build a Case for Speeding

Fortunately, vehicle damage is not the only form of evidence that may help your lawyer prove speeding. Other physical evidence from the scene may indicate speeding.

For example, skid marks may indicate the speed of the at-fault driver’s vehicle. Cars that were speeding are likely going to leave longer skid marks compared to cars that were not speeding. Cars that are speeding also take longer and need more room to stop compared to cars that are not speeding.

Road debris may also be indicative of speeding. The faster vehicles are traveling, the farther debris may get flung from the point where the two vehicles collided. If possible, take pictures of debris created by the crash. If you can, get pictures from many different angles, as this can better help your attorney assess the speed of the vehicles involved in the collision.

Other types of evidence that may help prove another driver was speeding includes:

• Police reports – The police report should list traffic citations issued for the crash. The officer may also give his or her opinion as to who caused the crash and why.
• Witness statements ­– Witnesses in other cars or pedestrians may have seen the crash. While they cannot know how fast the vehicles were traveling, he or she may be able to tell if one car looked like it was speeding. For example, if a car was weaving in and out of traffic, the driver was likely speeding.
• Camera footage – Dashcam footage or security camera footage may be available. Your attorney may be able to use the footage to prove the other driver was speeding.                          

Call TSR Injury Law Today to Schedule a Free Consultation

Speeding continues to be one of the leading causes of car crashes, and many of these crashes result in serious injuries or fatalities. Victims and their loved ones should seek experienced legal representation, as those who hire lawyers often recover more in compensation compared to those who do not.

The initial consultation with one of our experienced Minneapolis auto accident lawyers is free of charge and there is no obligation to take legal action after this meeting.

TSR Injury Law. Millions Recovered. Call (612) TSR-TIME.

As it warms up outside, motorcyclists are more likely to hit the road to take advantage of the summer weather. Before you get out on the open road, it is important to remember to take appropriate safety precautions. A crash could result in severe, life-altering injuries, and recovering compensation could be challenging because of motorcycle bias.

Even if you have never been in a crash, you may have experienced some of the preconceived notions about motorcycle riders, such as the assumption that most riders engage in reckless behavior and have little concern for their safety or the safety of others on the road.

Our experienced Minneapolis motorcycle accident lawyers discuss motorcycle bias and how it may impact a compensation claim for crash-related damages.

Motorcycle crash victims should strongly consider seeking legal counsel, as victims represented by attorneys often receive more compensation than those who do not have a lawyer. At TSR, there are no upfront fees, and the initial consultation is free.

What is Motorcycle Bias?

There is no official definition of motorcycle bias. The term was created to describe the types of biases people often hold about motorcycle riders. You could also refer to these biases as stereotypes.

People who are biased against motorcyclists may assume riders are to blame for a crash, even if they did nothing wrong. Perceptions like these are often not based on statistics, but personal experiences. For example, maybe someone once saw a motorcycle rider popping wheelies on the interstate, and this has contributed to his or her perception of motorcycle riders.

People may also allow portrayals of motorcycle riders from TV shows and movies to influence their perceptions about motorcyclists. For example, people may think many riders are in gangs or have criminal records. Movies often show chase scenes with bikers speeding and running lights. People may not like loud pipes and think all bikers are obnoxious.

Unfortunately, at-fault drivers, police officers, insurance companies, judges and juries may all display some level of motorcycle bias against riders who are seeking compensation. This unfair bias can make it harder for riders to recover full compensation for their injuries.

How do I Fight Against Motorcycle Bias?

Some people, particularly those who work for insurance companies, may never change their preconceived ideas about motorcycle riders. Even if an insurance adjuster has a reasonable opinion about motorcyclists, he or she may still manage a motorcycle crash claim in a way that seems biased against the rider. Insurance companies are all looking for a way to deny or devalue a claim. 20 percent fault for being on a bike is the norm.

Despite these biases, there are things you can do to show you are a responsible rider, which may make it harder to dispute the validity of your claim.

Wear a Helmet

Even though you are not required to wear a helmet if you are at least 18 years old, wearing a helmet could reduce your risk of serious or fatal injury in a crash. Wearing a helmet is also the responsible thing to do.

You can be the sure the insurance company will try to use the failure to wear a helmet against you when you are seeking compensation. They argue “the head injury would not have happened if she was wearing a helmet, so we are not responsible for all the damages.”

Get a Helmet Camera

Another step you could take is to install a helmet camera. The footage may go a long way toward establishing what happened in the crash and potentially proving the fault of the driver. It can prove the biker was not speeding or acting in any unreasonable manner.

Be a Safe Driver

Following traffic laws and avoiding reckless driving can help prevent the police from issuing traffic citations. Even though your past driving record should have no bearing on your claim for compensation, the insurance company may try to use it against you.

Seek Treatment Immediately

Getting to the hospital right after the crash is an important step that helps to establish a solid connection between your injuries and the crash. For example, if the crash happened at 5 p.m. and you get to the hospital an hour or two later, it is difficult for the insurance company to argue that something else caused your injuries.

If you wait a day or more to go to the hospital, however, the insurance company may say you suffered an injury somewhere else after the crash. Not seeking treatment right away makes it seem like you are not taking the situation seriously.

Talk to a Lawyer

You may not think you need a lawyer to recover compensation for your injuries, but insurance companies are notorious for denying and undervaluing claims. What if you need treatment after your claim is settled? Do you know how to estimate the cost of future treatment? What if the insurance company denies your claim? What if the insurance company assigns you an unreasonable amount of fault for the crash?

TSR is fully prepared to assist you with your claim, fighting for full compensation for your injuries and other losses. We have recovered fair compensation from insurance companies countless times, and we know how to build a strong case.

Hiring a lawyer often causes insurance companies to take claims more seriously or make a better offer of compensation, particularly if your lawyer has a history of winning cases in court. Insurance companies know attorneys usually do not take cases to court unless they think they have a strong argument that is likely to appeal to a jury.

Are You the Victim of a Motorcycle Crash? Call Today

For more than 20 years, TSR Injury Law has been assisting crash victims seeking compensation for their damages. Our firm has secured over $1 billion in compensation in a variety of cases, many involving motor vehicle crashes.

We are here to answer your questions and assist you during this difficult time. There are no fees to meet with us to discuss the crash, and if you have a case, there are no fees while we work on it.

Call TSR Injury Law today: (612) TSR-TIME.

Car crashes are traumatic, often unexpected events. Victims may have many questions and much uncertainty about what to do. Unfortunately, this could lead to many mistakes that may hurt your chances of recovering all the compensation you need.

It is important to learn more about some of these common mistakes so you can avoid them if you get into a crash.

If you have questions after a crash, give TSR Injury Law a call to schedule a free legal consultation with a licensed attorney. There are no upfront fees for our services, and our firm is dedicated to securing maximum compensation for Minnesota injury victims.

Admitting Fault

You may bear some amount of fault for what happened. However, you might be blameless – sometimes crash victims apologize or think they could have done more when that is inaccurate. It is important not to make quick judgments about the crash, particularly when you are talking to the insurance company. If you admit fault, they will use that against you to devalue your claim.

If you have concerns about your role in the crash or think it may have been partially your fault, contact TSR as soon as possible. A licensed Bloomington auto accident lawyer can discuss the situation with you.

Waiting to Get Treatment

It is best to get treatment immediately after the crash. It is difficult to know how severe your injuries may be, as pain is often masked by adrenaline.

If you wait, you risk allowing your injuries to become much worse. You could also hurt your chances of securing full compensation for your damages. The insurance company will use the gap between the crash and the start of treatment against you. By seeking treatment immediately, you help show you are taking the situation seriously, you are injured, and you are making an effort to get better.

Accepting the First Offer

Do not be surprised if the insurance company offers you a settlement soon after the crash. They are not doing this because they want to fairly compensate you.  They are trying to get a release for as cheaply as possible. Insurance companies make a profit by collecting premiums and then not paying out. If they can convince you to settle for $10,000.00 when the claim is truly worth $30,000.00, they just saved $20,000.00 for profit.

If you receive a settlement offer, you should discuss it with a licensed attorney. Unlike the insurance company, an attorney is committed to your best interests.

It is also important to remember the first offer is not the only offer. Typically, the first offer is a baseline to negotiate from. If you accept the first offer, you cannot later ask for more compensation, even if your claim is truly worth more. This would potentially include waiving future medical coverage, wage loss reimbursement or compensation for pain and suffering in the past and for the rest of your life.

Waiting Too Long to Talk to a Lawyer

If you wait too long to discuss the situation with a lawyer there may be little a lawyer can do to help you. By waiting, you risk evidence disappearing (such as video and witness’s memories) by signing releases you may waive privacy rights we cannot regain, and you may miss the timeline to start a lawsuit. For example, there is a statute of limitations (sometimes as short as two years) from the date of the crash to file a lawsuit. It takes time to build a strong case, as lawyers need to investigate, gather evidence, write a demand letter, etc.

At our firm, the initial consultation is free and comes with no obligation to take legal action. The initial consultation is to determine if you may have a case and if you may need an attorney’s help. We get paid on a contingent basis, so our fee is the same if we get hired on day one or day 100. There is zero risk allowing TSR to investigate your case and help you earlier rather than later.

Posting About the Crash on Social Media

You can continue posting things to social media while pursuing compensation after a car crash. However, be careful not to post things about the crash or things that could be used to attack your credibility.

For example, posting pictures from your vacation is a bad idea. The insurance company may use these pictures to argue you are not really hurt. If you can go on vacation and enjoy yourself, how much pain can you really be in? Are you following the doctor’s orders about physical activity?

You may think it does not matter what you post on social media, but insurance companies often review a claimant’s social media accounts to find things that can be used against them. Even if you are using privacy settings, there may be ways around them. Make sure not to accept friend requests from people you do not know, as they may be insurance company representatives snooping for information.

Unsure if You Can Recover Compensation? Call Today

Our firm has a proven track record of securing compensation for crash victims. We have recovered tens of millions of dollars in compensation over more than 20 years serving Bloomington and the surrounding areas.

The initial consultation is free and comes with no obligation to hire our firm. We take cases on contingency, which means no upfront fees while working on your case.

Get the Legal Help You Need. Call (612) TSR-TIME.

While people often use ridesharing services to avoid the stress of driving, there is still a risk of a crash. You do not know the person driving or his or her driving habits. The driver may also be in a rush because once he or she arrives at your destination he or she can pick someone else up to earn more money.

The last thing you want to think about is getting into a crash, but it might happen. If it does, do you know how to seek compensation? What if you were driving for a ridesharing service?

Unfortunately, people often do not think about these things before they happen, and people may be unprepared when they do. Our Minneapolis auto accident lawyers discuss what you should know about filing these claims.

If you have questions after being injured in a crash, give us a call to schedule a free legal consultation. There are no upfront fees for our services.

Insurance Coverage for Ridesharing Drivers

Minnesota Statute 65B.472 requires drivers, or the companies that they work for, to carry certain amounts of insurance coverage to provide compensation in case of a crash. Coverage requirements differ depending on whether the driver is transporting a passenger or is simply logged into the app and ready to pick up a passenger. This insurance is considered primary coverage. That means this is the first insurance policy crash victims would file a claim against.

Insurance While Logged into the App

Drivers or ridesharing companies are required to carry liability coverage for injury and property damage:

• $50,000 for injury or death to one person
• $100,000 for death or injury to two or more people in one crash
• $30,000 for property damage

Drivers can satisfy the requirements of this section by purchasing this coverage on their own or by relying on the ridesharing company’s coverage, or through a combination of their own insurance and the ridesharing company’s insurance.

Insurance While Transporting a Passenger

The driver or ridesharing company must have insurance for injury or property damage of at least $1,500,000. As with coverage while the driver is not transporting a passenger, the requirements can be satisfied by the driver, ridesharing company or a combination of the two.

What if I Was Not in a Ridesharing Vehicle?

The law considers the ridesharing driver’s coverage to be the primary coverage. That means you would likely file a claim against that coverage first.

What Should I Do After a Crash Involving a Ridesharing Vehicle?

Try to get the names and contact information of everyone involved in the crash. That will help you and your attorney pursue compensation for your damages.

If you are able, contact the police so an officer can be dispatched to the scene to investigate and complete a police report. The police report helps to prove the crash happened and involved a ridesharing driver.

Even if you do not feel much pain or think you have minor injuries, it is important to go see a doctor right away. Your injuries could be worse than you think and going to the hospital right away helps to link your injuries to the crash.

When your injuries have been diagnosed and stabilized, you should strongly consider calling an attorney for assistance. The attorneys at TSR Injury Law have secured millions in compensation on behalf of crash victims. If we represent you, our goal is to secure maximum compensation to help secure your future.

It is important to receive full compensation so you can obtain the treatment recommended by doctors. Many people do not have the financial resources to pay for ongoing medical treatment for a severe injury. Without recommended treatment, it may be harder to make the best recovery possible.

TSR is Here to Assist You After a Crash

Since 1998, TSR Injury Law has been an advocate for those injured by the negligence of others. We have secured tens of millions in compensation on behalf of our clients and are prepared to help you with the legal process.

We take cases on contingency, which means no upfront fees or obligations. Our attorneys do not get paid unless you get paid.

TSR Injury is here to help after a crash. Call (612) TSR-TIME.

For some reason, injury victims tend to downplay their injuries. Maybe they do not want to deal with the inconvenience of seeking medical treatment and having a doctor tell them to limit physical activity. Maybe they think they are just a little sore and will recover within a few days or a week. Perhaps the millions of dollars insurance companies spend claiming everyone is suing each other makes you feel guilty for actually being hurt. Whatever the reason, many victims discover their injuries were much worse than they thought once they get treatment. This often raises important questions about your ability to seek compensation, since insurers frequently use delaying the start of medical treatment as an excuse to deny an injury claim.

The Bloomington auto accident lawyers have experience helping injury victims and may be able to help you recover the compensation you need, even if your injuries were delayed.

Below, learn more about seeking compensation for a delayed injury. TSR Injury Law offers a free legal consultation to discuss legal options following a crash injury.

Car Crash Injuries with Delayed Symptoms

There are some injuries that may leave you feeling a little sore at first. You may also experience headaches. Unfortunately, many crash victims think of these as minor symptoms and think they will likely heal on their own.

However, these kinds of symptoms could be signs of more serious injuries. Symptoms of these injuries are likely to get worse in the coming days and weeks.

Back Injuries

Back pain could be much more serious than you think. Pain could indicate damage to the spinal cord, a herniated disc or whiplash.

If you have back pain, watch for other symptoms, such as tingling in your legs.  A neck injury could also cause tingling or zapping pain into your arms or hands.  This may indicate a pinched nerve.

Other symptoms to watch for include:

Whiplash

If your head and neck were whipped forward or back during and after impact, the tendons in your neck and shoulders may have been stretched too far. While you may have some pain right away, it may not get bad until the next day or the next few days.

While whiplash sometimes heals on its own, it is important to seek treatment right away. This could help the injury heal faster and prevent other symptoms, which may include:

• Ringing in the ears
• Blurry vision
• Trouble sleeping

Concussion/Traumatic Brain Injuries

Contrary to what some people may believe, you can suffer a concussion without being knocked out. You do not even need to hit your head on something to suffer a concussion. Simply being jolted around violently could cause the brain to slam against the inside of your skull.  The term shaken baby syndrome is an unfortunate reality because of this exact phenomenon.

Potential symptoms of a concussion may include:

Internal Bleeding

If you cannot see an injury, you may not think it exists. However, some injuries do not cause damage you can see. Crash victims may dismiss abdominal pain without realizing it may be a sign of internal bleeding. If you feel dizzy or faint you may have suffered internal bleeding. Sometimes internal bleeding causes large dark bruises.

Filing a Claim for a Delayed Injury

If you waited to seek treatment, you should strongly consider meeting with an attorney. The insurance company may claim your injury was caused by something other than the crash. You need an experienced attorney to build a strong case that may help you counter these claims.

It is also important to tell the doctor you see that you were in a car crash, and your symptoms started then and have become worse since. The doctor will note that in your medical records, which should help link the crash and your injuries.

You may be concerned the insurance company will review your medical history to discover preexisting medical conditions and blame your injury on one of these conditions. However, you do not automatically need to give them access to old medical records. If you are concerned about a preexisting injury affecting your claim, discuss it with your attorney, as it will be protected by attorney-client privilege.

You should also make sure to follow the doctor’s advice and continue your treatment. This helps to show the severity of your injuries and you are taking the situation seriously. Missing appointments and stopping treatment gives the insurance company something to use against you.

Need Help Filing a Claim? Call TSR Today

If you were in a car crash and suffered an injury diagnosed by a doctor, you should be able to seek compensation through an insurance claim. This is likely true even if you delayed seeking treatment after a crash.

However, in these situations, it is important to find an experienced attorney with a track record of success. You cannot rely on the insurance companies to treat you fairly after a crash. You need an experienced attorney with a history of negotiating with insurance companies and obtaining compensation.

There are no upfront fees, and the initial consultation is free of charge.

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

Passing by or a through a construction zone can be dangerous, which is why there are usually signs, cones and even construction workers to help direct traffic. However, despite safety measures like these, you could get into a crash in a construction zone.

It is possible the construction company or its workers may hold some liability for a crash, particularly if they were negligent in how they marked off the area or directed traffic. This could make filing a claim more complicated, which is why it is important to seek qualified legal help.

At TSR Injury Law, we have helped many crash victims recover compensation for the damages they have suffered. Our firm has secured over a billion in compensation on behalf of our clients.

An initial consultation with an experienced Bloomington auto accident attorney is free of charge.

When Construction Companies May Bear Liability

Most car crashes are caused by negligent drivers, but there may be other factors involved, particularly if the crash occurred in or near a roadside construction site.

There are a variety of reasons a construction company could be liable for a collision:

The construction company could be vicariously liable for the actions of its employees/workers. In other words, since the construction company exerts control over their workers’ actions, if these workers act with negligence, their employer may hold liability.

It is possible your crash happened because of another driver’s actions that seemed to be negligent. However, that driver may have been forced into a reckless maneuver because of a construction worker’s negligence. In this situation, the construction company could bear liability.

For example, maybe a driver had to make a sudden maneuver because of the way traffic was directed through the construction site. Maybe a construction vehicle moved out into the road and the driver had no choice but to slam on the brakes or veer over into your lane.

If you are able, take pictures of the construction site after your crash. Try to capture the obstacle/issue that you believe led to the crash. When you leave a crash scene, things may get cleaned up, clearing away potential evidence at the same time. The area may not look the way it did right after the crash.

Can You Seek Compensation from the Construction Company?

This is something that should be discussed with a licensed attorney. However, if the construction company’s negligence contributed to the crash, it may be possible to file a claim against them for compensation.

Minnesota is a no-fault state, which means drivers generally seek compensation from their own insurance policies for medical bills and wage, but they seek other compensation from the at fault person or company.

You may be able to file a lawsuit if your injuries created medical bills of at least $4,000, left you disabled for at least 60 days, or caused permanent injury or disfigurement.

Lowering Your Risk of a Construction Zone Crash

While you cannot control the actions of other drivers, you can control how you drive when you approach a roadside construction site. Simply slowing down and leaving a safe distance between your vehicle and the one in front of you could significantly lower your risk for a crash.

Stay alert and obey the signs, as well as the construction workers who are directing traffic. When people become distracted by their cellphones or the radio they may miss important road signs or workers who are directing traffic.

Make sure your taillights work. When you are driving at night, these lights help other drivers to see your taillights when you brake, giving them time to react when you slow down.

Injured in a Car Crash? TSR May be Able to Help

The licensed attorneys at TSR Injury Law are ready to help you seek maximum compensation. Give us a call today to discuss what happened and whether you may have a case.

There are no upfront fees for our services and no legal obligations. That means there is no risk in giving us a call to discuss your crash. We have helped victims of a variety of crashes secure the compensation they needed to move forward.

Local. Licensed. Lawyers. Call (612) TSR-TIME today.

While truck drivers are often the ones found to be at fault for a crash, sometimes crashes are the result of poor maintenance of the truck. For example, maybe the driver or trucking company failed to have the brakes serviced and they failed, leading to a crash with another vehicle.

Sometimes a truck was taken in to be serviced, but things were missed, or the mechanics did a poor work, making mechanical failure more likely.

In these situations, drivers, trucking companies and even repair shops could all be liable for damages that may result from a crash. Below, learn more about maintenance/mechanical issues that commonly arise with commercial trucks and how they may increase the risk of a crash.

Our Bloomington truck accident lawyers are ready to help you seek compensation. Call today.

Brake Failure

The brakes are arguably the most important piece of equipment on a commercial truck, as far as preventing a crash is concerned. If the brakes fail or do not work as well as they should, a crash is much more likely to occur.

One thing to remember about commercial trucks, and vehicles is general is this: the heavier they are, the longer they take to stop. If the brakes are malfunctioning, it may be much harder for a driver to slow down and come to a stop. This could make a crash more likely to occur.

The brake pads may be worn down and need to be replaced. Sometimes there are sets of brakes that must work harder than others. There may be mismatched sets of parts or problems with the pneumatic system. These issues could cause the brakes to lock up.

Sometimes the brakes are not the issue – the truck may be overloaded with cargo. An overloaded trailer can make it harder for the brakes to work as they are supposed to. An overloaded trailer may make the brakes more likely to fail.

Problems with Steering

If there are steering issues, either with the steering wheel itself or the axles, the driver may be unable to maneuver the way he or she needs to, to be able to avoid a crash.

Pump malfunctions, fluid leaks, blocked hoses or worn belts can all contribute to the failure of a steering system. Fortunately, drivers should be able to discover problems because steering wheels often get loose or vibrate when they may need maintenance.

Regular maintenance should solve most of these problems and prevent the need for costly repairs later.

Tire Failure

The condition of a vehicle’s tires is important no matter how big or small the vehicle is. However, the health of a commercial truck’s tires is vital to the safety of those drivers sharing the road with commercial trucks.

Tires often fail because they are underinflated, or the treads are worn down too far. If a tire is underinflated, it may be more likely to blowout. Simply hitting an object could cause the tire to fail if it is not properly inflated.

Worn or uneven treads can make a commercial truck harder to control. Sometimes uneven treads are created by underinflation or overinflation, poor alignment or mismatched tires.

One of the many benefits of hiring a licensed attorney to represent your case is he or she can investigate maintenance issues with the commercial truck that caused your crash. He or she can obtain maintenance records and review state and federal regulations to determine if any may have been violated.

Why Do These Issues Regularly Come Up?

When you consider the danger maintenance issues may create, you may be asking why so many drivers and trucking companies seem to let things go.

The problem is that companies and drivers are under immense pressure to meet tight deadlines. That often results in violations of federal or state laws. Drivers may let some things slide because they need to make a deadline.

As these issues are quite common, they may have contributed to your crash. That is why the crash needs to be thoroughly investigated to assess why it occurred and who may be liable.

Injured in a Truck Crash? You May Have Legal Options

TSR Injury Law is prepared to help truck crash victims seek full compensation for their injuries. Our initial consultations are free of charge and come with no legal obligations. That means there is no risk in contacting our firm to discuss the crash.

For more than 20 years, we have been advocating for those injured in crashes. Our firm has secured over a billion in compensation on behalf of our clients.

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

Crash victims may think there are only two ways to recover compensation: file an insurance claim or file a lawsuit. However, there is also arbitration, which is a quicker and less expensive process compared to a lawsuit.

There are several things you need to know about this process, including the qualifications of arbitrators, the process involved, how long arbitration may take to complete, and how to prepare.

Below, the experienced Minneapolis-based car accident lawyers at TSR Injury Law discuss these issues. If the insurance company has undervalued your claim, give us a call to discuss the situation in a free legal consultation. We may be able to help you pursue full compensation.

In one case decided by a panel of arbitrators, TSR Partner Rich Ruohonen was able to secure more than $3 million on behalf of the victim of a semi-truck crash on highway 94.

Mandatory Arbitration of No-Fault Claims in Minnesota

Minnesota is a no-fault state, which means car crash victims usually turn to their own insurance policies to recover compensation for medical expenses, replacement services and lost wages.

Under state law, when a respondent (the insurance company) denies a no-fault claim, the respondent (injured party) must tell the claimant of his or her right to demand mandatory arbitration. This only applies to claims of $10,000 or less.

For claims worth more than $10,000 at the time arbitration begins, the insurance company can tell the claimant whether it is willing to submit to arbitration.

How the Process Starts

Things usually start with the victim’s attorney filing a Petition for No-Fault Arbitration with the American Arbitration Association (AAA). This can be done after a claim has been denied or if you do not receive compensation within 30 days of filing your claim.

The AAA sends a list of four arbitrators to both parties. These arbitrators are randomly selected. Your attorney and the insurance company may cross one arbitrator a piece off the list. They rank the other arbitrators in their preferred order. The AAA then chooses from the arbitrators left on the list.

It is important to note arbitrators are bound by a code of ethics that requires them to disclose relationships that might make them biased in favor of one party.

If an arbitrator accepts the appointment, a hearing will be scheduled on a date that is mutually agreed upon. The hearing usually occurs within four to six months. That way both sides have time to prepare.

Typically, the hearing occurs in the arbitrator’s office, a AAA office or another place that is agreed upon by both parties.  Zoom is often the new mode of meeting with Covid.

Preparing for the Hearing

Both sides can share information, but they are not required to share as much as they would in a lawsuit. That said, the insurance company is entitled to the following information:

• Medical reports
• Medical authorizations directed to all medical providers the claimant consulted with in the seven years before the crash
• Employment records and authorizations for the two years before the crash if wage loss is in dispute
• Supporting documents that are required under the No-Fault Arbitration Rule
• Other exhibits that will be offered at the hearing

Your attorney can meet with you to help prepare your testimony. You should be prepared to discuss your injuries and the symptoms you are experiencing. Explain how they may have changed over time and some of the ways these symptoms impact your daily activities.

What Happens at the Hearing?

These hearings are informal – each party gets the chance to present its case and the arbitrator is free to ask questions. The arbitrator will also consider evidence that is presented, including statements from witnesses, medical records and other evidence that would be admissible in court.

Once both sides have presented their cases, the arbitrator will ask both parties if they have anything else to present. If they do not, the arbitrator will declare the hearing closed. After that, the arbitrator has 30 days to determine if compensation will be awarded and how much.

Arbitration in Non-No-Fault Claim in Minnesota

Injury claims usually resolve by settlement or a jury trial.  A third option is binding arbitration.  Instead of the time and expense of a jury trial, the plaintiff and defense attorney each agree to binging arbitration.  Each side picks an arbitrator, and the two chosen arbitrators pick a third neutral.  The three together will listen to evidence presented and at least two of them will have to agree on a verdict.

The actual hearing is similar to a fast trial.  Witnesses testify, exhibits are shown and the respective attorneys present opening and closing arguments.  The advantages are speed of getting to the hearing date and cost.  A trial date may be a year after a lawsuit is filed and can cost $10,000 to $250,000.00 in costs for experts, depositions and other trial costs.  An arbitration can often be presented for a few thousand dollars and the three arbitrators have years of experience in the personal injury filed so they can quickly process evidence, provide a hearing date months after agreement and a “verdict” is rendered quickly.

Injured in a Crash? We Are Here to Help

We know you may have many questions about what to do after a crash. That is why we offer a free legal consultation to discuss your situation. There is no obligation to take legal action after meeting with us. We do not charge upfront fees for our services and are only paid if you get paid.

Call today for assistance. (612) TSR-TIME

You may think you have a strong argument for why an insurance company should provide compensation after a car crash. However, insurance companies are known to deny claims that seem perfectly legitimate.

It is important to keep this in mind: as a for-profit business, insurance companies are looking out for their best interests, not yours. When they can find a valid reason to not pay out on a claim, or at the very least reduce the value, it protects their bottom line.

Below, review some of the most common denial decisions policyholders receive. If you are suspicious of the denial reasons the insurance company gave you, call TSR Injury Law to schedule a free consultation.

‘You Waited Too Long to Report the Crash’

You should always call the police immediately after a car crash, even if you think your injuries are not that serious. They could get worse over the next few days. When you call the police, an officer will be sent to the scene to investigate and complete a report that serves as an official record of the crash.

Without a police report, it may be difficult to recover compensation, and the insurance company may try to use this against you. They may claim you were not injured in the collision and are seeking compensation for an unrelated injury. “How bad could it have been?” is a common defense when the police are not called.

Not only is it a good idea to call the police, sometimes the state requires it by law. If the crash caused injuries or property damage of $1,000 or more, you must report it to the police within 10 days. Some auto insurance policies also require a police report. This is especially true for uninsured motorist claims.  Insurance companies assume fraud when their insured’s claim an uninsured motorist hit them. A police report is the best way to protect yourself from later accusations of fault and fraud.

‘You Did Not Get Medical Treatment Soon Enough’

The insurance company is looking for some way to attack your credibility. If you wait to seek treatment, they are likely to say your injury is unrelated to the crash. They are only financially responsible for injuries that happened during a collision or where a direct cause from the crash.

You may think your injuries are not that bad and should heal on their own over a few days or a week. However, you need qualified medical professionals to examine you to determine the type and severity of injuries you may have suffered. Car crash injuries are often much worse than victims realize.

There are multiple reasons to always see a doctor and get checked out. On the human side, if you wait to go to the doctor, your injuries could get worse. They could take longer to heal and affect you for a longer period than they might have if you had sought treatment sooner. Even if the doctor confirms your injuries are not very serious, you can receive the care you need and likely recover more quickly.

On the legal side, the longer you wait to document your related injuries, the harder it is to prove they were the direct result of a crash.

‘You Were Breaking Traffic Laws at the Time of the Crash’

Breaking a traffic law could mean you are at least partially to blame for a crash. However, you are still able to seek compensation from your no-fault coverage. You can be 100 percent at fault for a crash and still be entitled to all your medical and wage loss benefits.

Your own fault for the car crash may affect your ability to seek compensation for pain, suffering or property damage from another involved vehicle, but only if you are more than 50 percent at fault. In other words, you may be partially at fault, but still have a valid claim. Insurance companies often argue if you are at fault there is nothing they can do. This is not true.

Even if fault is an issue, sometimes traffic citations are unrelated to the crash. For example, drunk driving is likely connected to the crash, but driving without a license is not related to the cause of the crash and is irrelevant when determining fault and what an insurance company owes you.

‘You Missed a Premium Payment’

Make sure to pay your insurance premiums on time. You may need to double check that a payment went through online or that your insurer received a check in the mail. Insurance companies will check for missed policy payments as a reason to avoid paying compensation for a claim. While most insurers allow a grace period after your due date, it is risky to pay late. Some insurance companies may purposely delay depositing your payment, causing it to miss the final deadline and your policy to lapse.  Minnesota requires written notice from an insurance company to cancel a policy for non-payment.

However, even if a payment was late, and you actually lose coverage on your vehicle, they are many ways to still have a valid claim against another at fault driver. An attorney may still be able to help you recover compensation. Each case is different, so it is important to review your options with an experienced lawyer.

If you have questions about the denial of your claim, do not hesitate to give our firm a call. We have helped many crash victims and we are prepared to go to court if necessary.

TSR Injury Law is Here to Help. Call Today

Car crash victims often have many questions about what to do next. That is why contacting an experienced Bloomington auto accident lawyer can be an important step.

You may think recovering the compensation you need should be relatively easy. However, the recovery process is often more complicated than many drivers realize. Insurance companies know how to take advantage of crash victims.

For more than 20 years, TSR Injury Law has been recovering compensation for injured victims. We have obtained millions and we know how to protect the full value of a claim.

No Upfront Fees. Call today: (612) TSR-TIME.