Car Accident step by step guide Part 1: What do you believe?

You are in a car accident...what do you do?  The best thing you can do is to know what and what not to do BEFORE the car accident.

For the next several weeks we will discussing this in a step by step process.



The first thing you need to know....do not listen to your friends or family or believe what you have heard.  

Myths are usually enjoyable..you get some smile out of them. Urban legends are even better. UNLESS the Myths are about your car accident and your back injury.  I truly believe the myths were started by the insurance companies to deny your claim.

Information provided by:  Car Accident Facts:

Myth #1:   Your car has little or no damage how could you have hurt your back?  Some of the smallest car accidents have caused the biggest injuries.  I thing Insurance Companies have decided if your car isn't "hurt" than how can you be?  

Bumpers on most of our cars these days were designed to tolerate some impacts without damage. What the studies have been finding, is that although your car does not look damaged, the force of the other car hitting yours is now moving into your body, the bumper tolerates it, but the force still has to go somewhere, and you are where it goes.So, do not allow damage to your car or LACK of damage in any way inform whether you are injured. If you need treatment for back pain after a car accident, your pain is real and you should get the help you need.

Myth #2:  I had my seat belt on (didn't get thrown from the car) how could you have injured your back?

Well, it does actually, the seat belt is designed to prevent you from being thrown against the steering wheel which used to cause tragic injuries and it prevents you from being thrown out of the car.However, when you are in your seatbelt, and you are in an accident, you are often thrown against the belt. The seat belt sort of acts like a brick wall, when the accident occurs you are thrown against it, it tightens, and your body keeps moving around it, causing shoulder injuries, bruising and damage where the seat belt tightened against your body, and whiplash symptoms as your neck was not restrained.

Myth #3:  You weren't hurt right after the car accident, it's now three weeks later and you are claiming a back injury.

Your pain and your injury are just as real as the person who went to the hospital in an ambulance after a car accident. Injuries in your muscles and ligaments and tendons for unknown reasons can take a long time to show up.

Myth #4:  You are just "sore" take a pill (Advil, Ibuprofen, etc.) and it will go away.

Unlike other injuries you may have experienced, most small accidents can take up to 3 months with steady treatment before your pain starts to change. Ibuprofen can make the day a little more tolerable, but it's not actually a medicine, and can not help your muscles heal and repair their injuries.

Listen to your body, not the insurance companies, or friends, or family or whoever is trying to tell you that you aren't hurt because of any of the above.  Go to a trusted Doctor to find out exactly what is wrong.  Back injuries can cause many problems that you may not recognize as being a back injury (tingling or numbness of the legs, trouble breathing, etc).  LISTEN TO YOUR BODY!!  A back injury, no matter what the reason that caused it, can change your life forever.  It will change it more drastically if the injury isn't discovered and/or treated soon enough.  

Not all back injuries are the same.  Not all "identical" injuries will be received the same...what may cause one person "little" pain may cause another extreme pain.  Only you know your body and only you and your Doctor can treat your back injury.  Be honest, be patient and work your treatment.

In every blog in this step by step process I am going to tell you to contact an Attorney!  You need someone who will fight for you.  Stay tuned for the next step.

If you are hurt in a car accident, NO MATTER WHAT YOUR INJURIES ARE, consult an Attorney!  The best way to heal is let someone else fight your battle with the insurance companies and it is a BATTLE!!  



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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The Value of a Vacation

Vacations...we all need them, we all dream of them, we all worry about affording them.  



Just with anything you shop for, to get the best value you must put in some time and do your homework.  The internet has made this easier but I still find picking up the phone and calling one of the best ways to do my homework.  I like the beach so when I hit the internet and start searching for the best deals...the prices go up the longer I look.  Now this could be my imagination but I have found when I move to a different computer I can get those "first deals" I originally saw.  


So what do I do?  I pick up the phone and call.  Whether it's Apple Vacations, Yahoo Travel or one of the many other vacation sites I find calling gets me the best deals.  

I love the beach (have I mentioned that) so I call and say
1.  I want to go to the beach.
2.  I want all-inclusive.
3.  I don't want these areas.
4.  There are two adults and I don't want to spend more than $850.00 per person.
5.  Must be a minimum of seven nights.


It takes a bit of time but I have never been disappointed.  On one occasion I spent more than my $850.00 per person but I have to say it was WELL WORTH IT.  At that time we went to Cabo (Los Cabos) and stayed at Secrets Marquis so here's a little plug for them.  FANTASTIC VACATION! 


So how do you save for a vacation?  It's a simple trick that won't cost you a dime...

Whether you are one person or a family you can do this.  Decide where you want to go.  Print pictures of that destination out and decorate your vacation fund box. I suggest using a large water bottle. Loose change, a couple of bills add up quickly and let's be honest; if they are in your pocket or purse you are going to spend them on something you really don't need anyway, right.  

Imagine this decorated with the destination of your choice.  Each night you drop in your loose change and bills.  When it's full you cash it in. 

Here is where it gets dangerous...you have the money.  I always suggest turning it into a money order and placing in back into the jar.  Money orders are normally good for one year and if it's in the jar you can't easily get your hands on it. 

Continue until you have enough for your dream vacation.  It will happen before you know it!  

If you are a family planning on doing this imagine the fun you can have decorating this.  



We all want a vacation...but we also need a vacation.  They help us recharge our batteries and survive the daily grind of living.  

Where do you plan on going?

Helmet laws: To wear or not to wear

One of the biggest controversial topics, especially this time of year, is riding motorcycle helmets.  Does the State have the right to mandate an individual to wear one or not?

Yes 65% of motorcycle deaths are because the rider did not wear a helmet.  But here is the question that has been proposed, "It is the rider's life so it's the rider's choice."

"In absence of proof that certain events could not cause motorcyclists, unprotected by helmets, to lose control of their vehicles and cause injury to others on or near the public highway, plaintiffs failed to meet burden of proving that statute requiring motorcyclists and their passengers to wear protective headgear bore no reasonable relationship to the public health, safety, and welfare." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

As a rider, myself, I have to say that I believe it is the rider's choice UNLESS the rider is a minor.  I think we, as adult riders, have the right to decide for ourselves whether we wear helmets or not but minors should not have to live by our decisions.  I want to go as far and say that if you are an adult and have a minor ride with you I think you should wear a helmet also. 


A good friend who is also a police officer was called to a motorcycle accident.  The child was wearing a helmet, the adult was not, when they were both flown from the bike.  The child watched his father die from injuries (on the scene) caused by not wearing a helmet.  We teach children by example.

Helmets do not prevent accidents and some believe that they may assist in causes accidents.  I am a rider and a passenger.  When I ride alone I wear my helmet (not secure enough of my riding abilities to go without).  When I am a passenger with my husband I do not wear a helmet. (crazy as this may seem because other drivers carelessness cause accidents but my husband is better prepared to adapt to those situations than I am).

"In action to declare statute requiring motorcyclists to wear protective headgear, unconstitutional evidence did not support contention that helmets as such do not prevent accidents, but rather interfere with proper operation of a motorcycle." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

I know helmets save lives...but it is the riders' life it will save therefore I believe it is the rider's choice to wear or not to wear a helmet.  

To learn what the laws are in your State, click HERE.

What are your thoughts?




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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 16: Understanding Policy Limits

You are hurt in a car accident.  You have car repairs, medical expenses, you cannot work...your car insurance should pay, right?  Yes they should BUT what they pay is based on you.  It's called policy limits and you decide what they will be when you get car insurance.




For example:  In Colorado all driver are required to carry $25,000/$50,000 but what does this mean?

The first number is easy:  This is the number that is allowed per person in a car accident. The second number is the tricky part...this number is the TOTAL amount that is paid per occurrence.  What this means is if there are four people hurt in a car accident the $50,000 is divided between the four; $12,500 per person.  This number is regardless of how many people are hurt.  Imagine a five car pileup.....12 people are injured....this is not a lot of money to go around.

Now comes the uninsured/underinsured  (UM/UIM) coverage.  In Colorado you can waive this in writing but for the few extra dollars it is well worth the money.  My personal example; I was hit by a person who carried only the required amount 25/50.  $25,000 didn't even come close to what I needed for my injuries.  This is where my UIM (underinsured motorist kicked in and my insurance company paid the difference.  

I will admit until I needed it, I didn't understand it....by then, it's too late.  After my car accident and the information provided to me by my Attorney, Carol Zeisler, I changed my policy.  When I went in to discuss this with my agent I was surprised at the little difference it made in my premium amounts.  

No one wants to be in a car accident.  Most of us take care when driving so we aren't involved in a car accident....but they happen no matter how much care you take when driving.  One trip to the grocery store, to work or going home.....five seconds later your life can change.  

Ask yourself this:  would $25,000 pay for a lifetime injury in your life?  Know your policy, know what it means to you and if you are ever in a car accident....hire an Attorney. 




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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 15: Understanding your insurance dec page

This one is fun.  Pull out your declaration page for your auto insurance and see what is actually covered and what it means:

This is a general overview of the definitions of what auto insurance really means.  For a clear understanding call your agent for details.  Know what your insurance will pay for, cover and will not BEFORE you get into a car accident. 



Liability Coverage/Bodily Injury Liability (Some know it as Liability; BI)
You are not covered:  Let me explain; This type of policy covers OTHER people's bodily injuries or death in which you may be found responsible.  This could be THEIR medical bills, loss of income, pain and suffering.  HINT:  Have enough to cover yourself against in a lawsuit so your personal assets are protected.     Again, this type of coverage does not cover you or other people on your policy.  Required by most states.

Property Damage Liability (PD)
This type of policy covers you if your car damages someone else's property; most cases their vehicle but it could be their home/fence should you drive through it.  It will also provide you with a legal defense if they file suit against you.  Required by most states.

Physical Damage Coverage (Comp and Coll) or Comprehensive Coverage
Covers your vehicle and the damage to other vehicles in which you may have caused.  This usually covers stolen vehicles or damage from outside forces.  It will pay to have your vehicle (and others) fixed (minus your deductible).  States do not require this but if you have a loan on your vehicle, most likely, your lender will require it.

Collision Coverage (Coll)
This is when someone or something else hits your vehicle.  This coverage will fix your vehicle (minus your deductible).  States do not require this but if you have a loan on your vehicle, most likely, your lender will require it.

Underinsured Motorist Bodily Injury (UNDUM)
Covers you, members of your household and your passengers for injuries and/or death caused by another person's negligence.  This coverage pays when the negligent person does not have enough coverage through their policy.

Uninsured Motorist Property Damage (UMPD)
This coverage is for your property when it is damaged by a negligent person who does not have insurance.  If you do not have collision coverage (Coll) you may have a limit on how much is paid for repairs.  If you do have collision coverage than this would pay for your deductible only (in some States...please check your State for complete details).

Underinsured Motorist Property Damage (UNDPD)
Covers your property when the negligent party does not have sufficient coverage on their policy.  As with the Uninsured Motorist coverage some states have a max this will pay for and if you have collision, this will pay for your deductible (in some States).





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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Spring forward: Time change means time to change your smoke detector batteries

The dreaded time change in the Spring.  Can we survive losing one hour of sleep?

Let's look at the time change a little different and it's not going to make it easier to adjust but it may save your life.

We have all been told to pick a day of the year to change the batteries in our smoke detectors and now we add our carbon monoxide detector to this list.

I don't know about you but the batteries in my smoke detector only get bad in the middle of the night. You hear that "chirping" that drives you CRAZY and if you have a dog who's ears are sensitive...that is even worse.

I did the "pick a day" to change the batteries and for the most part...I stuck with it. BUT...it never failed that one of my smoke detectors wouldn't make the year and at 3:00 am in the morning my 85 pound dog was up on my bed crying. So sleepy I had to find the step ladder and a battery and wait....."chirp" okay it's on the north side. Down to four smoke detectors it could be. "Chirp" where the heck is it coming from. (Dog still going crazy and NO HELP in determining which smoke detector needs a new battery.)

"Chirp" ahhhh found it. Climb the step ladder, change the battery and up the rest of the night.

So what do I do now? I change ALL of the batteries every time the time changes. It is now known as "Time to change" the batteries. This makes it simple because the news tells me to go to the store and stock up on batteries weeks before I need to change. How cool is that!

I don't have those 3:00 am wake up calls anymore because of the one bad battery in a thousand that I always seemed to have. Of course that one bad battery couldn't have been in the television remote...it was always in the smoke detector.

Aside from the annoyance I am happy I have smoke and carbon monoxide detectors in my home. They are there to save my life, my family's life and the life of my pets so twice a year I change the batteries in the daytime, without the chirping and awake.

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Car Accident step by step process Part 14: Understanding MedPay

The more I treat the more I get.....not true.  Insurance companies have a pre-determined amount that each injury is worth.....so if you treat the injury more than you should than less money will come to you....unless you have a powerful Attorney to fight this!

Gotta love Colorado:  You are allowed to "sign off" on MedPay. 



MedPay:  A type of auto insurance covering medical and funeral expenses resulting from an accident for the policyholder and any passengers riding with the policyholder. MedPay also covers the policyholder for any accident in which he is a pedestrian. MedPay provides coverage regardless of who is at fault. (Investorwords.com). 

Here's what most people do not know....

.......MedPay is PAID BACK out of your settlement....UNLESS you have an Attorney who fights for you.  When I was told this, honestly, I was shocked!! 

When you sign on for auto insurance and do not "opt out" you are automatically signed up for $5,000 MedPay (Colorado....please check your state policies).  

The good thing about MedPay is it kicks in immediately.  The bad thing is it is not closely looked at so if you visit an "unscrupulous" Doctor your MedPay can be used up very quickly....and as I said earlier....it is normally paid back out of your settlement.

We talked about Policy Limits so let's assume you have the Colorado minimum requirements of $25,000/$50,000 with $25,000 MedPay.  The person who hits you has the same minimum policy limits.  You are seriously injured and your MedPay is exhausted.  You have to have surgery and will have scars the rest of your life.  Bye Bye settlement.  

First thing you need to do is check what your policy limits are.
Second check what your MedPay is.
Third:  If you are ever injured in a car accident TALK TO A Personal Injury Attorney.  They will fight for your MedPay and they will have referral Doctor's that won't abuse the MedPay so you have more money for treatment.





Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)