Words that can hurt you after a car accident...more than your injuries

You are driving down the street and the next thing you know you are face in your airbag.  You've been hit by someone.  You don't know what happened.  What should you do?

Keep your mouth shut!!

"Insurance companies didn't get to be $15 billion and $20 billion (companies) because they give money away," says John Smith of Morgan Hubble Smith Insurance, based in Columbus, Ohio.

What happened? Is usually the first question asked by the first responders; police, fire department, paramedics, EMT's, witnesses to the accident, etc.  What you say can be twisted to whatever the insurance company wants, remember they didn't get to be a $15 billion dollar company because they want to take care of you!

No matter what the situation is.....keep your mouth shut.  When the adjuster comes out...keep your mouth shut.  They are looking for "key" words or phrases that can and will be used against you.  Don't discuss anything personal: "I just lost my job" or "I just broke up with....." NOTHING!!

"People talk too much. Your best advice is to make sure everyone is OK and then say nothing," says Smith, who's been in the insurance industry for 27 years.

Car accidents are a very stressful situation to be in.  It is natural to "talk" because you are nervous.  But....you don't want what you say to hurt your claim and, trust me, if they can manipulate what is said, to their advantage, they will.

Don't apologize...this can be construed as an admission of guilt.  I have been in two car accidents, neither of which was my fault, and I can tell you...the first thing out of my mouth on the first one was "I'm sorry" meaning just that...not that I was guilty but I was sorry the accident happened.  That was a hurdle that we should not have had to jump through....but it did teach me for the car accident that happened later.  

So, what can you do? 

• Get to a safe place
• Make sure everyone is okay
• Call the police and, if needed, an ambulance
• Have your driver's license, registration, and auto insurance (Everything they need to know about you is on these items)
• SAY NOTHING!!!
• Call an Attorney

Learn from other's mistakes!  

If you are injured in a Colorado car accident I highly recommend (from personal experience):

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If you have a horror story about your car accident or if you have hired Zeisler & Associates, Attorneys at Law, PC please tell me about your experience.

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.

Previous blog on MedPay

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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. 

Next conversation will be about MedPay.  Hope you stay tuned.


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Please tell us about your story.

One person's story the Insurance Company's denial of responsibility

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Progressive’s betrayal of woman after fatal car crash could happen to you

September 5, 2012

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Paying auto insurance  premiums is no guarantee that Progressive Insurance keep its promises after you’ve  been injured

Progressive Insurance could betray you in the same way it betrayed comedian Matt Fisher’s sister, Kaitlynn Fisher, after her car crash.  Sadly, this is the same way Progressive has been betraying people I’ve been helping for years.

After years of accepting, cashing and depositing Ms. Fisher’s dutifully paid premiums for “Underinsurance Motorist Benefits,” Progressive Insurance used Ms. Fisher’s premium dollars to hire a lawyer to contest her “underinsurance” claim by “defending” the truly at-fault driver and blaming Ms. Fisher for the car crash that took her life, despite overwhelming evidence that the other driver had caused the crash that took Ms. Fisher’s life.

The above story is taken directly from: Michigan Auto Law blog

Remember...paying your premium does not guarantee that you will be paid when you need it most.  This story, if you keep reading, Progressive lost in the end....but as Steven M. Gursten states in his blog: 

"In the end, the truth won out. Progressive’s betrayal failed to pay off.  But the disturbing part is that they tried. They chose to do this."

Never doubt, for one second, they will spend $75,000 to defend against paying you $100,000 they will do it which is why you need an ATTORNEY from the beginning of your claim.  Click Steven M. Gursten's blog and read the evidence.....Kaitlynn Fisher did not cause the accident but the Insurance Company STILL FOUGHT to pay the claim.  

You can say all you want that Lawyers are "not good people" and you can say that Lawyers don't care about you they care about the $$$$$.  If this is how you feel about Lawyers...it's because you didn't have a good experience with one.  Find one that KNOWS their field of practice, KNOWS their clients, KNOWS the laws and fights for YOUR rights.  When you find this Attorney your views will change.  Insurance Companies promise to be there for you....an Attorney makes them keep that promise.....Who is really on your side?

Let's face it:  You have to have car insurance.  I would rather have them laugh at me when I pay my premium saying, "ya, let's hope you never need this because we know what's in the fine print" than to have them promise to take care of me and when I need them....they act like we've never met.  Knowledge is power.  If you know this you will be better prepared if you are involved in an accident.

Special thanks to Steven M. Gursten for the use of his story.  

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What won't get paid after a car accident...

Insurance Companies:  They are so friendly when you sign up.  They are so friendly when you pay your premiums.  They are so friendly.....until it's time for them to follow up with their promise.  Their promise to pay if you ever have a claim.  When this happens there is so much in the fine print....not covered because of......this gets filled in by the Insurance Companies:

Did you know....

1. that in some states your insurance will not pay UNLESS you were wearing your seat belt at the time of the accident?  
2. that in other states ONLY your medical bills will be paid unless you were wearing your seat belt at the time of the accident?

Information generously provided by Zeisler & Associates, Attorneys at Law, PC 

and should not be construed as legal advice.  This is information only.  Please check your state laws and your insurance company's policy in regards to this.

In both of these incidents....NO PAIN AND SUFFERING is allowed unless you were wearing your seat belt at the time of the accident.




Did you know that what you say after an accident is like being read your Miranda rights?

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Even though car accidents are civil and Miranda rights are criminal...don't kid yourself:  Everything you say can and will be held against you!!

So what can you do?  Hire an Attorney!  Let me say that again, HIRE AN ATTORNEY!!  It is not your job to understand the laws of your state when it comes to car accidents!!  It is not your job to understand the tricks that are applied to get you to say something that will hurt your case. It is the job of an Attorney!! 

My suggestion is if you are ever involved in a car accident, if you are not in a medical emergency and are not transported to an emergency room your first call is to a reputable Attorney.  I suggest finding one that only handles Personal Injury cases...but that is my opinion.  


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A compassionate Personal Injury Attorney; Carol Zeisler and here's why

Please click and listen to this song when reading this.

"Carol grew up in the heart of the midwest. She knows and understands people. At the young age of 11, a tragedy completely uprooted Carol's life. Her beloved mother was killed in a car accident caused by a drunk driver. This tragic event would be the catalyst for Carol eventually realizing her dream of helping people whose lives are affected by extreme difficulty. The challenges Carol faced throughout her young life would aid her in becoming more attuned to the tragedies we all face on a day-to-day basis.

Confident that becoming an attorney would allow her to help people affected by situations beyond their control, Ms. Zeisler entered law school. Ms. Zeisler received her J.D. from University of Iowa College of Law. The same year, Ms. Zeisler began a storied career in personal injury law in Colorado Springs, Colorado. She would eventually bring her business to Pueblo, Colorado in an effort to serve more people in their struggle to obtain justice in complicated personal injury cases.

Zeisler and Associates, Attorneys at Law, P.C., prides itself on customer service. In a day and age in which personal injury attorneys do not maintain the best of reputations, Zeisler & Associates, Attorneys at Law, P.C., works everyday to earn and maintain the respect of our clients.

Ms. Zeisler is tough with insurance companies and sensitive to the needs of our firm's clients. The insurance claims process is often long and difficult, but our staff has seasoned experience in battling those companies that may not always have your best interest in mind. Each of our clients has a personal story of struggle, and it is our duty to pursue justice for them all."
(This story is from her website)

I was referred to Carol after my car accident. She not only walks the walk but talks the talk!  When you are in a car accident you go through many struggles both physically and emotionally.  When my car accident happened everything good in my life stopped; I was in constant pain, my marriage, although it wasn't "good" to begin with, became even worse.  I cannot count the times Carol spent on the phone with me listening to my troubles and telling me that I could call her should I ever need her.  Carol knows each and every client personally!  Carol takes each and every case as if it was her own!  What her website says about her is true....what drives her, what keeps her going, what her passion is.......is all about is wanting to help others.  It has been years since my car accident and Carol is still in my life.  Can you say that about your Personal Injury Attorney?

Want to have a Personal Injury that has two complete and separate personalities:  Compassion for you and Pit Bull with the Insurance companies:  Call Carol and experience what Personal Injury Attorneys SHOULD be.

If you have been keeping up with the blogs for Zeisler & Associates, Attorneys at Law, PC you now understand why her need to help others is so great.  If you haven't been keeping up with them click here to read more.  This is her part of the solution; being the best advocate for you!!


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Part of the problem or part of the SOLUTION! Little things YOU can do

Going down roads is difficult no matter where or how you travel.  It is up to each of us to travel a road that we can travel back down with our head held high.  Too often we are cruel or rude to people without knowing the real story.  The last few posts I have placed some very powerful songs; Don't Laugh at Me, The Road YOU leave Behind and the Chain of Love.  All these songs fit today's story.  You can make a difference in someone's life.  You can be the person who saves someone's life.  Whatever road you choose to take please remember you will have to travel that road again....so make the scenery beautiful!

Stories like this, always have a way of putting the right perspective on life.

Jean Thompson stood in front of her fifth-grade class on the very first day of school in the fall and told the children a lie. Like most teachers, she looked at her pupils and said that she loved them all the same, that she would treat them all alike. And that was impossible because there in front of her, slumped in his seat on the third row, was a little boy named Teddy Stoddard.Mrs. Thompson had watched Teddy the year before and noticed he didn't play well with the other children, that his clothes were unkept and that he constantly needed a bath. And Teddy was unpleasant.It got to the point during the first few months that she would actually take delight in marking his papers with a broad red pen, making bold X's and then marking the F at the top of the paper biggest of all. Because Teddy was a sullen little boy, no one else seemed to enjoy him, either.At the school where Mrs. Thompson taught, she was required to review each child's records and put Teddy's off until last. When she opened his file, she was in for a surprise. His first-grade teacher wrote, "Teddy is a bright, inquisitive child with a ready laugh." "He does his work neatly and has good manners...he is a joy to be around."His second-grade teacher wrote, "Teddy is an excellent student well-liked by his classmates, but he is troubled because his mother has a terminal illness and life at home must be a struggle."His third-grade teacher wrote, "Teddy continues to work hard but his mother's death has been hard on him. He tries to do his best but his father doesn't show much interest and his home life will soon affect him if some steps aren't taken."Teddy's fourth-grade teacher wrote, "Teddy is withdrawn and doesn't show much interest in school. He doesn't have many friends and sometimes sleeps in class. He is tardy and could become a problem."By now Mrs. Thompson realized the problem, but Christmas was coming fast. It was all she could do, with the school play and all, until the day before the holidays began and she was suddenly forced to focus on Teddy Stoddard.Her children brought her presents, all in beautiful ribbon and bright paper, except for Teddy's, which was clumsily wrapped in the heavy, brown paper of a scissored grocery bag. Mrs. Thompson took pains to open it in the middle of the other presents.Some of the children started to laugh when she found a rhinestone bracelet with some of the stones missing, and a bottle that was one-quarter full of cologne. She stifled the children's laughter when she exclaimed how pretty the bracelet was, putting it on, and dabbing some of the perfume behind the other wrist. Teddy Stoddard stayed behind just long enough to say, "Mrs. Thompson, today you smelled just like my mom used to."After the children left she cried for at least an hour. On that very day, she quit teaching reading, writing, and speaking. Instead, she began to teach children. Jean Thompson paid particular attention to one they all called "Teddy."As she worked with him, his mind seemed to come alive. The more she encouraged him, the faster he responded. On days where there would be an important test, Mrs. Thompson would remember that cologne. By the end of the year he had become one of the smartest children in the class and...well, he had also become the "pet" of the teacher who had once vowed to love all of her children exactly the same.A year later she found a note under her door, from Teddy, telling her that of all the teachers he'd had in elementary school, she was his favorite. Six years went by before she got another note from Teddy.He then wrote that he had finished high school, third in his class, and she was still his favorite teacher of all time.Four years after that, she got another letter, saying that while things had been tough at times, he'd stayed in school, had stuck with it, and would graduate from college with the highest of honors. He assured Mrs. Thompson she was still his favorite teacher.Then four more years passed and yet another letter came. This time he explained that after he got his bachelor's degree, he decided to go a little further. The letter explained that she was still his favorite teacher, but that now his name was a little longer. The letter was signed, Theodore F. Stoddard, M.D.The story doesn't end there. You see, there was yet another letter that Spring. Teddy said he'd met this girl and was to be married. He explained that his father had died a couple of years ago and he was wondering...well, if Mrs. Thompson might agree to sit in the pew usually reserved for the mother of the groom. And guess what, she wore that bracelet, the one with several rhinestones missing. And I bet on that special day, Jean Thompson smelled just like...well, just like the way Teddy remembered his mother smelling on their last Christmas together.THE MORAL: You never can tell what type of impact you may make on another's life by your actions or lack of action. Consider this fact in your venture thru life.  (Thank you RogerKnapp.comhttp://www.rogerknapp.com/inspire/teacher.htm for this story) 

You can save a life!!!  Need motivation to do so?  Watch and listen....you can do it.  
"Be the change you want to see in the world"  ~Mahatma Gandhi

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