This is important: do not provide authorization.

“Why?” you might ask. “It’s my own insurance company.” That may be true, but there’s nothing certain about car accidents and insurance benefits until all claims are resolved. Technically, the at-fault driver’s insurance will provide compensation for medical treatment and car repairs, but if there’s no clear fault assigned, both drivers’ insurance companies will limit their liability as much as possible.

That’s where your medical records come in. Here’s the key thing to remember about medical authorization releases: unless otherwise stated, they provide total access to your medical history. If you have any part of your medical history that insurance companies could use to argue against you, then your claim may be devalued and you’ll lose your ability to collect all of your benefits.

For example, if you suffered a neck injury in your crash, that could result in substantial compensation for you: physical therapy, chiropractic care, rehabilitative items like neck supports, etc. However, if your insurance company finds that you had a neck sprain a year or two prior to your accident, even if it doesn’t factor into the crash, they may use the information to lower your benefits.

HOW HAVING AN ATTORNEY CAN HELP YOU

It is possible to provide a partial release that only provides adjusters with the records that have to do with your car accident and nothing more. However, doing so requires an understanding of the medical records and insurance systems. Otherwise, you run the risk of opening yourself up to a loss of privacy regarding your medical history.

That’s why turning to a car accident lawyer in Kansas City is so vital for our clients—we protect their rights against insurance companies before a trial case becomes a possibility. By protecting your privacy early in the process, we can keep your claim as strong as possible, whether or not you pursue compensation in court.

If you’ve been in a car accident recently and you want to make sure your rights are protected, contact Adler & Manson today. We have more than 65 years of combined experience fighting for Kansas City residents, and we’ve secured more than $80 million for our injured clients. Call (816) 333-0400 so we can speak in a free legal consultation to discuss your options and begin work on your behalf.

Police recently placed a 15-year-old girl in custody in connection with the accident, though it is unclear if she was indeed the driver. The charges against the girl are also unclear, if there are any charges at all.

It’s hard to overstate just how infuriating and upsetting hit and run accidents are. The individual who was driving hasn’t just committed a crime they have also deprived the victim of vital, potentially life-saving care.

Responsible drivers who are in accidents involving pedestrians, bicyclists, or others, remain at the scene to assist anyone who may be potentially injured. Hit and run drivers ignore the safety of others so that they may selfishly attempt to evade responsibility for the wreck.

When they are caught (and many hit and runs drivers are eventually caught), they may not only face criminal charges, but civil charges as well. The victims of the hit and run accident (or their loved ones) should seriously consider legal action so that they can hold the individual responsible for their heinous act.

In this particular crash, a 57-year-old man was just walking home after getting ice cream with a friend when he was struck by a truck. Police revealed that the truck is likely a model between the years 1992 to 1996, and that it is red or maroon in color. Unfortunately the crash ended up being fatal as the 57-year-old was unable to survive the trauma of his injuries. Police continue to investigate the crash and are hoping for any witnesses or anyone with pertinent information to contact them.

There are two things to learn from this story — and hit and run accidents in general. The first is that one of the most important (and disappointing) factors in a hit and run accident is that the fleeing driver is not helping the victim. Those who obey the law and are Good Samaritans stay at a crash scene and do everything they can to help the accident victim. Hit and runs drivers deprive the victim of this crucial care, and it could end up costing the victim their life.

The other factor in these accidents is evidence. There will always be a little bit of evidence at every crash scene, but hit and run accidents are a bit trickier simply because the car in question is no longer there. It can be difficult for the victim to remember details about the crash if they survive. So if you do get into a hit and run accident and survive, try to write down (whenever that is possible) any details from the collision.

Source: Sun Sentinel, “Pedestrian killed in Dania Beach hit-run,” Emily Miller, March 5, 2015

Hit-and-run accidents are so infuriating in so many ways. First of all, in many cases the driver who strikes someone or another vehicle and then flees the scene is likely doing something (or did something) illegal. This isn’t always the case, but it does happen a lot. But of course fleeing the scene does nothing to help these people out of their situation. In fact, fleeing the scene just adds another criminal act to their resume.

The other element that is so upsetting in these wrecks is that by cowardly running away, the driver is depriving the person they struck the chance to receive vital care. Even if the driver who causes an accident has no medical experience and doesn’t know what to do for an injured person, that individual can still call 911 and do everything they can that a professional tells them to do in order to try to help the injured party.

When a hit-and-run driver is involved in an accident, it may take some time for the victim and his or her loved ones to achieve justice. Hit-and-run drivers aren’t always caught, but they usually are. When they are caught, they will likely face civil suits in addition to the criminal case filed against them.

Source: FOX4KC.com, “Police identify 19-year-old killed in hit-and-run accident on I-35,” Molly Balkenbush and Kasey Babbit, Jan. 25, 2015

It’s important for the victim to remember that even as that car speeds away from your accident scene — and with it, seemingly, your hope of ever getting that justice — that you need to remain calm. There is still a good chance that the hit and run driver will be caught, and that you will still have the opportunity to hold him or her accountable for what they have done.

Also, like we talked about in a recent post, remember that there are some little, but important, steps that you can take immediately after the crash to help the police and investigators track down the hit and run driver. Take photos of the scene, write down any details you remember so you don’t forget them later, and talk with any witnesses of the accident to gather information about what they saw as well.

Of course, if you are looking to take the hit and run driver to court for their negligence, then you will need to consult with a personal injury attorney. If you live in Kansas City, give Adler & Manson a call. They have extensive experience handling many types of car accidents, including hit and run accidents.

Hit and run accidents are terrible, and they cause a lot of anger, anguish, and grief. You may feel compelled to try to chase the down the driver that hit and fled the scene. However, even if your car still works after such a wreck, you shouldn’t do this. You will likely be disoriented and upset, making another accident more likely. Even if you caught the person, that individual may not be in the most forgiving of moods.

Instead, after a hit and run accident, you should remain calm. Do the little things that could help you earn the justice you deserve later. For example, you should take photos of the accident scene. If you remember any information about the vehicle that struck — make, color, license plate information, anything — you should write it down so you don’t forget. Also, mark down the time and location of the accident, and make note of any witnesses who saw the wreck.

All of this information will help you when you file a claim with your insurance and when you file a police report about the criminal act the other driver committed.

Source: DMV, “Tips For Handling A Hit And Run Driver Claim,” Accessed Nov. 26, 2014

In the days and weeks after a hit-and-run accident, victims and their loved ones might not know exactly how to handle the situation. When the at-fault driver remains at the scene, personal and insurance information can be collected. Additionally, a personal injury claim against the driver might be a possibility. However, if the driver hasn’t been identified after fleeing the scene of the accident, it might not be clear how to obtain compensation for injuries.

In the state of Missouri, all auto insurance policies must include uninsured driver coverage. Although this obviously affects situations in which the other motorist doesn’t have a valid insurance policy, the Missouri Department of Insurance indicates that this coverage also applies to hit-and-run situations.

Basically, uninsured driver coverage allows accident victims to use their own auto insurance policy to be covered. One thing to note, however, is that injuries might be the only accident-related damage covered by an insurer.

Of course, dealing with insurers and seeking adequate compensation can be very complicated, which is why this post shouldn’t be considered specific legal advice. Rather, it serves as a way to convey basic information.

One thing to keep in mind is that hit-and-run drivers might eventually be located if law enforcement has enough information to conduct a successful investigation. Failing to stay at the scene of an accident shows a blatant disregard for the law and the wellbeing of other people.

Source: Missouri Department of Insurance, “Auto Insurance FAQs,” accessed March 17, 2014

The incident occurred on New Year’s Day. It was far worse, according to officers, than an “accident.” The 28-year-old driver was on foot, physically assaulting a 48-year-old woman. A passing 32-year-old good Samaritan attempted to intervene to stop the assault. The motorist allegedly also turned on him before jumping into the 48-year-old’s car and deliberately using it to run over him, the good Samaritan, and the good Samaritan’s girlfriend. The first two victims were killed, and the girlfriend was badly injured and is still in the hospital being treated.

After running over the three people, the driver fled the scene, and later went to Kansas City on a bus. He was later joined there by his own girlfriend, according to officers and she herself was also arrested and is facing serious charges of failing to obey police orders and fleeing. The driver has been accused of two counts of first degree murder, and additional charges may very well follow based on the woman he ran over with the car.

In such cases, criminal sanctions are often justly accompanied by civil lawsuits for wrongful death and personal injury to compensate the victims and their families. Such lawsuits can seek to recover medical and funeral expenses, damages for pain and suffering, and lost income and support. Such lawsuits also send a powerful message which hopefully can help to deter others from engaging in similar conduct.

Source: Arizona Daily Star, “Tucson suspect in hit-run deaths caught outside Kansas City hotel” Kimberly Matas, Jan. 15, 2014

Murder charges were lodged against him on a felony murder theory—that he caused the death while engaged in committing felony crimes. His ex-girlfriend, fearing for her life and trying to escape him by speeding towards police headquarters, was traveling at an estimated 85 mph while passing through an intersection at Bear Boulevard and Kimbrough Avenue. She saw the bike rider and tried to swerve and brake to avoid him, but was traveling at too high a speed to do so and collided with him, inflicting fatal injuries.

This flung the bike rider so high in the air that the pursuing ex-boyfriend actually drove under his body before he fell back to the ground. Prosecutors say that the ex-boyfriend was carrying out felony crimes of domestic assault in the first degree as well as tampering in the first degree in stealing the car he was driving. Under the felony murder doctrine, someone can be charged with murder if they cause a death in the course of committing another felony.

In addition to criminal charges, the family of the dead bicyclist could pursue a wrongful death lawsuit, possibly against both the ex-boyfriend and the woman he was chasing whose vehicle directly struck the bike rider. Both arguably contributed to causing his death. Such a lawsuit could recover medical and funeral expenses, pain and suffering, and lost income and services.

Source: News-Leader, “Bicyclist death near MSU leads to murder charge – but not against driver who hit him and ran” Jess Rollins, Dec. 17, 2013

The arrestee recently pled guilty to criminal charges of failing to stop his vehicle following an accident involving death or injury, a felony. He also admitted his guilt on misdemeanor charges of lacking auto insurance and driving without a valid license. He reportedly stated that he had not stopped to render assistance after the accident, as required by law because he knew that he would be going to jail.

When arrested, he at first provided a false alibi which police were able to disprove. He was found when police were given a tip by someone who said that his car, a Ford Taurus, matched the description of the vehicle involved in the fatal accident. Investigating officers found damage to the front end of the car.

The 22-year-old driver responsible for the accident was sentenced to five years probation and 120 days in a county detention center. While the accident victim may have been homeless, he did have family, who learned of his injuries, hospitalization, and ultimate death at the hospital after the crash.

The motorist could be subject to a wrongful death lawsuit over the accident by the victim’s surviving family. Regardless of the dead man’s station in life at the time of his death, he was a human being entitled not to be so callously left without assistance when injured on the streets by a driver whose carelessness is clearly indicated by his attitude after the accident as well as by his lack of even a driver’s license or insurance. Such behavior should not be tolerated. With such a driver, any pedestrian, motorist, or passenger on the streets could have been the victim.

Source: 5 News Online.com, “Fayetteville Man Pleads Guilty in Hit-And-Run Death” Larry Henry, Oct. 03, 2013