AuthorCharles V. Contrada

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What is GAP Insurance and Why You Need to Have It

It’s a great day! You finally got a brand-new car you have worked so hard for. Not a week after you drove it off the lot, you were in a car accident and your brand-new car was totaled. The insurance company sends you a check that will not cover the cost of a replacement vehicle of the same year, make and model. Now what? That’s where gap insurance comes in.

Gap Insurance Protects You

The purpose of gap insurance is to make up the difference between the cost of your loan and the fair market value of the vehicle. It protects you from finding yourself in a very difficult situation and ultimately gives you peace of mind.

Gap insurance also protects you in the event that your car is stolen and unrecovered. Instead of the insurance company giving you the actual value of the vehicle, they would cover the difference of the loan as well, so you’re not stuck with a substantial bill to pay and no car to drive.

It is always advised to thoroughly read through your insurance company’s gap insurance coverage so you are fully aware of the protection that you have.

Also, if you lease a brand-new car, gap insurance can be included with your lease as legally the car still belongs to the manufacturer. To make sure, read the fine print of your lease agreement before you sign and ask your local car dealer.

Questions about Gap Insurance

Contrada & Associates believes that Gap insurance is very important to have if you have a newer vehicle, or if you have interest payments on your car loan. If you do not add this optional insurance coverage to your policy, you could potentially find yourself in a very troubling financial situation.

After helping numerous clients through car accident claims and seeing the problems they face with their insurance coverage, attorney Contrada’s goal is to inform motorists of the options they have when it comes to car insurance coverage.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a personal injury accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with personal injury claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

What Not To Do After A Car Accident

Car accidents happen every day on local and national roadways, whether it is a fender bender or a serious collision. During the moments right after a car accident, there’s a chance you might not be fully aware of what to do and what not to do at the scene of an accident. Here are a few things you do not want to do after a car accident.

Do Not Wait to get medical treatment

If you are involved in a car accident and you wait to receive medical treatment for possible injuries, it will reflect badly on your personal injury claim and give the insurance company leverage for a smaller settlement. By waiting to seek medical attention, the legitimacy of your injury claims has been brought into question. If you are injured, play it safe and see a medical professional after your accident to not only protect your health but also to properly document the injuries sustained.

Do Not Give a Statement Until You Know All the Facts

If there is any question as to who is at fault in causing an accident, do not give a statement to the other driver’s insurance company. Doing so could not help you, but it can hurt you if you say the wrong thing in the wrong way. Remember the insurance adjusters has a full-time job and that job is to pay you as little as possible, they are not your friends. They have been trained to ask certain questions to get you to answer the wrong way. Through no fault of your own, you could hurt your claim by giving a statement to the insurance company without the advice of a personal injury attorney.

Do Not Settle Your Claim Quickly

While it may seem appealing to obtain the money from your settlement faster, it is not recommended to settle your car accident claim before you have completely recovered from your injuries, or have received a prognosis for the future. Medical treatments for injuries can often last much longer than anticipated, resulting in numerous medical expenses. It is best to wait until you have completed your treatment and are back to normal before you settle, or you may find yourself with medical bills that are above and beyond your settlement amount.  If you do not fully recover, but you receive prognosis for the future, it will enable to the settlement to account for all future expenses brought on by your condition, including future procedures, doctor visits, physical and occupational therapy sessions, and more.

2 Things You Should Do After Your Car Accident

Now that you are aware of the major things you should not do after a car accident, here are two things that you should do – receive medical attention and seek legal advice from a personal injury attorney.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a personal injury accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with personal injury claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

After an Accident, Can an Attorney Contact Me?

Being involved in an accident is a very stressful and trying time, especially for the injured victims. Seeking legal counsel after suffering injuries due to a car accident is a good idea as they will help organize details of your accident and guide you through the legal claims process.

Car Accident Attorney: Direct Contact with Potential Clients

While we recommend that victims contact a car accident attorney following an accident, it is a violation of professional conduct for a lawyer to contact an individual in need of legal services via phone, in-person, or in real-time electronic communication after their accident.  The information below has been paraphrased from Rule 7.3: Direct Contact with Prospective Clients from the American Bar Association’s Model Rules of Professional Conduct:

(a) a lawyer shall not meet someone in person, call them on the phone, or contact them through electronic media if the lawyer’s motive is to make money on that person unless the person contacted:

(1) is a lawyer; or

(2) has family, close personal, or prior professional relationship with the lawyer.

If the individual has made it known that they do not wish to be solicited, and the communication is not prohibited by the points made in the above paragraph (i.e. if the individual has had a previous relationship with the lawyer, but they have made it known that they do not wish to communicate further with them), the lawyer is not able to solicit professional employment. This is explained by the below components of Rule 7.3: Direct Contact with Prospective Clients:

(b)  a Lawyer shall not solicit professional employment by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:

(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or

(2) the solicitation involves coercion, duress or harassment.

Marketing Materials from Car Accident Attorney

While an attorney may not contact a car accident victim by phone, in-person, or real-time electronic contact, they are able to send letters to the victim, as well as recorded or written electronic communication. An example of this would be in the form of a pamphlet sent to your home with information regarding car accident claims, or an email that explains the legal options available to you.

Calls from Unknown Phone Numbers

In some cases, car accident victims can receive multiple phone calls from unknown numbers after their accident. It is likely that these calls were made on behalf of a personal injury attorney as some utilize secondary services to contact prospective clients on their behalf.

Contrada & Associates does not operate on the basis of soliciting business in a manner that is unethical and intruding on the privacy of car accident victims. Attorney Charlie Contrada believes that by posting helpful information on our blog, we are able to offer useful legal advice to retain clients. Contrada & Associates does not send letters because we feel it is a burden and overwhelming experience for those who have been injured.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a personal injury accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with personal injury claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

Why Car Insurance is Important for Cyclists

It may seem obvious that if you are riding your bicycle and get hit by a passing vehicle and they have insurance, it will step in and cover your injuries. However, there are two scenarios where your car insurance will protect you. First, if you are involved in a hit and run while riding your bicycle. Second, if the driver that hits you on your bicycle is uninsured. In either scenario, your car insurance will step in and cover your injuries. However, in both instances, you must have purchased uninsured motorist coverage.

When most people think of car insurance, they think of a car accident involving two vehicles. But, a lot of people don’t realize your car insurance covers you whether you’re in a car or not. Your car insurance can help cover the first level of your medical bills.

Cyclists can use Car Insurance

What to do if you’re in a hit-and-run situation

First things first, make sure you get medical attention immediately. Then it is crucial to file a police report as often insurance companies will require one. Also, if you are able, see if there are any witnesses. Also, hire a personal injury attorney to represent you. This will allow your case to be more deeply investigate and document instances before, during and after the crash that proves you were not at fault.

What can cyclists do to protect themselves?

There is always an inherent danger when you’re cycling on a road you share with vehicles. One way to help protect yourself is a go-pro camera. A helmet camera can help determine fault in an accident involving a bicycle and a vehicle.

If you have been injured in a cycling accident involving a vehicle, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

Electric Shock Drowning Liability

Recently, the news has shared multiple stories in Ohio and Michigan about people losing their lives to electric shock drowning. With summer in full swing, it’s important to raise awareness of this very preventable danger to keep your family safe while having fun.

Electric Shock Drowning

What is Electric Shock Drowning

Electric shock drowning (ESD) is a cause of death that occurs when swimmers are exposed to electric currents, usually low-level AC currents in most likely fresh water. The main cause of electric shock drownings is faulty wiring on boat docks that causes electric currents to leak into the water.

Preventing ESD on your property

Unfortunately, there are no visible warning signs that might tip off swimmers that the water is electrified. For all swimmers, the best way to fully prevent ESD is to not swim at or near docks with an electric power supply or near any boat(s) that may be plugged into these power supplies. Usually swimming 100 yards away is considered a safe distance.

For property, marina and boat owners, you can keep your family, friends and guests who swim at your property safe by:

  • Never using household extension cords on your dock
  • Posting no swimming signs around your dock
  • Keeping power supplies on your dock turned off and unplugged when not in use
  • Testing your boat(s) yearly to make sure they do not leak electricity
  • Have all electrical work at your dock done by a qualified electrician and inspected yearly to make sure it’s properly tested and maintained.
  • Installing GFP (ground fault protection) devices by a qualified electrician and getting them checked regularly.

ESD Liability

When electricity enters the water, it is often due to negligence by the property/boat owner. The negligence can be on the part of multiple people from the property owner, to the electrician or electrical inspector who installs and checks the equipment. They can be held responsible for all damages. When something like this happens, it is crucial to hire a personal injury attorney to help assess what happened and who can be deemed liable.

If you or a loved one have been a victim of electric shock or ESD, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a personal injury accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with personal injury claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

 

Liability for Swimming Pool Accidents

Summer is the season to beat the heat. Many Ohioans either have a private swimming pool on their property, know a friend or family member who does or swims at their local public pool. As fun as swimming is, pool owners need to be aware that it comes with extremely important responsibilities. In Ohio, homeowners can be found liable for injuries that occur on their property which includes accidents in or near swimming pools.

Swimming Pool Accidents

Types of Swimming Pool Accidents

  • Slips, Falls and Pool Slide Injuries – these can be a result of slippery surfaces, dangerous behavior around or in the pool and malfunctioning slides.
  • Drowning/Entrapment – young children and poor swimmers unsupervised can lead to accidental drowning as well as a suction force leading to hair entrapment/entanglement can lead to serious head injuries.
  • Pool Toy Entrapment – flipped or tangled inflatable pool toys can trap young children under the water and make it impossible for older more experienced swimmers to free themselves.
  • Diving/Diving Board Injuries – malfunctioning diving boards and diving in shallow water can result in serious head injuries and paralysis.
  • Electrical Defects – electrical issues combined with water can have devastating and even fatal consequences.

How to Protect Your Property

Install a 4-sided 4-foot fence that completely separates your home from the swimming pool area and surrounding areas of play. You can also consider additional security measures such as automatic door locks and alarms to prevent and notify you if there is an unsupervised entry into your pool area. Also, always remember to remove any portable pool ladders when the pool is not in use.

The Consumer Product Safety Commission also strongly recommends that you have the items listed below near your pool in case of emergencies:

  • Reach pole
  • Floatation devices
  • First aid kit
  • Scissors
  • Charged cell phone to dial 9-1-1

Your pool is usually covered under your homeowner’s insurance and may be sufficient to cover some minor pool-related injuries. You may want to consider an umbrella policy as added coverage. An umbrella policy will help protect your assets from a personal injury or property damage caused by you, family members or hazards on your property for which you are legally liable.

When You are Liable

You may be held liable for any personal injuries on your property if you are deemed negligent. This means if an injury occurs to an invited guest or child while they were unsupervised at the pool, you could be found negligent and liable for any medical bills because of treatment and medical care.

If you have been injured in a swimming pool accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a personal injury accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with personal injury claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

5 Things to Consider When Hiring a Personal Injury Attorney

In the aftermath of being injured in a car accident, making the right decision of choosing the personal injury attorney to represent you can be intimidating and overwhelming. Hiring the wrong lawyer could cause you to be injured twice.

meeting with personal injury attorney

  1. Make sure the lawyer spends most of his time handling car accident cases. There are hundreds of specific areas of law and they are all different and it is impossible for any one lawyer to be good at more than a few areas. Don’t hesitate to ask them how many years they have been doing car crash cases and how many they have handled in total.
  1. If the lawyer doesn’t volunteer his fee arrangement, don’t hesitate to ask questions about attorney fees. This may feel uncomfortable but it will benefit you to know how fees and expenses are broken down so you can fully understand what different charges mean.
  1. Ask the attorney if he will take your phone calls personally if an important issue arises. Much of the work in a personal injury law firm is done by paralegals, but it is nice to know that if you absolutely need to talk to your lawyer, he will be available and will return your call promptly.
  1. Ask the lawyer what your case is worth on your very first meeting. If the lawyer does anything but defer, he probably has not handled many injury cases. No lawyer who knows what they are doing has any idea what the value of the case is until he looks at the medical records, bills, lost wages and the effect it has had on your life.
  1. Since you and your attorney will be spending some time together, you want to be comfortable enough to tell him about any specific problems you may have that have resulted from the accident. Building up a good rapport is always important and don’t hesitate to meet whatever paralegal will be assigned to your case. If you are not comfortable with the lawyer, it is time to move on.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

5 Things You Need to Know if You Are Injured in a Car Accident

Being involved in a car accident is a very trying time and with every accident being unique depending on the specific situation, there are 5 main things to know about your claim.

injured in car accident

  1. Seek needed medical attention

This seems obvious, but there are many accident victims out there that will wait to seek needed medical treatment for days and even weeks after their car accident. Waiting to seek medical attention can significantly impact the value of your claim. Most insurance companies become suspicious if you seek medical attention more than three or four days after the crash.

  1. Follow all doctors’ orders and treatment plans

It is imperative that you follow all doctors’ orders and complete your entire treatment plan for your recovery. Not following through and completing your treatment programs can but the value of your claim in jeopardy. By not complying with your doctor’s orders will show the insurance companies that your injuries were not significant enough to warrant that treatment and could reduce your settlement.

However, regarding physical therapy and chiropractic treatment, if it is not helping after two or three visits, tell the doctor about your concerns. If it is not helping and you are still in pain, you may want to consider a different method of treatment.

  1. Keep track of your changing limitations during everyday activities

In the days, weeks and months after your accident, you could experience limitations during your everyday life and daily activities which can impact your quality of life. Document these in photos, videos or writing. Having this noted in your medical records could help the value of your claim. In some cases, you may want to take a list in when you meet with your medical provider.

  1. Document everything

Documenting everything relating to your car accident and your claim is vital to receiving appropriate compensation. From vehicle damage to documenting the accident scene if you are able can help back up your story. Documenting your treatment plan, recovery and limitations you have because of your injuries can paint a very compelling picture to claims representatives and even jurors if your claim goes to trial.

  1. Meet with a personal injury attorney

Meeting with a personal injury attorney shortly after your accident or when you are able, can make the difference in getting a fair settlement. Don’t wait to hire an attorney until after you get fed up with dealing with the insurance companies yourself. Your personal injury attorney should be involved in the beginning, not halfway though. This will help ensure you get a settlement that will take care of all your expenses due to your car accident.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case. Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal

Settling the Property Damage Portion of Your Car Crash Claim

Under Ohio law, there are essentially two claims to any car accident against the at-fault driver’s insurance company.   First is the property damage claim which involves damage to your vehicle.   The second claim is the personal injury claim.  You can settle the property damage claim and it will have no adverse affect on your injury claim.

Always keep in mind that at the end of the day, the insurance company is not your friend.  Their first interest is themselves and their bottom line.

car insurance property claim

I get many phone calls from people wondering what is going on and why is the insurance company doing things regarding the property damage claim and I would like to explain them now.  If your car is damaged in a crash, the at-fault driver’s insurance company can do one of two things:   they can pay for the cost of repairs to your vehicle or they can declare your vehicle a “total loss” and pay you the “fair market value” of your vehicle.    It is very important to know that you have absolutely no say in whether the insurance company repairs your vehicle or declares your vehicle a total loss.    It is totally up to that insurance company.

Obviously, repairs are pretty obvious and if your vehicle is being repaired, the insurance company owes you a rental car for the reasonable period of repairs.  If you have already gotten a rental car through your company, don’t worry, your company will get their money back from the at-fault driver’s company.

Many people ask me what a “total loss” means.   A total loss simply means that in the insurance company’s mind, the cost of repairs will exceed the fair market value of the vehicle.   In other words, if the insurance company thinks that the cost of repairs will end up being more than totaling out the vehicle, they will total out your vehicle.   Once again, you have no say in whether they total your vehicle out or not.

“Fair market value” means what your vehicle could be sold for on the open market to an individual on the day of the accident before the crash.  Oftentimes, insurance companies come up with the “fair market value” by finding comparables.   A comparable is a vehicle with the same make, model and year as yours.  The big difference is mileage.   Generally, the insurance company will find five comparables within 100 miles of Toledo and based upon the differences in mileage, will come up with a “fair market value” for your vehicle. Generally you can ask for and receive the comparables from the other driver’s insurance company to review yourself.    In addition, if you have had recent mechanical or tire work done on your vehicle if you submit the receipts you can often get the fair market value increased.     However, the work and new parts must have been close to the time of the crash.

Finally, the other driver’s insurance must reimburse you for tax and title if you buy another vehicle within 30 days of the settlement.     Of course, they will only pay tax up to the amount they have offered you, not for the total tax on the vehicle you purchased.  Generally, the insurance company will offer you a rental car for a short period of time, once they have declared your vehicle a total loss, and the worse the insurance company, the shorter the period of time.     Consequently, even though you may be in severe pain, you may need to get out and look for a new car shortly after the crash occurred.

Finally, if the insurance company declares your vehicle a total loss, they will tow it away and sell it for salvage value and keep the money.   If you wish to keep the vehicle because you or your friends could repair that vehicle, you can get a salvage title.   Once you get a salvage title, they will pay you the fair market value, minus the salvage value of your vehicle, such that if the fair market value of your vehicle is $5,000.00 and the salvage value, or what the insurance company could sell the vehicle to a junkyard for, is $1,000.00, they would write you a check for $4,000.00 plus allow you to have the vehicle.  The important feature here is that if you have a salvage title, you are really not supposed to drive the vehicle until it is repaired and it is approved by the Ohio State Highway Patrol in Findlay, Ohio.

If you have been injured in a car accident, don’t sign or say anything. Contact a personal injury lawyer to discuss your case.  Attorney Charles V. Contrada will explain your legal options and guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call (419) 841-4400.  Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

Recorded Statements and Insurance Companies

When you are involved in a car crash, you oftentimes have to deal with two automobile insurance companies:  your insurance company and the driver at fault’s insurance company.

recorded statements and insurance companies

There are several differences in regard to whether to give a sworn statement or an interview, regarding the crash.

No matter what, always remember that insurance companies and insurance adjusters are not you
r friends.   Their first interest is their company’s bottom line.  Before you tell them anything, you should consult a personal injury attorney about what to say and how to say it, as there will be at least two insurance companies involved.

The main difference between providing a recorded statement for your car insurance company and the driver at fault’s car insurance company is that you are essentially obligated to give a statement to your company.    Most insurance policies have a “duty to cooperate” clause in their policies.  This means that if an insurance company wants a statement from their insured, they must provide it or the insurance company can deny coverage.  In other words, if the insured does not cooperate with his own company, they do not have to insure their insured.   Many people get a lawyer involved at this juncture because they simply don’t trust insurance companies because they know the interest of the insurance company is not their self-interest.

Oftentimes, the insurance company for the driver at fault wants to take your sworn statement, even when the liability issue is clear.  In other words, if you get rear-ended, there is really no defense to the car that hit you and yet many times the insurance companies of the at-fault driver demand a statement.  There is absolutely no state law that says you must give a statement, much less a recorded statement, to the other person’s insurance company.  Oftentimes, they act like you must do so, but it is simply not true.

I generally tell the insurance companies that we will not give a statement unless there is some unusual circumstance which could be the basis to deny a claim right from the get go, where a statement would clear it up.   Of course, I have had over 30 years of experience and know when there is truly an unusual circumstance such that I would allow a statement to be made.

Normally, if we do a statement, my clients come to my office and the insurance adjuster takes the statement by telephone and is not present in my office.    Most of the time I do not allow the statement to be recorded.

If you have been injured in a car accident, don’t sign or say anything.    Contact a personal injury lawyer to discuss your case.  Attorney Charles V. Contrada will explain your legal options and guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call (419) 841-4400.  Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.