Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.
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Auto Collisions Archives

If my car is totaled in a collision, will I get treated fairly on the property damage claim?

Unfortunately, often the answer is no. When another driver wrecks your car beyond repair, his or her insurance company should pay you the actual cash value of your car before it was totaled. The industry standard definition of actual cash value is "replacement cost" minus "depreciation." Replacement cost is the amount of money it would take to replace your vehicle with a similar one. Depreciation is the amount of money your car has devalued over time. The insurer also should pay for the sales tax on the new vehicle that you purchase with the insurance money.

Am I going to end up with less money in my pocket by hiring a lawyer to represent me for injuries from an auto collision?

Research shows that the general answer to this question is most likely yes. We make a promise to treat you like we would our own family member and will candidly tell you if you do not need a lawyer - free of charge. We only take on cases where we believe our services will allow you to pocket more money than you would have received without a lawyer -- because that's the right thing to do. A significant percentage of calls result in us telling the individual that an attorney is likely not needed.

Is Health Insurance Entitled to a Portion of My Settlement From Insurance After an Auto Collision?

This is often referred to as subrogation. If your health insurance is Medicaid, Medicare or an ERISA plan, it will almost certainly be entitled to a portion of your settlement. For other health insurance, it depends. Regardless, there are almost always steps that can be taken to reduce and sometimes convince health insurance to reduce or even waive health insurance. However, the insurance adjuster for the at fault driver will act on your behalf and are happy to reimburse health insurance fully. We have saved our clients hundreds of thousands of dollars that would otherwise be taken out of their settlement by negotiating down health insurance subrogation.

How Long do I Have to Pursue a Claim for My Injuries After an Auto Collision?

In Nebraska, you must have a suit on file within four years. In certain cases, however, such as where the responsible party is someone working for a government entity, you may have a very shortened one or two year statute of limitations in which very specific actions must be taken so that your claims are not barred forever. Also, many health insurers may deny coverage if bills are not processed within one year.

Medical Payments Coverage is Your Friend After an Auto Collision

If you are injured in an auto collision, regardless of who is at fault, use the following tip to maximize your good credit rating and minimize collection calls for your out-of-pocket co-pays and deductibles:

Tips to Remember After an Auto Collision That is the Fault of Another

1. Take pictures of the collision scene and damages to both vehicles. Most smartphone cameras are suitable. If your injuries and medical attention take priority and you are unable to take pictures at the scene, have someone you trust take pictures of the damage to the vehicles, even if later at a tow yard, before the evidence is destroyed.

  • Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017
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What Our Clients Say

  • The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance. - WN

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

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