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Were you injured in an accident near Boise, Idaho? Naturally, you want to claim compensation for your injuries! You have every right to pursue a personal injury claim under Idaho state law. However, don’t make a mistake that many accident victims make. Don’t neglect to disclose your medical history.

Why? Because hiding prior injuries (whether you do it intentionally or unintentionally) can severely hurt your case.

In summary, hiding prior injuries can damage your case by:

• Hurting your credibility
• Creating new challenges and roadblocks in the legal process
• And possibility reducing the compensation you will receive

Why Does Hiding Medical History Damage Your Credibility?

To put it bluntly, it could make it seem like you are trying to get money you don’t deserve. If you want to successfully claim compensation, you must be seen by the courts and the insurance adjusters as an innocent victim who is entitled to compensation.

Even if you initially fail to disclose your prior injuries but then later disclose them, this could be used as a “mark” against you. Insurance companies will be trying to protect their bottom line. They will use any excuse possible to try to argue that you deserve a lower settlement. Disclosing prior injuries too late in the game could be just the reason they’re looking for.

When it comes to your medical history, honesty will help your case. When you are honest with both your doctor and your attorney, they can help you argue your case more effectively and with more positive results.

What If You Do Have Prior Injuries?

Even if you really were seriously injured in the accident you’re claiming compensation for, you might be nervous that your previous injuries will be used against you. And yes, the other party might try to do just that. For example, let’s say you had pre-existing back problems before the accident, but the accident made these back problems worse. The other party (such as the insurance company or the opposing attorney) could try to argue that your back problems weren’t aggravated by the accident. But this is exactly why you need to be honest about your medical history. If you disclose your pre-existing conditions, your attorney can work with your doctor to prove that while some of your conditions did exist before the accident, the accident made them worse. A doctor can provide documented evidence that the accident aggravated a pre-existing condition and that you deserve compensation for these additional damages.

If you have prior injuries, don’t panic. An experienced personal injury attorney can argue that these conditions would not have worsened without the accident in question.

A Warning On Medical Release Forms

While it’s true that you should disclose prior injuries, the way that you do that should be carefully considered. Often, early on in the claim process, an insurance adjuster will ask you to sign a release for your medical records or ask you to send them your medical records. They might even say that it’s a way for you to get paid faster. But don’t take the bait! Insurance companies use tactics like this to find something they can use against you. You are not obligated to use the form that the insurance company sends you. Depending on your case, you might only need to release certain records. Talk to your attorney about how to disclose your medical history in a way that won’t negatively impact your case. Sometimes you can limit the insurance company’s access to your records.

Never release a medical record or sign a release statement without discussing it first with your attorney. Some release forms will give the insurance company access to information that you are not required to disclose in your case but which the insurance company could use against you to decrease your settlement.

How We Can Help

Whether it was a slip and fall at work or a car crash, serious accidents can turn your life upside down! Don’t let a simple mistake make things even more complicated. Talk to an experienced Boise personal injury attorney about the role your medical history will play in your claim.

Personal injury lawsuits are complicated in general. And things only get more challenging if you throw prior injuries into the mix. The other party will most likely put up a fight, but that’s exactly why we’re here. The legal team at Johnson and Lundgreen is here to help you navigate all the challenges of your Boise, ID personal injury case. We believe in helping each of our clients receive the maximum compensation possible. When life feels chaotic, we are the solid support you can count on! Get started today by calling (208) 376-5256 or sending us a message online.

Law Firm of Johnson and Lundgreen
2541 E. Gala St., Ste. 210
Meridian, ID 83642
(208) 376-5256
Fax: (208) 376-5907

Think about this for a second: would you ever purposefully endanger your life and the lives of others? For the majority of humans, the answer is obvious. Of course you wouldn’t purposefully endanger your life, let alone the lives of others.

Here’s the deal though.

That’s exactly what you’re doing when you text and drive.

So why do it? Here are some of the “reasons” that people usually use to justify texting while driving.

When Everyone’s Super, No One Will Be

Go and ask all of your friends and family members how good they think they are at driving. What do you think the majority of their answers will be? You guessed it. They will most likely say that they are above average drivers.

It’s not just your friends either. The majority of drivers think that they are better drivers than most people out on the road. By definition, not everyone can be above average. So, you’re probably just as good at driving as everyone else out there on the road.

Now, if you think that you are a better driver, you probably think that you’re also better at doing other tasks while driving. We are here to tell you that you are also not very good at multitasking. As much as you think that you can, you can’t give your full attention to driving while also updating your Snapchat story or posting that cute pic on Instagram. It just doesn’t work.

We Can’t Disconnect

With our world becoming more connected than ever, there is a tendency to feel a loss when we are disconnected. Not being able to check your new feed or not being able to reply to the text message you got 3 seconds ago is a serious problem on the road.

This may be hard to believe, but your friend can wait for you to get out of the car for you to reply to their text message. There is rarely something so incredibly important that you are required to risk your life and the lives of everybody else on the road.

Trust us, you can do it. You can keep your phone down while you’re driving. It’s not as hard as it sounds.

If somebody crashes into you because of distracted driving and you need a car accident attorney, give us a call at (208) 376-5256.

When you’re a rideshare driver, insurance coverage can be confusing. You may be wondering if you can use your regular car insurance policy, if Uber or Lyft will completely cover you, or if you might be liable in the case of an accident. Read on to find out everything you need to know about insurance requirements for rideshare drivers.

The Rideshare insurance gap

Rideshare firms require their drivers to carry accident insurance, but what they often don’t tell their contractors is that an insurance gap exists on standard personal auto insurance policies. Standard personal policies often exclude coverage if the driver is carrying passengers for hire. Although rideshare companies like Uber and Lyft indicate that they have insurance, it’s not always clear when those policies are activated and what they cover. Therefore, a very real insurance gap often exists for drivers who work for these companies, putting both drivers and passengers at risk for high costs.

Uber has a $1 million liability policy that covers drivers. However, coverage is denied if the accident falls under two of the scenarios in its three-part insurance plan.

1. If a driver is not available, in other words on personal time and not logged into the Uber app, the driver’s own insurance must be used if an accident occurs.
2. Under the second scenario, where a driver is in between rides and logged onto the app without a passenger, personal insurance must be used first.

When available and carrying a passenger is the only situation in which Uber’s $1 million policy can be invoked, covering the driver, the passengers, and a third party. However, Uber can still deny the claim. Injured passengers can still sue the driver directly. Uber allows usage of additional insurance through the company, however, it’s only available by request.

Lyft has a similar insurance policy that covers drivers and passengers with a $1 million excess liability policy. The rideshare company also covers collisions by uninsured and underinsured motorists and has match coverage to help drivers with costs of individual injuries and property liability resulting from an accident. Like Uber, Lyft is also known for trying to sidestep accident claims. Recently though, some courts have begun to rule that it is no longer acceptable to consider rideshare drivers independent contractors, and as a result, they have been ruling in favor of claims submitted by drivers more often.

Protection from accident claims (Uber, Lyft)

Rideshare drivers who cause accidents could be responsible for paying costs such as repairs to their own vehicle along with other damages incurred due to the accident if the driver is found to be at fault. Uber and Lyft drivers may also end up paying for damage caused by uninsured and underinsured motorists, as well as expenses usually covered under comprehensive, collision and other optional coverages.

In order to best protect yourself from accident claims as a rideshare driver, you should know the steps to take if an accident occurs.

• First of all, you should remain calm and check to see if everyone in the vehicle(s) is okay.
• Drivers should stay with their vehicle through all police and cleanup proceedings.
• Thoroughly document everything that happened during the incident for rideshare and personal insurance in order to maximize chances of being covered.
• Drivers should contact their insurance company and the insurance company of the other vehicles involved in the accident.

Finally, one of the most important things to do following a rideshare accident is to retain the services of an attorney as insurance claims can be more than tricky. A lawyer can help maximize a rideshare driver’s chances of receiving compensation for accident damages. They can also assist in minimizing the accident’s impact on your driving record.

Before working as an independent contractor for a rideshare company, drivers should make sure that their personal auto policies have as much coverage as possible to protect them when taking on paying customers. Look for personal automobile policies that provide gap insurance for rideshare driving. Some insurance carriers offer a personal extension that gives drivers the same coverage while doing rideshare work.

Another option is a hybrid insurance policy that can replace personal auto insurance with a rideshare-friendly plan. At minimum, make sure your insurance does not include language about excluding coverage if you work as a professional driver. If the insurance purchasing process is confusing, there are many resources online where you can compare insurance plans. Simply search for “insurance comparison rideshare drivers” and browse the information available in order to make an informed decision and protect yourself.

Disclaimer: No Legal Advice Intended

The contents of this Article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article, and the posting and viewing of the information on this website, should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation.  The information presented in this Article may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this Article and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.

Author: Blake Ledbetter is an Uber accident lawyer at Conoscienti & Ledbetter. Ledbetter possesses significant experience with Uber/Lyft accident lawsuits and a range of legal issues involving rideshare drivers and riders. Conoscienti & Ledbetter are a team of dynamic and engaging lawyers, with the ability to help on a wide-range of both civil and criminal legal issues.