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What to do During a DUI Stop

It's wise to believe that cops want what's best for you and your community, but it's also important to be aware of your rights. Police have a great deal of power - to take away our liberty and, in some instances, even our lives. If you are part of a criminal defense case or investigated for driving drunk, make sure you are protected by a good lawyer.

You May Not Need to Show ID

Many people don't know that they don't have to answer all police questions, even if they were driving. If they aren't driving, they may not have to show identification. These protections were put into the U.S. Constitution and affirmed by the courts. While it's usually best to be cooperative with cops, it's important to know that you have a right to not incriminate yourself.

Even good guys need lawyers. Whether or not you've done anything blameworthy like driving drunk or even speeding, you should take advantage of the protections available to you. Laws change on a regular basis, and disparate laws apply in different areas. Furthermore, laws often get changed during lawmaker meetings, and many courts are constantly deciding new cases that shape the law further.

Usually, Talking is OK

While there are times to stay mute in the face of legal action, remember the truth that most cops just want to help and would rather not take you out. Refusing to cooperate could cause trouble and endanger the neighborhood. This is another explanation for why it's best to hire the best criminal defense attorney, such as auto accident lawyer Marietta GA is wise. Your lawyer can tell you when you should give information and when to keep quiet.

Cops Can't Always Do Searches Legally

Unless the police have probable cause that you you are a criminal, they can't search your house or your car without permission. However, if you start talking, leave evidence lying around, or submit to a search, any knowledge collected could be used against you in trial. It's usually good to deny permission.

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The Things You Need to Know About Subrogation

Subrogation is a term that's well-known among insurance and legal firms but rarely by the customers who hire them. If this term has come up when dealing with your insurance agent or a legal proceeding, it would be to your advantage to know the steps of how it works. The more knowledgeable you are, the more likely it is that an insurance lawsuit will work out favorably.

Any insurance policy you own is an assurance that, if something bad occurs, the business that covers the policy will make good in one way or another in a timely manner. If you get an injury on the job, for example, your employer's workers compensation picks up the tab for medical services. Employment lawyers handle the details; you just get fixed up.

But since ascertaining who is financially accountable for services or repairs is typically a tedious, lengthy affair – and time spent waiting sometimes increases the damage to the victim – insurance companies often decide to pay up front and assign blame afterward. They then need a path to get back the costs if, when there is time to look at all the facts, they weren't actually responsible for the expense.

Let's Look at an Example

You go to the hospital with a gouged finger. You hand the nurse your medical insurance card and she takes down your coverage details. You get stitches and your insurance company is billed for the tab. But on the following day, when you clock in at work – where the injury happened – you are given workers compensation paperwork to turn in. Your company's workers comp policy is in fact responsible for the costs, not your medical insurance policy. The latter has an interest in recovering its costs in some way.

How Does Subrogation Work?

This is where subrogation comes in. It is the method that an insurance company uses to claim reimbursement after it has paid for something that should have been paid by some other entity. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Usually, only you can sue for damages to your self or property. But under subrogation law, your insurance company is considered to have some of your rights for having taken care of the damages. It can go after the money originally due to you, because it has covered the amount already.

How Does This Affect Me?

For a start, if you have a deductible, it wasn't just your insurance company that had to pay. In a $10,000 accident with a $1,000 deductible, you lost some money too – to the tune of $1,000. If your insurer is timid on any subrogation case it might not win, it might opt to get back its expenses by raising your premiums. On the other hand, if it has a proficient legal team and goes after those cases aggressively, it is doing you a favor as well as itself. If all is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found one-half to blame), you'll typically get half your deductible back, depending on the laws in your state.

Additionally, if the total cost of an accident is more than your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as criminal defense lawyer Hillsboro OR, successfully press a subrogation case, it will recover your losses in addition to its own.

All insurance agencies are not created equal. When comparing, it's worth looking at the reputations of competing companies to determine whether they pursue winnable subrogation claims; if they resolve those claims without dragging their feet; if they keep their customers apprised as the case goes on; and if they then process successfully won reimbursements right away so that you can get your money back and move on with your life. If, instead, an insurer has a record of paying out claims that aren't its responsibility and then protecting its profit margin by raising your premiums, even attractive rates won't outweigh the eventual headache.

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Subrogation and How It Affects You

Subrogation is a term that's understood in legal and insurance circles but often not by the people they represent. If this term has come up when dealing with your insurance agent or a legal proceeding, it would be to your advantage to understand the steps of how it works. The more you know, the more likely it is that relevant proceedings will work out favorably.

An insurance policy you have is a commitment that, if something bad happens to you, the insurer of the policy will make good without unreasonable delay. If your vehicle is hit, insurance adjusters (and the courts, when necessary) decide who was at fault and that person's insurance pays out.

But since ascertaining who is financially responsible for services or repairs is often a time-consuming affair – and delay in some cases compounds the damage to the victim – insurance companies usually decide to pay up front and figure out the blame afterward. They then need a mechanism to recoup the costs if, when all the facts are laid out, they weren't actually responsible for the expense.

For Example

You arrive at the emergency room with a deeply cut finger. You hand the receptionist your health insurance card and she takes down your coverage information. You get stitches and your insurer is billed for the services. But the next afternoon, when you clock in at work – where the injury occurred – you are given workers compensation forms to turn in. Your workers comp policy is actually responsible for the costs, not your health insurance. It has a vested interest in getting that money back somehow.

How Does Subrogation Work?

This is where subrogation comes in. It is the process that an insurance company uses to claim reimbursement when it pays out a claim that turned out not to be its responsibility. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Ordinarily, only you can sue for damages done to your person or property. But under subrogation law, your insurer is considered to have some of your rights for having taken care of the damages. It can go after the money that was originally due to you, because it has covered the amount already.

How Does This Affect the Insured?

For one thing, if your insurance policy stipulated a deductible, your insurer wasn't the only one that had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – namely, $1,000. If your insurance company is timid on any subrogation case it might not win, it might opt to get back its losses by upping your premiums. On the other hand, if it has a proficient legal team and goes after those cases enthusiastically, it is acting both in its own interests and in yours. If all $10,000 is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found 50 percent accountable), you'll typically get $500 back, depending on the laws in your state.

Additionally, if the total expense of an accident is more than your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as auto accident attorneys Columbus GA, successfully press a subrogation case, it will recover your costs in addition to its own.

All insurers are not created equal. When comparing, it's worth scrutinizing the records of competing firms to evaluate if they pursue valid subrogation claims; if they resolve those claims without dragging their feet; if they keep their customers informed as the case proceeds; and if they then process successfully won reimbursements quickly so that you can get your funding back and move on with your life. If, on the other hand, an insurance agency has a record of paying out claims that aren't its responsibility and then covering its bottom line by raising your premiums, you should keep looking.

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