Friday, February 19, 2010

Do Not Talk to Insurance Companies Without Seeking Advice of an Attorney First

February 1, 2009, at approximately 12:30 p.m. a Montgomery County high school student was killed when the driver of the vehicle he was in lost control of the car on Veirs Mill Road in Rockville. The 17 year old passenger, Thiago Andrade of Rockville was thrown from the 2003 Toyota Camry and pronounced dead at the scene. Another passenger in the vehicle was critically injured. The driver was trapped behind the wheel of the vehicle until an emergency crew arrived on the scene.

While Montgomery County police are still investigating the accident that had Veirs Mill Road closed for several hours it is alleged that the driver was speeding. Witnesses saw the car traveling eastbound on Veirs Mill Road and just before it reached Robindale Drive the car went down a grassy embankment and hit a tree, causing the car to split in half. Both sections of the vehicle continued in different directions down the hill, landing in the Rock Creek apartment complex, damaging one other vehicle.

The passengers in this vehicle, and/or their family have the right to make a claim for their bodily injuries or wrongful death against the driver's insurance. Depending on the driver's policy and their own household coverage, they may have the right to other benefits and should seek the advice of an attorney to ensure full compensation for said injuries or wrongful death benefits. Under no circumstances should they speak to the insurance carrier before consulting an attorney. Even passengers can jeopardize their rights by talking to an insurance adjuster. For example, if the driver of the vehicle was drinking and the passengers know this, their claim could arguably be barred by the doctrine of "assumption of risk."

If you, a family member, or someone you know has been injured in a car accident or you would like more information on car accidents, please contact Portner & Shure for a free consultation.

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