Bliven Law Firm, P.C.

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Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

Month: May 2016

REPRESENTING THE INNOCENT INJURED – NOT THE INSURANCE COMPANIES AND MAYHEM

When your or a family member has been injured in a car wreck because someone else was negligent or worse – criminally reckless like a drunk driver – having a skilled, experienced, dedicated and caring attorney is key. Having a Montana accident injury attorney and law firm – a solid team – that only advocates for you and folks like you, and not the other side on the other days of the week, is also critically important. Getting in a car wreck in Montana, caused by someone acting like an idiot – can cause all kind of mayhem in your life – medical expenses, lost earnings, inability to engage in activities you enjoy, pain, not being able to sleep at night; it can get downright depressing. Yes, I have been through it as the injured person in the car wreck, the victim of negligence and the insurance company and their profit motives. My experience with the people from the company that advertises about their “good hands” and what happens with the mayhem – has helped make me the advocate for the injured and an attorney dedicated to fight those folks every day. We don’t work from the insurance companies and their minions – only the injured folks. Even before I was injured in a car wreck, and then had to hire my own personal injury attorney to deal with the insurance company, I knew the auto insurance companies were not all they claimed to be. My experience in reality was more bitter and educational than I would have liked, as the insurer denied responsibility, and I was compelled ultimately to file suit and proceed with litigation to get justice. However, once you have been run through the insurance company grist mill as they grind up injured people to increase their profits with the delay, deny, defend tactics – it becomes clear that many insurers are at war with the injured in order to increase profits.

The battle rages against justice by many of the big insurance companies, not just in each claim, but at the Legislature and in the courts. Insurance companies have lobbyists writing legislation to make it easier for them to make more money, deprive the injured of just compensation, and the benefit of the bargain in their insurance contracts. The Montana Supreme Court has to decided cases frequently to interpret the laws passed at the Legislature regarding auto insurance carriers. These insurer lobbyist created bills passed by the Legislature, including anti-stacking legislation, are designed to help the insurance companies make more money by paying less on claims. You will probably recognize the names of the insurance companies in these cases. We don’t take cases from the insurance companies to defend the wrong doers – just the injured people. We don’t defend the insurance companies. However, many of these lawyers that work for the insurance companies actually file lawsuits against the injured people. This is called a Declaratory Judgment action – where your own insurance company sues you. Can you believe it? You suffer a devastating injury in a motor vehicle wreck, or you get run over – literally – and your insurance company sues YOU! Yes, insurance companies can and do file lawsuits against their own insured customers to ask the Court to declare that they are not underinsured or are not covered! This is called a Declaratory Judgment action, and I have seen insurance companies sue injured folks – to ask the Court to declare there is no coverage. Can you imagine that – you get hurt and make a claim to recover for your losses under your policy, and the insurance company adds insult to injury by suing YOU. They do this so that they can not only deny payment, but to try to get the upper hand in the litigation they fight against you to try to prevent you getting the benefit of your insurance policy (that they wrote). We only represent the injured person and their family – not the insurance company. This sets us apart from some other local and Montana law firms that advertise on the internet to represent you in injury claims.

Experienced and skilled attorneys that represent (only) injured person – and who do not represent the insurance companies and defend them on the other days of the week and hours of the day – can help get your the results and fair treatment you deserve and have a dedication and commitment that cannot be matched by the fair weather injury attorneys. We identify with your concerns and problems, not those of the claims adjusters and the insurance companies that hire defense attorneys. When it comes the insurance companies and personal injury battles, an injured person is best served by an attorney that does not have a conflict of conscience about going after the insurance companies and holding them accountable. Consumers need a lawyer that works for consumers every day, not the insurance companies half the week and then represents the “other side” – the consumers and victims of the insurance companies on the other days.

At Bliven Law Firm, P.C., Kalispell Montana, we do not have divided loyalties, or conflicts regarding who we represent – we only represent the injured, sick, and the disabled. We represent consumers – not the insurance companies – or their customers that cause the wreck and hurt innocent people. Unlike some of our “competitors” who advertise for injury cases from consumers on attorney websites and lawyer websites to represent the injured – but also or usually take work from the insurance companies (and sometimes even advertise their experience working for the insurance companies as being useful experience) – we don’t work for insurance companies – ever. We find that to be contrary to our mission, which is to represent and assist innocent victims of motor vehicle wrecks, and other injuries caused by the negligence and bad acts of others. Can you imagine Darth Vader getting in a X-wing fighter and getting in formation to help Luke Skywalker attack the ‘Death Star’ known as Big Insurance Company? Sounds ridiculous doesn’t it? In our opinion, lawyers that help insurance companies deprive injured folks of just compensation and defend the insurance companies (and or those who cause the injuries one day), and then say they are going to go all out for injured party in a different case are just as ridiculous. Make no mistake, insurance is big, big business in the United States, and the insurance companies have huge profits at stake – even in claims in Montana.

When injured because of someone else’s negligence, we urge you to hire a Trial Lawyer, not an insurance DEFENSE trial lawyer that works for insurance companies. Before you call an attorney about your injury case to get help, check out their website, phone book ad or other media presence to find out whether they believe in helping innocent victims of injuries, that they actually believe you should obtain just and fair compensation, as all injury victims should receive. If they do insurance defense work, we submit such lawyers are not the best choice to represent you and care for your needs when you are injured and suffer loss.

MONTANA AUTO INSURANCE COVERAGE – CRITICAL FACTS TV ADS DON’T TELL YOU

Television advertising for auto insurance is so frequent that it would be helpful if it contained more useful and helpful information. While saving you money is so frequently the theme, some commercials actually do talk about getting the right coverage, sometimes even discussing the help of an agent. How many of those ads discuss the need for good uninsured motorist coverage or underinsured motorist coverage? When was the last time you saw a commercial that discussed the need for underinsured motorist coverage? Have you ever seen one? When was the last ad you saw that talked about medical payments coverage? Again, have you ever seen one? Why is this?

Uninsured motorist coverage, and underinsured motorist coverage are some of the most critical coverage a person can buy to protect their family, but it appears to be neglected in the advertising. It certainly appears that it not popular enough with customers or a big enough concern among consumers that the insurance companies find it worthy to advertise on the subject. Montana is a state with a small enough population, that the big companies do not seem to be worried about reaching out to Montana consumers in their ad campaigns, or even particularly concerned about running afoul of our law when it comes to advertising. Our Unfair Claims Practices statute – Montana Code Annotated 33-18-201 – as interpreted by the Montana Supreme Court – places burdens on insurers to make an effort to live up the advertising

http://leg.mt.gov/bills/mca/33/18/33-18-201.htm

33-18-201. Unfair claim settlement practices prohibited. A person may not, with such frequency as to indicate a general business practice, do any of the following:

(8) attempt to settle a claim for less than the amount to which a reasonable person would have believed the person was entitled by reference to written or printed advertising material accompanying or made part of an application

If you insurance company has not lived up to its advertising in how it has addressed or handled your injury claim (or your family) arising from a motor vehicle wreck, contacting a Montana attorney that emphasis personal injury law, notably insurance and motor vehicle injury cases is the right decision.

The time to find out that you do not have enough of the right kind of auto insurance is not after having a wreck where you or your family are injured because of the negligence or reckless conduct of an uninsured, or underinsured, drunk driver. Insurance coverage has to be in place before the crash, wreck or other loss. If you are injured in a car wreck and find out that the at fault driver has no insurance, or simply not enough to address the medical expenses and lost wages, much less other damages, it is like being injured all over again. As the Montana Supreme Court so eloquently stated in the Ridley decision:

One of the most significant obligations that innocent victims of automobile accidents incur and for which mandatory liability insurance laws were enacted, is the obligation to pay the costs of medical treatment. If the insurer has no obligation to pay those expenses in a timely fashion, even though liability is reasonably clear, then the protection provided by Montana’s mandatory liability laws would be of little value.

Medical expenses from even minor injuries can be devastating to a family of average income. The inability to pay them can damage credit and, as alleged in this case, sometimes preclude adequate treatment and recovery from the very injuries caused. Just as importantly, the financial stress of being unable to pay medical expenses can lead to the ill-advised settlement of other legitimate claims in order to secure a benefit to which an innocent victim of an automobile accident is clearly entitled. We conclude that this is not what was intended by the Montana Legislature when mandatory liability insurance laws and unfair claims practice laws were enacted.

Ridley v. Guaranty National Insurance Company, 951 P.2d 987 (Mont. 1997)

– See more at: http://caselaw.findlaw.com/mt-supreme-court/1453789.html#sthash.Doyr5aOV.dpuf

However, many people believe that they have “full coverage” and will have enough insurance for the loss. When folks come into the office after a car wreck and tell us they have “full coverage” the prudent response on our part is to ask them if they have a copy of the declaration sheet, the “dec page” that shows the coverages. While having collision and comprehensive coverage can be helpful and are certainly advisable on most policies – the bodily injury limits, medical payments coverage, uninsured motorist coverage, and underinsured motorist coverage ultimately often have more to do with a good outcome. This is because the ability to pay medical bills and recover for lost earnings are far more important in the longer term – and often the short term – than the coverage to pay to have a vehicle repaired.

If your agent did not properly advise you about under-insured or uninsured motorist coverage, did your agent live up to the advertising of the insurance company? Some large insurers run advertising, and have run advertising touting how helpful an agent is and the company is at making sure you the right coverage. They advertise that agents can help make sure you don’t have gaps in coverage or not enough coverage. If you suffered a loss and your agent did not do so, or if the insurance company changed your coverage without your permission or knowledge, contact us. We seek to hold insurers accountable and live up to their promises in their advertising to their insureds, the customers that pay the premiums.