A legal seminar for the layperson















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Did you know:

Field Sobriety Tests are NOT mandatory.You can, and in most cases should, decline to perform these experiment on your own You MUST exit your vehicle when told to do so bythe police officer. You must also pro- vide the officer with yOur driver's license But YOU don't have to dd Field Tests. BE POLITE,but firm, and if the police officer arrests YOU, submit to his o her authority.

Auto Accident's:

You're driving down the road, mind-ing your own business and obeying the speed limit, when suddenly and without warning, someone pulls right out in front of you. You slam on the brakes but it's too late. Even though you'rewearing a seat belt, you sustain serious injuries to your face, neck, and your leftarm, leg and foot. You are transportedto the local hospital by ambulance, spend the night and miss two weeks ofwork. Your doctor, in addition to other treatment and medicine, prescribes two courses of physical therapy. Your car is demolished; your eyeglasses cracked and a camera which was lying on thefront seat is broken. How do you recover for your damages and expenses?

It is complicated!

First, you can file a claim with your own auto insurance company under your Personal Injury Protection, or "PIP" coverage. You may claim lost wages and medical expenses up to the limits of your coverage, usually $2,500.00. This is "no fault" insurance and your insurance carrier may not increase your premium because you filed crease your premium because you filed the claim. Your claim under this cover age usually must be filed within one (l) year ofthe accident. There is no right have to PIP Field of "subrogation" by your PIP carrier. " Subrogation" means that an insurer is entitled to be reimbursed for its payments from any recovery you may receive from a third party, for example, the at fault driver's insurance company. Second, you can file a claim with your health and accident insurance carrier. As with an illness this insurance may cover doctors' fees, treatments, prescriptions and other medical essentials, depending on your particular health insurance. Unlike PIP coverage, health and accident insurers are allowed to "subrogate," that is, they can demand reimbursement for the payments they made on your behalf. Reimbursement usually is collected from the amount you recover from the at fault driver's insurance company. Their subrogation notice will be sent to you directly and should be kept in a safe place or provided to yourattorney. If you fail to alert your insurer to any recovery and do not reimburse them, they may take legal action against you. Third, you may file a claim with the at-fault driver's insurance carrier. This procedure involves dealing with a "claims adjuster" who will consider any bodily injuries and property damages you suffered. Sometimes, the bodily injury and property damage losses will be handled by different adjusters, so you should be prepared to deal with more than one person. Claims adjusters are experienced and skilled people who have received specialized training in handling these matters. Insurance carriers have developed sophisticated computer models which limit how much treatment a particular injury needs (in their opinion), so you must be prepared to justify any ex pense which goes beyond · Ride the Bus what the adjuster thinks is "reasonable." For example, many carriers are reluctant to pay for physical therapy pay for physical therapy. Which lasts more than six weeks after the accident. As with any legal claim, you may not be able to reach an agreement. Your only recourse then is to file suit against the at fault driver or, in some cases, against an insurance car

JUST SAY NO!!!!

The Fourth Amendment protects us from unreasonable searches. It applies with equal force to homes, cars and our clothing and bodies. For example, if the police stop you on the highway, before your car can be searched against your will, the police must have "probable cause." Probable cause is not needed if you "consent," or agree to, the search. Any of your possessions, your car and your home can be searched with no cause at all searched without any cause at all if you agree to it. You can be you agree to it. Every citizen should understand they have the absolute right to refuse to consent to a search. There is no requirement that you agree to a search. If you refuse to consent to a search, the police may not use that as a factor in deciding whether to defain you, arrest you, charge you or search anyway.

It should be clear, however, that a person may not forcibly resist a valid search. As explained above, if the police have probable cause to search they do not need your permission. If they ask for your permission, however, you may refuse it, and should refuse it. Be prepared to deal with the consequences of your decision to deny the police consent to search your person, your containers, your car or your home. The officer will not be happy. There will be an implied or express message that "you will be in big trouble" if you do not cooperate." On the other hand, there will be a "Subtle message that if you consent to the search, things will go well for you. Wrong! Be firm but be polite. Stand your ground and stand on your rights. Do not give consent. Finally, the police will probably ignore your objection and search anyway. Do Not Interfere. Continue to be polite and respectful, but make it clear that the search is being conducted over your objection.

The material in this publication is not intended as legal advice, butf merely to inform. It cannot be a Substitute for the advice of a lawyer.