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How to know if an insurance company is acting in bad faith

Posted on Friday, January 27th, 2017   

While it can be impossible to know when your insurance company is being deceptive until you actually have to file a claim, you can look for the common signs of an insurance company that refuses to honor your policy. Bad faith practices can include:

Making multiple demands for documentation

An investigation is delayed for no valid reason

A settlement is offered too quickly

An insurer pressures you into accepting a settlement by insisting it’s the “best offer you will get”

An insurer is hard to reach or doesn’t communicate with you often

An insurer doesn’t acknowledge evidence you’ve submitted

You have a valid claim and it is denied

Your policy is unexpectedly cancelled

Dealing with insurance company disputes can be a major headache in the aftermath of an accident. If you suspect your insurance company is being deceptive, reach out to the legal team at Pohl & Berk, LLP for support in your case. Our adept insurance claims lawyers can help you obtain the coverage you deserve. Call our Tennessee offices at (615) 277-2765 to discuss your case in more detail.


Honda recalls 600K Odyssey minivans

Posted on Monday, January 2nd, 2017   

Automobile manufacturer Honda Motor Co. issued a recall for 633,753 of its Odyssey minivans with models ranging from 2011 to 2016 because the seats in the second row of the vehicle are prone to move at unexpected times.

The Odyssey vehicles included in the recall were manufactured between August 1, 2010 and October 1, 2015. According to Honda, the release lever for the vehicles cannot be locked, which means the seats might move unexpectedly. Apparently, the problem was identified via a warranty claim report, Honda added. There have yet to be reports of injuries or fatalities due to the malfunction. The National Highway Traffic Safety Administration posted a story about the recall on its website on Thursday, December 29.

If a personal injury accident in Nashville or another area of Tennessee has caused you harm, it is often possible to obtain financial compensation when you seek the legal aid of our attorneys at Pohl & Berk, LLP. Speak with a qualified member of our legal team by calling our offices today at (615) 277-2765.


Fiat Chrysler vehicles under investigation for roll-away accidents

Posted on Wednesday, December 28th, 2016   

Earlier this month, the NHTSA began a new investigation into the electronic rotary gear shifters in Fiat Chrysler vehicles. The shifters can be found in more than one million vehicles and may have a flawed design. There have been numerous reports of cars rolling away after their drivers exited the vehicle when they believed the vehicle to be in park. In many cases, the car rolled away even when the gear was set to park.

The error is to blame in more than 25 accidents and nine injuries. Star Trek actor Anton Yelchin was killed after his 2015 Jeep Cherokee rolled backwards and pinned him to a pole in his driveway. The electronic gear shifters in question don’t actually change the gears themselves, but instead send a signal to the car to change the gear for you. This method is unlike traditional shifters, which mechanically change a gear’s configuration to the desired function. The technology has been found confusing in the past, and now there is a chance that some units are defective as well. Many people have reported their new cars are not registering being in park, despite the shifter indicating it is.

These electronic gear shifters debuted in 2013 and are used in many vehicle makes, including models from:

  • Dodge
  • Chrysler
  • Jeep
  • Jaguar
  • Land Rover

Hundreds of thousands of vehicles that use these shifters have been recalled, and this is not the first time the NHTSA has launched an investigation into them. Cars with this issue were also recalled in April of this year. Fiat Chrysler’s response has been to incorporate a failsafe, meaning some cars will automatically activate the parking brake if a door is opened while the engine is running. In some cases, they’ve tried to issue software patches to achieve the same effect.

Nevertheless, these so-called roll-away accidents remain a persistent problem that will need to be addressed. Until the results of the NHTSA investigation are released, the causes of the issues may remain unclear. The one thing that is clear is that until that point, these electronic gear shifters pose a real danger. If have been hurt because your car rolled away on its own and you believe that a faulty gear mechanism is responsible for your injury, contact the Tennessee defective car shifter attorneys of Pohl & Berk, LLP. We can help you determine the liability in your case and whether or not you are eligible for compensation. Call us at (615) 277-2765 to learn more.


Families of children killed in school bus accident limited to $750,000 or less

Posted on Saturday, December 10th, 2016   

Under the state law of Tennessee, families of the children who died in a school bus accident on Monday, November 21 can receive no more than $750,000 from the defendants. Unfortunately, 2011 amendments made to Tennessee’s tort reform law capped payouts in personal injury lawsuits against doctors and other businesses at $750,000.

That means this law is bad news for family members who will sue Warrenville-based school bus operator Durham School Services and the bus driver, Johnthony Walker, who lost control and crashed the bus into a utility pole and tree. The accident led to the death of six children, whose families can receive only that amount or less, even though the lives of children were at stake.

If you are faced with a debilitating injury due to a personal injury accident in Nashville or another area in Tennessee, enlist the legal services of our attorneys at Pohl & Berk, LLP. Call our offices today at (615) 277-2765 so we can help you file the appropriate lawsuit against the people responsible for your plight.


How existing Tennessee laws can be applied to latest bus accident

Posted on Saturday, December 3rd, 2016   

After a fatal bus accident in Tennessee, bus driver John Walker is facing five counts of vehicular homicide, reckless endangerment, and reckless driving.

In Tennessee, vehicular homicide is the reckless killing while driving an automobile resulting from conduct creating a substantial risk of death or serious bodily injury to a person. Vehicular homicide is classified as a Class C felony, which carries with it a sentence of three to 15 years of imprisonment. However, if a driver has prior convictions for driving under the influence or vehicular assault, or if one has a BAC of .20%, the charge may increase to a Class A felony. This upgrade increases the potential sentence to a minimum of 15 years and a maximum of 60 years of imprisonment. Walker is also facing reckless endangerment charges, which constitutes reckless conduct that places or has the potential to place other people in imminent danger of death or serious bodily injury.

If you are hurt in a personal injury accident that occurred in Nashville or another area of Tennessee, press charges against the people responsible for your plight. Call our offices today at (615) 277-2765 to get the help of our attorneys at Pohl & Berk, LLP.


Amazon sued over hoverboard explosion that resulted in house fire

Posted on Saturday, November 5th, 2016   

Brian and Megan Fox, who are residents of Nashville, Tennessee, filed a lawsuit against Amazon after the hoverboard they purchased through the website in November 2015 exploded and caught fire. The board they bought as a Christmas present for their children burned down their $1 million house and injured three of their family members on January 9, 2016.

According to the recently filed lawsuit, the fire “completely destroyed the plaintiffs’ house and virtually all of their personal belongings in a matter of minutes,” and severely injured their 16-year-old daughter and 14-year-old son. The Fox family also claimed the hoverboard’s lithium battery package was not originally manufactured by Samsung as represented on Amazon’s website. Rather, the hoverboard was a counterfeit product from China.

Our attorneys at Pohl & Berk, LLP provide legal services for our clients in Nashville and other areas of Tennessee. We handle personal injury accident cases such as product liability and premises liability, among others. Contact us at (615) 277-2765 to find out more about what we can do for you.


Woman charged for hit and run at Morristown bus stop

Posted on Friday, October 28th, 2016   

The Morristown Police Department said last Wednesday, October 26 that they arrested Heather Williams for hitting John Paul Wayne Taylor, 6, as he was getting off the school bus. The incident occurred last Monday, October 24 around 6:05 p.m. at Lincoln Avenue near Kennedy Center.

According to preliminary investigations, Taylor walked around his stopped school bus after getting off when Williams struck him and left the scene of the accident. Taylor went to Morristown Hamblen Hospital for treatment of his injuries of an unknown nature and was back to attending Lincoln Elementary School after four days. Police investigators said Williams admitted she was texting while driving at the time of the incident. She is currently detained at the Hamblen County Jail and was assigned a $70,000 bond.

If you are facing an injury or disability after a personal injury accident caused by the negligent actions of other people in Nashville, seek the legal assistance of our attorneys at Pohl & Berk, LLP by calling our offices today at (615) 277-2765.


Nashville woman sues Apple for burns from iPhone 6

Posted on Monday, October 17th, 2016   

Nashville resident Stacie Reasonover sued Apple Inc. during the third week of October after Reasonover claimed that her overheating iPhone 6 caused injuries to her right breast.

The lawsuit was filed in the Tennessee Middle District Court in Nashville with Judge Todd Campbell presiding. In her lawsuit, Reasonover said she wants to be compensated for “loss of wages and/or earning capacity” because of the scarring due to her overheating iPhone 6. Reasonover said in her lawsuit that Apple’s iPhone 6 contained a product design defect that made it unreasonably dangerous.

It is the responsibility of manufacturers to ensure that the products they put on the market are safe for public use so they are guaranteed not to cause personal injury accidents. However, if the product you purchased does not adhere to these standards and you were injured because of it, you can hire the legal services of our attorneys at Pohl & Berk, LLP in Nashville by calling our offices today at (615) 277-2765.


Multi-state lawsuits filed against Fiat Chrysler for defective Jeep gear shifts

Posted on Monday, October 10th, 2016   

Five class action lawsuits and two individual personal injury lawsuits were filed across seven states in response to a National Highway Transportation Safety Administration investigation into Fiat Chrysler Automobiles’ Jeep Grand Cherokee’s gear shifters.

Among these plaintiffs are Victor and Irina Yelchin, parents of film and television actor Anton Yelchin, who died on June 19, 2016 in Los Angeles after his Jeep rolled backwards and pinned him against a gate. The incident instantly killed him. The lawsuit was filed in a California state court to be consolidated with the other suits.

According to Judge Sarah Vance, “The actions share complex factual questions arising out of allegations that the monostable electronic gearshift installed in certain vehicles manufactured by FCA US LLC is defective and unreasonably dangerous in that it allegedly fails to provide the driver with an adequate indication of whether the vehicle is in the ‘park’ position and lacks a safety override function that would place the vehicle in ‘park’ automatically when a driver exits the vehicle while it is in another gear.”

If you plan to file a personal injury claim against other drivers, call our attorneys at Pohl & Berk, LLP by dialing (615) 277-2765. We can help you receive compensation from those who should take direct responsibility for what caused your personal injury accident in Nashville.


Motorcycle-SUV collision hurts one

Posted on Friday, September 23rd, 2016   

A motorcycle and SUV collision that happened on South Church Street near Rutherford Boulevard in Murfreesboro in on Tuesday, September 20 resulted in one individual getting hurt.

According to preliminary investigations, both the motorcycle, which was driven by 27-year-old Shelbyville resident Eliel Guess, and the SUV, were traveling down South Church Street when they collided. Guess was taken to Vanderbilt Medical Center in Nashville to receive medical attention for his critical injuries. He was listed under stable condition on Thursday, September 22. No one else was hurt during the accident, which is still under investigation.

Our Tennessee personal injury lawyers at Pohl & Berk, LLP provide legal services for our clients in Nashville and other areas of Tennessee. We handle personal injury accident cases such as motorcycle accidents, car accidents, and rollover accidents, among others. Call our offices today at (615) 277-2765 to speak with a qualified member of our legal team about the details of your situation today.

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