In my opinion, the most valuable part of any auto insurance policy is Uninsured Motorist! Time and time again, I have represented clients in auto accidents and we find out the other party either did not have insurance or did not have ENOUGH insurance. The Uninsured/Underinsured Motorist policy becomes critically important when that happens. Check your insurance policy and make sure you are properly protected. A good insurance agent can explain the differences in coverage but you need to make sure you ask about UM Coverage. It’s one of the single most important insurance coverage plans you can have. You will be glad you have it when you get hit by an uninsured motorist or underinsured motorist.
1) If your vehicle sustained damages, take plenty of photos of the damage to your car and the other car – if you can. Many cell phones have cameras, or if you don’t have any kind of camera, have a friend or family member buy a cheap camera from a nearby store and take as many photos of the scene and the vehicles as you can. If you call them from the scene, ask them to bring a digital camera with them.
2) If you have visible injuries (bruises, scrapes, cuts, etc), have a friend or family member take photos of those injuries ASAP! You can talk to people about your injuries all day, but showing them photos is an entirely different story! 3) Be civil at the scene of the accident. There is no need to fly off the handle. Things you say and do at the accident scene often come back to haunt you. Don’t apologize for the accident unless you are 100% sure you are at fault. 4) The insurance company for the other party will likely want to take your statement by phone or otherwise. You are under no obligation to do so. In my experience, there is very little (or nothing) to be gained from giving a statement. At least talk to a lawyer first. The insurance company representative will often act interested in your case, sympathetic, etc…but in my experience, they are usually trying to “box” you into a story so you can’t argue otherwise in the future. For example, they will ask, “How do you feel?” Then you will say, “Well, considering all that happened, I feel OK.” Then a few days later when you can’t move due to sore muscles, or worse, you may decide to file a claim. They will say, “Well, we took your statement the day after the accident, and you said you feel “OK” so we don’t understand why you’re changing your story!” 5) Finally, if you were injured in the accident (or even if you’re not sure!), by all means seek medical help (at least an exam) as soon as possible. Most people try to “tough it out” or “see how they feel” before deciding to see a doctor. One of the biggest reasons personal injury claims fail, or get short-changed, is because the individual waited too long before seeking medical attention. How long is too long? In my experience, insurance companies will give you a very hard time and discount (or even deny) any injury claim if you wait longer than one week. Remember your actions speak louder than words. If you don’t have health insurance, there are other ways to get medical treatment. Some of my clients are “reluctant” to bring any kind of lawsuit. They come to my office for a consultation and explain, “Look, I don’t want to cause any kind of trouble. I even feel funny about coming to you.”
First of all, if you’ve been involved in a serious car accident, there is nothing to feel funny about. If someone was negligent and caused you injury, you don’t need to be super-polite to your own detriment. There is nothing to be ashamed of…if you were injured, you deserve compensation. However, it is natural to sometimes feel that way. An experienced personal injury attorney is not about revenge or “sticking it” to anyone! A good lawyer is honest and works for people to secure what law allows when clients have been injured by someone else’s carelessness. Remember it is what the law allows! We are working within the system. The system was designed to protect victims. Most personal injury lawyers work hard to make their clients happy and to recover as much as they can for them. Of course, a good lawyer will also set realistic expectations. They should not promise you the moon just to get your case. I once had a client who didn’t “want to sue anybody!” It was basically “against his religion” to bring any kind of claim against anyone. Truthfully, that is pretty noble versus some folks who want to sue everyone all the time. Unfortunately, he had fallen due to the negligence of another, and he re-tore his rotator cuff as a result. Now he had a serious rotator cuff injury. Well, now he is facing surgery as a result of this incident, and his shoulder is causing him tremendous pain on a daily basis. He was supposed to be enjoying his retirement but now he is in great pain every day. Because he tried to “tough it out” and didn’t want to “bother anyone” with a claim, he made no mention of the accident to his doctors. Now the insurance company for the guilty party is denying the claim, arguing the accident never happened because my client did not mention it to his doctors. Truth is my client was “old school” and didn’t want to report his injury claim because he didn’t want to be “a bother.” He was a really nice fellow who didn’t want to take advantage of the system. However, the system isn’t fair and he should be compensated! If you have an accident, don’t be ashamed to bring a claim. That is why responsible people carry insurance – to compensate those they inadvertently injure! That’s exactly why you should bring a claim if you have an honest injury. Keep in mind you are not “suing” anyone immediately anyway. Most of the time, your case will be settled during the pre-litigation phase, well before any lawsuit has been filed. Some clients have the wrong idea. They believe the personal injury case is like winning the lottery. They believe there is no possible downside. While it is true, a lawyer usually doesn’t take a “fee” unless there is a recovery, there are COSTS that cannot be ignored. You MAY be on the hook for those costs if things don’t all work out in the best possible manner.
Here is an example: When I used to work as a defense lawyer for the insurance companies, we would often make offers on cases. In one case I remember vividly, plaintiff Vivian was offered $3500 prior to trial. It was a “take it or leave it” offer that she declined. Without getting into all the legal mumbo jumbo about this offer, she ended up owing the defense thousands of dollars because a jury ended up awarding her less than the $3500 we had offered. Some lawyers fail to inform their clients of this harsh reality. The defense can technically make you an offer, and if you reject the offer, you MAY be on the hook for their costs in defending the case. I have simplified the process for purposes of this article but the point remains – If you’ve been involved in a car accident or other injury case, you need to understand that you haven’t won the lottery. You are entitled to reasonable compensation – economic and non-economic if the situation warrants it. However, don’t listen to lawyers who promise you millions of dollars only to get you to sign up with them. They are usually afraid to tell you how these lawsuits really work. They need to advise you of the pros AND cons of proceeding with your case. I have too many years of experience handling these kinds of cases. I’ve learned that you MUST be candid with your clients. They really need to know what they are getting into and what the potential upsides and downsides might be. If you want a candid and realistic approach to your personal injury case, please feel free to contact me for a free personal injury consultation. If you want some lawyer to promise you the moon, then I suggest you continue your search for a personal injury lawyer. I will always be realistic and candid with you. I will make you aware of all the fees and costs. My clients appreciate that. I’ve lived in Santa Clarita since 1997. At that point, I had worked for a major insurance company for nearly 6 years. My job was to be a defense lawyer, to protect those insured with the insurance company. After doing that for many years, I started to see what mistakes plaintiffs were making in their personal injury cases. Therefore, not that I represent plaintiffs injured in auto accidents and other injury cases, I provide you with this list of do’s and don’ts after a car accident.
1. Don’t wait too long before getting medical treatment (anything over one week is probably too long). 2. If you had a serious accident and the emergency personnel offer you an ambulance ride, take it! 3. Try to get the names of as many witnesses to the accident as you can. 4. Take pictures of ALL the vehicles involved in the accident from several different angles. Your pictures have to tell a story and must illustrate the extent of the damage! If you can’t take pictures, ask a friend or family member to do so. 5. Call the police if you think you might be injured. 6. Don’t admit fault at the accident scene if you’re not sure it was your fault. Don’t even say "I’m sorry this happened" or something similar as it could be construed as an admission of guilt. 7. Don’t overstate your injuries. Be honest and truthful! 8. If you go to the doctor for treatment, make sure you tell the doctor about ALL the areas of your body that hurt you. This is not the time to be shy. If it’s not in your medical records or chart notes, it basically doesn’t exist! If you don’t have health insurance, there are other ways to get medical treatment. 9. Don’t let a lawyer promise you the moon. A lawyer who doesn’t tell you about the potential downsides of your case is not a good lawyer. 10. Make sure your actions are consistent with your words. If your legs are hurt after an accident, don’t get caught running around town or doing aerobics at the gym. It generally won’t help you in the credibility department. 11. If you have visible injuries, take tons of pictures. If you don’t have any health insurance, you can still get medical treatment after a serious car accident. Some doctors are willing to work on something called a “lien” which means the doctor is willing to provide you with treatment so long as you promise to pay the doctor at the end of your case. Some adjusters and juries frown on this arrangement but in some cases, you may not have any better options.
Usually, your attorney will be involved because most doctors aren’t willing to make this arrangement unless you have a lawyer representing you. You will have to sign something called a “lien form” and your lawyer will also sign. Keep in mind, usually your doctor’s bills will be paid out of the settlement proceeds from the accident. However, it’s important to be mindful of your expenses nevertheless because you don’t want to dig a hole that’s too deep to get out of. For example, if you incur $10,000 in medical bills but the other party wasn’t insured or only had the minimum required insurance policy, then you may be in trouble. Also, keep in mind that in most cases, the doctors expect to be paid regardless of the outcome of your case. Therefore, if you lose the case or choose not to pursue it further for one reason or another, your doctor can technically force you to pay. Some doctors routinely take their personal injury patients to small claims court to recover on bills. Don’t be fooled that personal injury case only have an upside…that you can’t lose. A good lawyer should be able to guide you when it comes to these kinds of decisions. If you need an experience personal injury lawyer in the Santa Clarita, CA area, please call my office at (661) 414-7100 for a free consultation. In most cases, it’s better to act sooner than later. There are some occasions when handling your personal injury case on your own makes sense. If you are only handling a property damage claim, then you should handle matters on your own. A property damage claim is NOT a personal injury claim. If you were injured, but you had medical bills that are less than $2000, and no serious residual injuries, then you are probably better off without a lawyer. Also, if there is very little or no visible injury to your vehicle, it doesn’t make sense to get a lawyer involved. If the accident was your fault, then you certainly will not get a lawyer involved because a lawyer won’t get involved unless they are defending you.
If you did not get prompt medical treatment after your accident, then most lawyers will be unable to assist you because of the delay. Insurance companies view delays in treatment as a sign occurred. If you did seek medical attention but did not follow the instructions of the doctors and did not follow through with physical therapy recommendations, then a lawyer probably will not be able to help you. Generally speaking, if an accident was minor in nature and the personal injury was also minor in nature, then getting a lawyer involved doesn’t really make sense. All this being said, most personal injury attorneys will offer a free consultation. Go to somebody that you trust and ask them for a free half-hour review of your case. A good attorney will let you know what the pros and cons of your case are, and they should also let you know if you’d be better off without a lawyer. In some cases, if clients want to handle their case on their own with occasional guidance from me, we do offer that service on a flat fee basis for a certain period of time. If you don’t have health insurance, there are other ways to get medical treatment. After you open a claim with the opposing insurance company, they will more than likely send you a medical authorization for you to sign. They want to sign this document and return it to them so they can get all of your medical records for their review. Often, the authorization they send you is a broad and blanket authorization for medical records with no date limitations. That basically means, you are giving them your permission to get any and all medical records from any and all healthcare providers. Unfortunately, many insurance adjusters want nothing more than to go fishing through your medical records to find any reason at all they can deny the claim. They might find a similar injury over 10 years ago, and they will sink their teeth into it. For example, if you have any back injury in your history, they will use that against you if you are trying to claim back pain from the current accident. As always, there are exceptions to the rule, but in my experience, most insurance adjusters who send broad authorizations are seeking to go fishing for information.
I usually advise my clients to provide whatever information they want to provide. I don’t typically provide any previous medical records unless it is critical to the case. If you are claiming a significant personal injury from an accident, they may indeed insist on getting your previous medical records to ensure that you are not trying to pull the wool over their eyes. If you have a herniated disc from an accident for example, but you actually have a herniated disc from before the accident, that will be a significant issue in your case. However, by the same token, if your previous medical records are devoid of any mention of herniation, that might play in your favor. In short, I advise against signing anything the opposing party’s insurance company sends. There is nothing to be gained in most cases. You control what information you provide to them. Do not give them permission to fish through your past looking for a reason to deny your claim. When it comes to car accident cases, or other injury cases, there are times when involving an attorney doesn’t really add value to your case. When a client contacts my office, there are several things that I discuss with them. I would say at least 50% of the time, I tell the client they are better off without a lawyer. There are several factors that influence this advice.
First, if the property damage is not extensive, it is difficult to persuade a jury to give more than a few thousand dollars to the injured party. While the impact may seem huge to the client, it doesn’t matter what they think. All that matters is what an insurance adjuster or jury may think. If they have to squint to see the property damage, it’s going to be an uphill battle. If the dollar amount of the property damage estimate is low, people often think the impact was “minor." Second, simple soft tissue injuries are a tough sell. Remember that all that matters is what an insurance adjuster thinks – or what a jury thinks. Since September 11th, juries don’t really care much for plaintiffs who complain of ‘soft tissue’ injuries. Most average people have aches and pains. Everyone is having a tough time with something. Some have financial troubles, family issues, illness, etc. Folks simply don’t have patience for others who complain of aches and pains from car accidents. In my 18 years of practicing law, most were spent as a defense lawyer. I’ve handled dozens of trials, and I can only recall a handful of times when the jury awarded the plaintiff more than $3000 in a soft tissue injury case. In most cases, they awarded the plaintiffs a big fat zero! Finally, if medical treatment has been delayed or inconsistent, I am reluctant to handle the case – regardless of the injury in most cases. Insurance adjusters and juries see delays in treatment as a liability. If you delay or have serious gaps in medical treatment, then your actions beg the question: How bad could your injuries be? If you were really hurt, you would have been more proactive about your medical treatment! When clients call my office, I tell clients they might be better off without me, especially when you consider the typical one-third contingency fee in personal injury cases. If I know the recovery will be minor, why should I take 33% of the client’s potential recovery? That often leaves them in worse position. There are times when a client really needs help, even with a minor case. However, a good lawyer shouldn’t take every case that presents itself. It is our duty to tell clients of their options, and they can decide. However, there are times that I won’t take the case because it simply would be a disservice to the client. I just give them some advice and encourage them to get a second opinion. There are a lot of crooked people out there. Unfortunately, some of them are staging car accident for illegal profits.
There is an odd truth about automotive accidents, and that odd truth is that not all automotive accidents aren’t really “accidents “all of the time. Some of the time automotive accidents are fabricated productions where drivers can unknowingly and unwillingly be turned into actors in a terrible scene. According to the Federal Bureau of Investigation website, staged accidents cost insurance companies around $20 billion dollars a year. With economic times being the way they are, dishonest methods for increasing cash flow are definitely on the rise, as they normally are during uncertain periods. One of the most common staged scenes is the “swoop and squat” accident. WHAT IS A “SWOOP AND SQUAT”? In a typical swoop and squat setup, two conspirators drive through the streets looking for a lone driver to take advantage of. Normally the car driven by these conspirators is some old and beat up “junk” vehicle. They normally target city roads, with two lanes traveling in each direction, and minimal potential witnesses nearby. When the conspirators spot someone driving alone, with no eyewitnesses close by, they “swoop” in front of the victims vehicle and the “squat” hitting the brakes so that the victim rear ends their vehicle. Since these scams typically occur on city streets, usually the damage to each car is minimal and no serious injuries are sustained by the victim or the occupants of the perpetrating vehicle. What then happens next is what costs the insured and their insurance company lots of money in the long haul. The co-conspirators evacuate their vehicle and survey the damage to the rear end. They will typically be optimistic and estimate the damage to not be much, and report that they did not suffer any injury in the accident. So long as the victim does not claim to be injured, the conspirators suggest leaving police and insurance companies out the accident and remedying the situation themselves. They exchange contact information and say they will get an estimate for the cost of repairing their back bumper. WHAT HAPPENS AFTER THE “SWOOP AND SQUAT” A few days pass, and rather than an estimate from a body shop, the victim receives a phone call from an attorney representing the perpetrating driver who informs them that the damage sustained is much worse than they originally thought. Furthermore, he reports that both victims are now experiencing back pain consistent with “whiplash” symptoms and that both parties are now under the care of a chiropractor. At this point in time, the victim has no other choice but to involve their insurance company. Without any eyewitness accounts or a police report, which the conspirators suggested avoiding the victim is facing a hugely challenging situation. Without this crucial evidence, and essentially the leverage to beat the opposition, often times the victim will just assume to pay the cost of the medical care for the other driver and passenger, as well as the compensation for the pain and suffering rather than tying up the case in the legal process. The insurance company will then either raise the victim’s insurance rates for what they consider an “at-fault” accident, or could potentially cancel the policy all together. This is only one specific manifestation of a “swoop and squat”. These scenarios are not limited to just two cars and kept on city streets. They can often involve up to four cars, and occur in higher risk places such as highways or freeways. The scam networks that operate these scams can be huge, and the most elaborate schemes can involve corrupt attorneys, doctors, tow truck drivers, police officers, ambulance workers, etc. Swoop and squat car accident fraud is by no means a new invention, but has become far more common and prominent within recent years. Additionally, officials are finding huge rings responsible for these scams that are responsible for millions of dollars worth of fraudulent claims every year. So what does all this mean for you? This means that even if you were truly injured, these people make it harder for you to convince insurance adjusters of your injuries. They have seen a lot of scams. Unfortunately, this crooked few can cause many adjusters to be skeptical…and for good reason. |
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