When it comes to personal injury cases and allegations of injury, the insurance companies indeed "judge a book by its cover." What does that mean for you? That means if your property damage doesn't look so bad, they will usually conclude the impact was minor. In many cases, my clients tell me the impact was very "hard" but it's very difficult to see the property damage. This is especially true when there is a direct rear impact. Unfortunately for your case, the insurance company will doubt your claim for injury if your property damage is insignificant - both visually and if the dollar amount is low.
This is why I often ask my clients for copies of their property damage estimate. Oftentimes, the car doesn't look so bad but then we find there is "frame damage" noted on the itemized repair estimate. There are other indicators of damage that can show up on the estimate but are hard to visually see. When there is little visible damage, pointing out such items on the property damage estimate can help persuade the insurance adjuster your accident may look minor on the surface but was actually more powerful. If you need help with your Santa Clarita accident case, give us a call at 661-414-7100. You can also visit our "Contact" page. We serve all of Los Angeles county but focus on Santa Clarita, Valencia, Saugus, Canyon Country, Castaic, Newhall, Stevenson Ranch and surrounding communities. After a car accident, you might end up losing time from work. As a result, you may be out hundreds or thousands of dollars. The insurance company for the other party is not going to pay your lost earnings just because you are a nice person. They are going to want proof of those lost earnings.
First of all, in most cases, the insurance company is going to want to see that a doctor told you to stay off work. You can't simply choose to stay home and watch "Oprah" reruns on TV because you don't feel good. Missing one or two days from work won't require much proof but if you allege a week or more, they are going to want to see that you were advised to stay off work. That means you need to obtain and keep "stay off work" notes from your doctor. You should also be prepared to provide a "Lost Wage Verification" of some sort. Don't sign any authorizations prepared by the opposing insurance company. You don't want them fishing through your employment records. Remember, most insurance adjusters are looking for reasons NOT to pay you. You can have your verification signed by your payroll department, a supervisor, your boss, etc. The verification is basically a letter containing the following: Your employer's name, dates of employment missed due to the accident, rate of pay, total amount of pay lost, title of the person signing the form, and their printed name and signature. If there are previous pay stubs showing regular pay, that also might help substantiate your claim. When there are significant claims for lost earning, tax returns may be necessary to show earning patterns year after year. In summary, you need to actually prove your lost earnings claim. Documentation is key. Don't depend on the responsible party's insurance company to do this for you. Remember, they are not there to prove your case for you. You need to take control of this and be proactive. If you need help with your personal injury case, give me a call for a free consultation. My office serves Santa Clarita, Valencia, Saugus, Newhall, Canyon Country, Castaic, Stevenson Ranch and surrounding areas. Here is a link to my video regarding lost earnings. Every day, we get calls from people looking to hire a personal injury lawyer here in Santa Clarita and surrounding areas. However, we have to turn them away because it turns out they don't have much of an injury! In some cases, they aren't injured at all but insist on "drawing blood" from someone who "wronged" them. In auto accident cases, there is little my legal representation can do if there is no visible damage to the vehicles! Here are two funny videos created by personal injury lawyers in New York that drive the point home in a clever (and over-dramatic) manner. Remember, you actually have to be injured to bring a claim for personal injury!
Therefore, if you have suffered a significant injury from an accident, give us a call to discuss your options. We serve Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Castaic, Stevenson Ranch and surrounding communities. There are many good reasons to insist on a police report after an accident. In the Los Angeles area, police officers won't come to the scene unless an injury is being reported. Therefore, even if you think you have a mild injury, getting a report may be helpful. Here are some quick reasons:
1) The other party can easily change their story. It's harder for the responsible party to do so if their story has already been documented by an officer. 2) The responsible party (and their insurance company) cannot later deny being involved in an accident. Yes, you might be surprised what some folks will say after an accident. 3) Report your injuries (however minor) to the police officer. Be overinclusive rather than underinclusive. This is not the time to be "brave" and dismiss your own injuries. Insurance companies routinely use the lack of complaints of injury at the scene as evidence of NO injury. 4) The officers can summon additional assistance if necessary. 5) Police reports can help establish liability in case the responsible party tries to deny fault later on in the case. While the officer's opinion is not the gospel truth, it is certainly helpful if the officer finds in your favor. Getting a police report is usually a good idea. Your lawyer should also be able to order a copy for you unless you've already obtained a copy prior to your initial consultation. If you have questions about your personal injury case, feel free to contact Santa Clarita personal injury and accident lawyer Robert Mansour. After my clients have completed their course of medical treatment following an accident, there comes a time to present the case for settlement to the responsible party's insurance company.
Prior to this time, the lawyer is indeed in contact with the insurance company and keeps them posted. However, a formal "demand package" isn't usually presented until my clients have finished their treatment and/or reached a plateau where no further treatment is going to help. The lawyer will then put together a "demand package" - this package contains several times including, but not limited to the following: 1) A letter to the insurance adjuster establishing liability adverse to their client and arguing the damages of the case - both economic and non-economic damages (the latter are also known as "pain and suffering" or "general" damages). The letter is basically an "argument" to the adjuster. It should be persuasive but not long-winded. Remember, adjusters are handling hundreds of files at any given time so they don't have time or energy to read a novel. 2) Photos of the accident - the photos need to help the adjuster understand the severity of the impact. If the photos show little damage, I generally won't include photos that can backfire on my client. Photos should tell a story. Remember, pictures "tell a thousand words," so the photos sent need to help tell the story. 3) Property damage estimate - if the estimate shows significant property damage, frame damage, etc., it should be included to further show the adjuster the extent of the damage. Sometimes, photos don't tell the whole story so the esimate can help. The property damage estimate might reveal damage that's hard to see. 4) Medical reports - Not just medical records but also reports that contain narratives - explanations from the doctors as to what the injuries were, what treatment was done, and any prognosis. 5) Medical bills - Billing from all medical providers, from the ambulance, hospital, ER, orthopedic, chiropractic, physical therapy, MRIs and other scans, etc. This is NOT "explanation of benefits" forms or co-pays. Your co-pay is not your billing. 6) Lost earnings verification. If you are asserting lost earnings, you need to provide the adjuster with adequate documentation that supports your claim for lost wages. There are sometimes other documents that are included with the demand package, depending on the particular case. The adjuster will review the package and generally call the lawyer with further questions and/or an offer. The lawyer and the client then discuss the offer and how to respond. Many times, I ask my clients for copies of the medical bills they incurred after an accident. Immediately after a car accident, some people go to the doctor, hospital, etc and start incurring medical bills. These are some of the bills I need to help properly represent my clients. Some doctors will provide this information directly to me, especially if they've handled personal injury matters in the past.
The answer I almost always get is, "Oh, I got that from my health insurance company. They sent me the bills in the mail." Well, my clients are usually wrong about this. What they actually got is an "Explanation of Benefits" form (also known as an EOB Statement). This form is from their insurance company. It generally shows what they were billed, any discounts applied to the bill, what the health care insurance actually paid (if anything), and any amount the client is expected to pay. It looks like a bill of some sort, but it's not a bill. It's an "explanation" of benefits. You see, the EOB statement is NOT your bill. The actual bill is a recitation of all the services etc. you received from a particular health care provider and how much they charged you for the services. It's similar to shopping at the store - they give you a receipt that shows all the things you bought and how much you were charged. That's what I need. What you get from the health care insurance company is a document generated internally by the health insurance company - not the actual bill from the health care provider. Your co-pay and EOB information is important but it's not the actual bill. How do you get the actual bills? You call the health care provider and say, "Hey, send me my bills." They will either mail/fax them to you or you can pick them up. You are entitled to that information. Make sure to forward all bills to your attorney. Realize that many health care providers do not do their own billing. Their billing is often handled by a third party company, often off the premises, and sometimes not even in California. Either way, you are entitled to your own bills. I also like to get copies of my clients' EOB statements as well to show clearly what was billed and what was paid. That information is also important, but please don't confuse your EOB statements for your actual health care billing. They are not the same thing. |
Attorney Robert MansourRobert Mansour is an attorney in Santa Clarita, California who has been practicing law since 1993. After working for 13 years for the insurance companies, he now counsels victims of personal injury. Click here to learn more about Robert Mansour. Categories
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