1) Stop as soon as you can and move your vehicle only if it is safe to do so.  There's no need to unnecessarily hold up all the other traffic. If the positions of the vehicles involved in the accident are important to preserve, take photos of the scene then move if it's safe to do so.

2) If anyone is injured, call 911 and inform the police.  If there are no injuries, or relatively minor complaints, the police probably won't come to the scene.  

3) If the accident involves a "hit and run" situation, most car insurance policies require that you inform the police within a specified period of time and to also inform your insurance company.  Call your company or broker to check on those details.  Otherwise, you may not be covered for the hit and run.

4) Try to get the names and addresses of all the people who were involved in the accident.  Also try to obtain their driver's licence numbers and vehicle license plate numbers.  These days, having a cell phone will make things much easier as you can simply take photos of plates and licenses.  If you can, also take photos of any registration information.  Oftentimes, the person driving a car is not necessarily the registered owner of the car.

5) Obtain names, addresses, and phone numbers of any passengers involved and any witnesses to the accident.

6) Make sure to take plenty of photos of the accident scene.  Also, take several pictures showing the damage to your car.  Make sure the photos you take are from several different angles and distances. Also, try to take photos of all the other vehicles involved in the accident.  Sometimes, your car may not look so bad, but that's only part of the story.  That's why it's important to take photos of all vehicle involved.  Also, take photos of any injuries you might have.  

7) Notify your insurance company and/or insurance broker of the accident. Keeping the accident a secret from your company may not be wise as many auto insurance companies require you to report accidents to them.  If you don't, you might be in violation of your policy in which case you might be denied coverage should you later decide to make a claim or if a claim is brought against you.

8) If anyone involved in the accident was hurt, or if the damage to your vehicle exceeds $750, you need to notify the DMV within 10 days of the accident.  This is done by filing an SR1 form.  This form can be downloaded from the DMV website. The more information you have, the easier it will be to fill out the form.  Ask your insurance company and/or broker for help if you need assistance.

9) If you are injured, you should get medical attention as soon as possible. Your health and well being are very important. This is not the time to be brave and stoic.

​10) Consult with an experienced personal injury attorney if you want to review your legal options.

After an accident, many of my clients and prospective clients are worried about their insurance rates going up. That is a natural and common concern.  Here is the short answer: I don't know!  

Insurance companies use all kinds of data to rate you as a driver.  Clients are often surprised to learn that every insurance company comes up with its own rating system.  Some use driving records, your experience as a driver, your credit score, where you live, the length of your commute, your driving history, the number of accidents you've had, the number of claims you've made, and the list goes on.  I generally tell my clients that if the accident was NOT their fault, their insurance rates would probably not go up, but of course, I also told them that I couldn't guarantee such an outcome because I don't make those decisions.  Insurance company underwriters make those decisions.

However, there is now an emerging trend, as reported by the Consumer Federation of America, that major insurance companies are now raising insurance rates even if you were NOT at fault.  This is a major shift and even more reason why you might want to shop around for a new insurance company.  So even if you are not at fault, some companies are inclined to raise your rates anyway.  Perhaps they consider you a larger risk.  I can't tell you why, but it seems more an more insurance companies are implementing this approach.

Certain insurance companies were singled out in the report.  For example, Progressive Insurance, Farmers, and Geico were among the most aggressive in raising rates against their insured clients, even if they weren't at fault. State Farm, on the other hand, never raised rates on their clients in such cases.  The study also found that lower income drivers were incurring higher rate increases than higher income drivers.  On average, it seems rates went up about 10%.  The report also notes that 18 million Americans live in areas of the country where auto insurance is basically deemed affordable by the United States Treasury Department’s Federal Insurance Office.

Certain states like Oklahoma and California don't allow such rate hikes (let's hope it stays that way).  The study suggests people should complain to their insurance companies and should inquire if they raise rates even if you're not at fault. I tell my clients if they are not happy, they can take their business elsewhere.  There is no shortage of auto insurance companies out there willing to insure you.  It takes some time and effort, but using a good insurance broker who is knowledgeable about insurance can be very helpful.  Also, a good insurance professional can better advise you about buying the right kind of coverage.  Having insurance is great, but having the right insurance coverage is better.

To read the entire article, click here. 

There is a new tactic be employed by some insurance companies that I thought I would share with you. Basically, even when liability is perfectly clear, they will stall the process by insisting that they need to "speak with their insured." 

That simply means that they are trying to delay the settlement process. They will say things like they can't accept liability unless they speak with their client, even when liability is clearly against their client.  They do this even when the police report is clearly against their client. 

They simply state, "Well it's our policy to speak to our insured first before deciding whether or not to accept fault for this accident." In the meantime, there's damage clearly to the front of their clients car, damage clearly to the back of my clients car, and a police report that puts the blame squarely on their client. In truth, there really is no "need" to speak to their insured. What they're trying to do is delay the settlement of the case and defer the acceptance of liability. In the meantime, my clients are incurring bills, may be unable to rent a car, or other problem simply because the responsible party's insurance company won't accept liability until they "speak with their client." 

I can understand the need to speak with their client when liability is disputed or there are serious questions about the case. However, interviewing their own client when liability is obviously clear is nothing more than a stall tactic.  It is very sad to see how low some insurance companies will stoop an effort to avoid paying out what is owed.

Please call my office if you want to discuss your personal injury case.  The phone number is (661) 414-7100.  

In a recent post on my "Library" page, I ranted about insurance adjusters who view cases myopically.  They refuse to see things from any other paradigm except their own. 

Well, today I wrapped up a case with State Farm, and I must say, the adjuster (Chris) was a joy to deal with.  He was always responsive and occasionally viewed the case from different points of view but stuck to his guns on other issues.  However, when he stuck to his guns, he always explained his reasoning in a polite and reasoned manner. 

I could tell Chris had reviewed the case carefully, looked at all the medical records, learned more about my client, and sought explanations when needed.  I had to respect his decision because I could tell he was actually evaluating the case after digesting all the information - not based on a short-sighted or knee-jerk analysis - or blind allegiance to an insurance company.  He worked very hard to try and resolve this case.  I appreciated his dedication and hard work. 

As you may know, I'm a former attorney for State Farm Insurance.  I was a defense lawyer, defending the company and their insureds against personal injury cases.  Chris and others like him restore my faith in insurance adjusters who understand their job is to evaluate cases fairly, without predisposition. 

It happened again today.  I met with a potential new client who told me the adjuster kept calling and offering her a settlement of $500.  The adjuster explained that in his experience, her kind of injury will probably fade over time and a couple of visits to the doctor "should do it."  Really?  This adjuster who probably has no medical degree has diagnosed my client over the phone and told her she will be getting better soon.  Then he offers her $500 to cover a "couple of visits to the doctor" and a little bit for "your pain and suffering."   He asks her to sign a general release in exchange for the money.  He promises her this outcome is fair and routine in his experience.  Not knowing much better, victims of accidents are often taken to the cleaners by overzealous claims adjusters who have forgotten their purported mission is to help others...not save nickels for an insurance company. 

The sad thing is that many insurance adjusters handling first party claims (i.e., claims for their own clients/insureds) are treating their own insureds just as poorly - with disdain and suspicion.  Claims are denied or marginalized simply because they can be.  The playing field is hardly level, and the insurance companies are keenly aware of that simple fact.

The focus is on saving money for the insurance company and "closing" their file.  Unfortunately, and I can say this after years in the business working both sides of the fence, too many adjusters have lost sight of the forest.  Many are so jaded after years of dealing with crooks and others trying to game the system.  They have forgotten that every so often, a legitimate claims comes through.  

If you are offered $500 as a quick settlement a few days after an accident, you should likely run the offer by an experienced personal injury attorney who won't simply tell you what you want to hear.  If you need help with your Santa Clarita, CA accident case, call attorney Robert Mansour at (661) 414-7100 for a free consultation.

If you are injured after an accident, you should call for an ambulance or at the very least, seek medical assistance as soon as possible. In general, the insurance companies don’t want you to call for an ambulance. They also don't want you to go to the hospital.

The reason they don’t want you to call an ambulance is because it affects their ability to argue that you were not hurt. Insurance companies work very hard to minimize your injury claims. It’s hard for them to argue that you were not hurt if you were taken away by ambulance from the scene. As a general rule, ambulance personnel are not going to waste their time. They’re going to take you by ambulance if it is warranted, if there are serious complaints of pain, and if there are serious concerns at the scene – that’s when they take you by ambulance.

Also, if you go to the hospital immediately after an accident (or at the very least seek medical attention in some way VERY SOON after the accident), it’s further evidence that you were injured, so the insurance companies don’t like to see this because they can’t use it against you in the future. It just makes it harder for them to argue you were NOT injured since you were proactive about your injuries.

If you've suffered in a serious car accident in the Santa Clarita area, please consider calling our office at (661) 414-7100 for a free consultation.

The insurance companies do not want you to call the police after an accident.  There are many reasons for this.  Number one, it creates a record of the event so the insurance company cannot deny later on that the accident actually happened.  Yes, they do that.  Believe it or not, they will sometimes deny that an accident actually occurred, or their client will say, "Hey, I wasn’t there.  I have no idea what you’re talking about." They’ll deny the accident even occurred.  If you have a police report, that goes a long way to establishing that the accident actually happened and who was actually there at the scene.  

Also, if you complain of pain at the accident scene, the police report will often have that complaint of pain which is very good because the insurance company can no longer later on say, "Hey, you never complained of this pain before" or "You didn’t complain of pain from the accident."  Well, it’s right there in the police report:  Day One, complaints of pain from the accident!  In fact, sometimes it’s frustrating for me because my clients don’t complain of pain at the accident scene.  They complain about the pain later on, and the insurance company will use the absence of complaints at the accident against you as well.  So it’s always in your best interest to tell the officer if you have any pain, even if it’s minor.  Also, the police report will have important witness information and other valuable info and it’s almost always a great idea to get a police report.  The insurance companies don’t really like it though.

If you need help with your personal injury case, call Santa Clarita attorney Robert Mansour at (661) 414-7100 for a consultation.

A client came to my office this week to explore her legal options after a vehicle turned left right in front of her. The accident was moderate in nature...certainly not a minor fender bender. She was walking with a stiff gait and was obviously in pain.

While we were evaluating her legal options, I also told her about the possibility of proceeding without an attorney. After all, you don't HAVE to hire a lawyer to assist you with your case. There is no law mandating that you do so.

However, when I explained to her that I would be the one to deal with the insurance adjuster, and I would be the one to act as her liaison, she was very glad to hear it. She said, "I just want to go to my doctor and get better....I don't want to talk to these insurance people any more. They keep calling my house, leaving messages, asking for statements and information...."

In her opinion, having a lawyer handle the case and talk to the insurance adjusters was very reassuring. She wanted to focus on her injuries...and not hassling with insurance adjusters. She hired me to handle the case, and she got an immediate return on her decision - peace of mind!

In some cases, having an attorney handle your case can allow you to breathe easier, knowing that you have delegated the job to someone with experience. That way, you can focus on what's important - getting better!

If you have a serious accident in the Santa Clarita area (including Valencia, Saugus, Canyon Country, Castaic, Stevenson Ranch, Newhall, and surrounding areas) and you'd like to discuss your legal options, call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free candid and honest evaluation of your legal options.