Blog Archives

Sometimes There Are Other Issues Involved in Settlement Other Than Monetary Compensation

1/10/2012

Surprisingly, there are times when “how much” just isn’t the most important issue for my clients. In fact, I would say most of my clients aren’t out to “get rich” by bringing a claim for personal injury. What they want is fair compensation, payment of their medical bills, protection from surprise bills, etc.

I recently was involved in a case where there was significant potential for a higher settlement. However, without getting into all the details, the client just wanted to settle because he was exhausted. For two years, he tried to handle the case himself and the insurance company for the responsible party strung him along. It has now been another year, and he’s reached his breaking point. Sometimes, just getting “done” with the matter is valuable to a client…in other words, they can potentially get a higher settlement but that’s not as “valuable” as putting the case behind them. I try to listen to my clients to make sure that whatever course of action we take, they are on board and in agreement. Sometimes, settling a case for less can be of greater value to you. Just make sure you communicate such to your attorney.

The importance of the police report

1/5/2012

One of the most important pieces of the puzzle when it comes to your personal injury auto accident case is the police report. However, sometimes police reports are NOT prepared if there is no report of injury. In fact, some insurance adjusters will point to the absence of a police report as evidence of absence of injury. In other words, if there was no police report, then you obviously weren’t injured. Therefore, if you are injured, you should tell the 911 operator or officers. Otherwise, the police will either not show and/or not write a report.

A police report can be very helpful when analyzing your accident case. First, I always look to see who the officer found at fault. The person at fault is usually listed as party #1. I also look to see what California Vehicle Code violation the office determined was involved. This information is usually found in the report. Sometimes the officers will also prepare a small diagram which can be helpful in determining what happened.

Unless the guilty party was under the influence, most officers won’t issue a citation to the guilty party. The lack of citation carries little legal significance. I also look to see if there are “associated” or “secondary” factors involved. Sometimes, my client is listed as an associated factor. That’s not a great thing, but it cannot be overlooked.

The report will also have the officer’s determination of road conditions, witness statements, reported injuries and if anyone was transported to a hospital, and the officer’s opinion regarding the severity of the property damage.

The officer’s opinion regarding fault carries a great deal of weight but is not legally binding. In most cases, the officer didn’t see what happened and only “investigated” the scene after the fact. His/her opinion is important but can be challenged. If you notice something wrong in a police report, you should take the time to file a “supplemental” report with the appropriate agency.

Therefore, police reports are helpful when it comes to accident cases. I will be honest… if the report is against you, you are going to have an uphill battle.

Why does the insurance adjuster want to meet with me?

1/4/2012

There seems to be a new approach being employed by some over-zealous insurance adjusters. They will offer to meet you at your home to “discuss” your case. Or they might suggest meeting for coffee. Make no mistake…they are not interested in “discussing” your case.

They are there to offer you a quick, low-ball settlement. Insurance adjusters are often rewarded for “closing” files and resolving them quickly. For some companies, the longer a file remains open, the more questions are asked by supervisors. So the adjuster will meet with you and convince you they have tons of experience with cases just like yours and that $500 should be enough settlement. They will have their checkbook for sure.

Remember, insurance companies don’t make money by paying claims. They make money by taking in premiums. If the insurance adjuster wants to meet you, talk to a lawyer first. Never sign anything until you run it by an experienced lawyer. If you sign your rights away, and accept a low-ball settlement, then you cannot come back later and ask for more.