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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

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Why the police report is so important after an accident

2/14/2014

 
VIDEO TRANSCRIPT:

David: Welcome back to SCV today, and I'm going to just bring right in Robert Mansour. We've had him on the program before, from the law offices of Robert Mansour. But this is really cool because, I've experienced what we're going to talk about. You've got the ten insurance company secrets that they don't want you to know about. You've got a list here.

Robert: True.

David: And we're going to go through these things because this is fascinating stuff. And this first one really surprised me. Insurance companies don't want you to get a police report after an accident?

Robert: That's right. And there's several reasons for that. The first reason is if you don't have a police report, you haven't documented the event. So sometimes they'll even deny that anything even happened. Or their client, their insured, will say, "I wasn't there. I don't know what you're talking about. I was at the ballgame. I went to the Kings game." And so, also, they don't want you to have a police report because the other party can change their story. If the police report documents what happened, the other guy can't wiggle out of what happened. So when a client comes to me and says, "I didn't have the police report."  I say, "Watch their story change. They apologize to you at the scene for causing the accident, but now that there's no police report, they're going to change their story. Let's watch how it unfolds." And I would say 50 percent of the time, the other party, indeed, changes their story. And the last reason they don't want a police report is because if you tell the officer you were injured and the officer writes it down, it lends more credibility to your assertion that you were injured. But the absence of a police report, they will assume you weren't injured, otherwise you would have called the police. And so they will use it against you.

Tami: Now what is the time frame for filing a police report because my automatic assumption is you must do it within an hour of an incident.

Robert: You should do it at the scene. If you suspect that you were injured, even a little bit. See most people don't call the police. They think their head has to fall off their body and roll down the street to call the police. You call the police if you think you've been injured, or if you think there's going to be a dispute in liability. Get the police down there. And, filing a police report a few days later is not really helpful. It's just you going down to the station telling your version of the story. It doesn't really help very much. So you should do it right there at the scene. The officers will ask you over the phone, "Was anybody injured?" If you say no, they're not coming. But if you say, "I think I may be injured," which might be true if you feel something. Because sometimes these injuries don't manifest themselves until the next day. And so you should always err on the side of caution, in my opinion.

Tami: So to protect yourself, if there are no injuries, but there's some damage, because a lot of times you can have quite a bit of damage but no injuries, and they're not going to send someone out, should you go directly to the police department then and file it there?

Robert: If you feel that the other side is going to change their story, you might want to preserve it. But again, it's really not of much importance if you go down to the police and tell them what you think happened ...

Tami:  Okay.

Robert:  ... versus an officer investigating at the scene ...

David:  Right.

Robert:  ... and talking to everybody ...

Tami:  Okay.

Robert: ... and writing everything down.

Tami: So get the police department there on scene?

Robert: I think that's a good idea.

Tami: Okay.

Robert: Especially if you feel that you might have been injured. 

If you need help with your personal injury case, call Robert Mansour at (661) 414-7100 to see if he can help.  Robert will let you know if he can bring value to your case.  Also, if you have questions, don't hesitate to call.  Robert serves Santa Clarita and its surrounding communities (Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic, Palmdale, Lancaster, Northridge, Chatsworth, Granada Hills, North Hollywood, and beyond).

Santa Clarita Attorney Robert Mansour Discusses Case Value

2/4/2014

 
VIDEO TRANSCRIPT: Hello everybody, my name is Robert Mansour. I'm a lawyer in the Los Angeles area, and one of my areas of practice is personal injury. One of the questions that I get at the very beginning of many cases is the client will call or they'll show up to my office and they'll say, “How much is my worth? How much can I get?” Usually, that's a warning sign. That's a client who might be thinking dollar signs, and that's not usually a good fit for me.

I tell the client, “Look. I don't know how much your case is worth. You just had the accident a couple of days ago. We don't know the nature and extent of all of your injuries. We don't know whether or not you're going to have any residual problem from the accident. We certainly have no idea how much your medical bills amount to, how much your future medical bills might be. We still don't even know if this has had an effect on your job or not whether you lost money from work, et cetera.”

Also, there are subjective issues that have to do with car accidents what's usually called pain and suffering. That's a little bit more intangible, and everyone's case is kind of different. For example, I had a case where my client was involved in a car accident. His economic bills were not that high, but he missed his father's funeral as a result of the accident. So here's a fellow on his way to his dad's funeral. Accident happens. He misses his own dad's funeral. That is very, very severe.

I had a case where an elderly lady loved to do gardening, and because of the accident she was no longer able to get on her knees and do gardening in her yard. This was a very big deal for her because she was losing something that meant a lot to her. She really enjoyed that hobby. So there are sometimes intangible factors that have to do with the value of the case.

Also, there's really no ledger of value of body parts. You can't just go and say, “Well, you hurt your hand. That's $35 or $35,000 or $10,000. You hurt your hip, you hurt your eye, you hurt your this.” There's no such schedule of pricing. There's no open market for body parts that we can use to kind of figure out what the value of your case is going to be. So a lot of it has to do with how the case progresses as well as intangible factors and then, of course, there's the issue of the insurance company that you're dealing with.

Sometimes there are issues such as insurance policy limits. You can't get any more from the other party because they don't have enough insurance. You may or may not have enough insurance at your end. Also, keep in mind that there are liens that might be placed on your case. For example, your health insurance company might expect to be repaid. Your car insurance company, if they've paid anything out they might expect to be repaid. Any doctors we might hire to assist us in your case, they expect to be repaid, and that might affect your final number.

As you can see, it is very difficult to just give people a number in the very beginning and say, “Your case is going to be worth x.” Frankly, that is a warning sign. I had a client one time. He showed and he says, “Listen. I'm not going to get involved in this unless you can guarantee me that I'm going to walk away with $15,000 in my pocket.” I said, “Well, we're not going to be able to work together because I cannot guarantee you that nor can I even speculate about that at this point.”

So, for me, generally the clients who come to my office are clients who don't have dollar signs in their eyes. They're not there because they think they won the lottery, but it is a question that does cross people’s minds. There's nothing wrong with knowing that all of these various factors go in to determining the value of your case.

Again, remember, you're always going to think your case is worth more than the other party's insurance adjuster is going to think. You're always going to think your case is more than perhaps 12 people in a jury box are going to think. In any event, I appreciate you stopping by and watching this video segment. Again, my name is Robert Mansour, and thank you very much for watching.

Please call (661) 414-7100 for a free case evaluation.  We serve all of Santa Clarita and its communities of Valencia, Saugus, Canyon Country, Castaic, Newhall, Stevenson Ranch, Palmdale, Lancaster, etc.

    Attorney Robert Mansour

    Robert 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.

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* This site does not create an attorney/client relationship and is not legal advice. Always consult with an attorney. Robert is an injury attorney serving Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic, Frazier Park, Acton, Val Verde, Palmdale, Lancaster, the Antelope Valley, and surrounding areas.

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