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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

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Why meeting with a lawyer is probably a good idea

7/25/2015

 
VIDEO TRANSCRIPT:  Hello everyone, this is Robert Mansour and today I wanted to make a brief video about why it's a good idea to talk to a lawyer after an automobile accident in which you may have been injured. The reason that you want to do that is you want to talk to somebody whose going to lay out all your options for you and you don't' want somebody whose just going to tell you what you want to hear. 

You want somebody whose going to tell you the truth, somebody whose going to tell you things candidly. I've worked for both sides of the fence, I've worked for the insurance companies as a defense attorney and I've also represented victims of auto accidents. I try to tell my clients all the good stuff about their case and perhaps the not so good stuff about their case.

I want them to walk into the matter with their eyes wide open. I also want my clients to avoid any traps, so for example, they might be talking to the insurance adjuster and learning a thing or two, but the things that they hear from the insurance adjuster may be good for the insurance company and not so good for the client. I always think it's a good idea and it can't hurt for you to go to a lawyer whose not going to be pushy, who's just going to explain the facts to you. 

The lawyer will explain whether or not they can bring value to your case. I will have to tell you about half the cases that come through my office, we turn away only because we can't bring any value to that case.

Sometimes we will also tell the client about how to represent themselves, how to go about doing things on their own. In fact, on the videos page of my website, there is a video about how to present your own personal injury case. Again, visiting with a lawyer after an auto accident case is often a very good idea, especially so you can learn all about your options and what your rights are. Thank you very much for watching this brief video. 

Call our office today to see if we can help you with your personal injury case.  Call (661) 414-7100.

Are your injuries really from your car accident?

7/18/2015

 
VIDEO TRANSCRIPT:  Hello everybody, my name is Robert Mansour, and I wanted to make a brief video today about causation. Causation is an important element of personal injury cases. Just because you have an injury doesn't necessarily mean it was from the car accident. Sometimes I have clients who have a lot of pain and we go and we take an MRI or some kind of scan of their back or their neck, and we find a problem. Let's say we find a herniation of the disc or a bulging disc or a tear in the shoulder or something like that.

The question from the opposing side is always going to be well fine, but is that from the accident or perhaps it's from something else. When you have a preexisting problem for example before the accident, it's a 2-edge sword. The defense is going to argue that that's a preexisting problem and the accident has nothing to do with it. The plaintiff is going to argue that the accident aggravated that condition and made it worst. Now its tough to tell of course when it's aggravated, when does it go back to pre-accident level or does it ever go back to pre-accident level.

This is where doctor's testimony is very important. This is where you want to be able to ask the doctor, "Doctor can you say with any certainty that this is from the accident versus something that predates the accident?" Now another thing that you can do sometimes is you can say, "Fine. Maybe I have this problem before the accident, but it was dormant. It was asymptomatic. I didn't have any symptoms." The argument that I would use is I would say, "Ladies and gentleman, my client is standing at the edge of the cliff."

The other party came and push them over the cliff. By doing so, they can't just say, "Oh well, I pushed you over the cliff. That's your problem." If you have a preexisting problem that was asymptomatic but is now symptomatic, that is an argument that you should make in your personal injury case. My name is Robert Mansour and I just wanted to address this issue causation today in this brief video. I hope you found it helpful, and thank you very much for watching.

Call (661) 414-7100 if you've been involved in a serious car accident and need advice.  Robert serves Santa Clarita, CA and its communities of Valencia, Saugus, Canyon Country, Newhall, Castaic and Stevenson Ranch.  Robert also serves the larger Los Angeles county area.

Be careful when renting a car after your accident

7/12/2015

 
Do not simply rent a vehicle assuming the responsible party is going to pay for it. There is no guarantee the responsible party or their insurance company is going to pay for a vehicle you decide to rent. Even if they admit fault, make sure the rental occurs without your involvement. In other words, try to keep things between the insurance company and the rental car agency. All you need to do is pick up the car and return the car. 

Some insurance companies make this difficult. They will argue that they are a "reimbursement only" policy. That means you have to go rent a car on your own dime and then present a receipt for reimbursement. If they insist on this "reimbursement" approach, either do not rent a car, or rent one for no more than $25/day. Most insurance companies won't tell you this, but they generally won't pay more than $25/day. So if you go rent a vehicle for $50/day (and that's the going rate at many rental companies), you're going to be unpleasantly surprised when the insurance company fails to reimburse you the whole amount.  For some reason, they only tell you AFTER the fact that they consider $25/day reasonable, regardless of the fact it usually costs more to rent a comparable vehicle.  

Just because they said they are going to reimburse you doesn't mean they will concede to whatever you present to them.  You should ask the rental car company to offer you the same daily rate they offer to the insurance company - which is often much less than the average person pays. Therefore, you might get the $50 car for $25/day. Explain to them that the insurance company likely will not reimburse you for any more than $25 per day.  Before you rent the car, call the insurance company property damage adjuster to make sure the rate and extent of rental will meet with their approval.  That way you minimize your potential downside.  You can also forget about renting a car and simply asking for "loss of use" which is payment for the time you expect to be without a car.  You don't actually have to rent a car to ask for loss of use.  More on this a little later.

If your car is a total loss, the insurance company will probably offer you an amount based on a supposed "third-party" "independent" appraisal. While these third parties are supposedly "independent," everyone knows they get most of their business from the insurance companies. As such, it stands to reason their appraisals will generally be lower than what you expect. You don't have to accept whatever they offer you. If you have other research showing your vehicle is worth more, do not be afraid to present that to the insurance adjuster. The problem is it may require hiring our own appraiser and that could cost you hundreds of dollars.  It doesn't hurt to negotiate although the property damage insurance adjusters rarely have that much leeway. They are very much married to the appraisals they get and the software they use. 

Once you get an offer for your vehicle, you can't simply keep renting a car for weeks on end. Generally speaking, once they make you an offer, they will allow you to rent the vehicle for a few more days, usually not exceeding an additional week at the most. If you rent for longer than that, you will probably be on the hook for the additional rental period.  Make sure you check with the insurance company what kind of leeway they will provide.  Never assume they will be generous with you. On the contrary, assume they will be stingy.

Also, if you are renting a car while your car is being fixed, you will generally have to return the car rental almost immediately after taking delivery of your repaired vehicle. Once your vehicle is repaired, you can simply leave it at the shop and continue renting the rental. 

Finally, as noted earlier, you don't actually have to rent a car to get reimbursement. If you are without a vehicle for two or three weeks while it is being repaired, you can ask for something called "loss of use." Generally speaking, the insurance company for the responsible party (doesn't work with your own company) will pay you between $25 and $30 a day for being without a car. You don't actually have to rent a car to ask for this. Insurance companies don't like you to know about this little secret. After all, insurance companies hate to part with their money. However, this is a reasonable request and in most cases, insurance companies will pay you about $25 a day for up to 30 days. Anything above and beyond that will be a challenge. Therefore, if your car was in the shop for 10 days, you should ask the responsible party's insurance company for $300 for loss of use (10 days times $30/day).  

The general point is this: Don't be hasty about rental car decisions. Think through all your options and make a wise decision.  Talk to an experienced personal injury lawyer who may be able to give you more guidance on this potentially thorny issue.

What happens after you're done treating for your injury

7/8/2015

 
VIDEO TRANSCRIPT:  Hello everyone this is Robert Mansour, and today I wanted to make a brief video about what happens after you have finished treating for your personal injury accident. I get this call all the time, my client's finished treating at their doctor, or they finished their physical therapy, and they call me basically the next day, and they're like, "What next? What's going to happen now?" I try to explain to them that it's going to be a few more weeks before anything really happens, because here's what needs to occur. I need to assemble all the medical records and all the bills from all the different health care providers that they've been to.

Also, if they just finished going to the doctor, and they've just finished going with a physical therapist, those people need some time to generate all the bills, and to generate all the reports that are needed to help present the personal injury claim. It doesn't happen overnight, it takes some time. Then after I get everything I have to review everything. I have to dissect it, I have to see what it all ... How it all comes together, and how it all fits together. Then I have to present the case to the insurance company, and that requires, generally speaking, what's called a demand letter. The demand letter is basically where I present our demand to the insurance company, that we demand to settle the case.

Sometimes you put a number in there, sometimes you don't put a number in there, and then the dialog begins between the insurance company and the attorney's office. Now, keep in mind just because I send a letter to the insurance company doesn't mean the very next day I get a call. Most insurance adjusters have about two hundred files sitting on their desk at any given time. My letter comes in, along with the supporting documents for your case, and it just sits on their desk probably for a good thirty days before they can do anything with it. I tell clients that after they're finished with the doctor and everything, about thirty days later I'm in a position, provided I have everything I need, to present their case. Then about thirty to forty-five days after that we hear from the insurance company.

For the most part, you can count on about sixty days after you're finished treating before you hear anything. Now, invariably I run into some problems, especially if there's a client who has been to a dozen different health care providers. Each of those health care providers has their own billing department, they have their own records department, in some cases there is a collection agency, in some cases some of these departments are out of state, and so they close and open at different times of day than California. In some cases we make phone calls to these places, and they never return our calls. In some cases we're promised records, and I paid for them and I never get them. Just because that's the way that's supposed to go, things don't always unfold as smoothly as I would like.

That gives you a little bit of an idea of what happens after you're finished treating. I present the claim once I have everything that I need to have, the insurance company responds, the negotiations begin. Now, as part of the negotiations I need to make sure that all of your health care providers have been paid. Some of them have not been paid, and we need to make sure that they are. If anything has gone to collections we need to make sure we work with the collection agency. If Medicare is involved or Medi-Cal, or your health care insurance is involved, we need to make sure we keep them in the loop. As you can see there's many different variables that go into settling a case, and it's not just a matter of finishing your treatment and then you get a settlement the next day.

I hope this helps you understand a little bit about what the mechanics are, and if you have any questions you could please call my office or send me an email. Thank you very much.

Regarding the value of your case and the behavior of the responsible party

7/3/2015

 
VIDEO TRANSCRIPT:  Hello, everyone. This is Robert Mansour. Today's brief video is about the bad behavior of the responsible party. Sometimes I get clients and they call and they're very, very upset because the other party was a real jerk at the accident scene. They were inclined to them. They maybe used foul language. They lose their cool. They screamed at them. They maybe blamed them for the accident and they wouldn't accept fault or I get clients calling me and telling me that the other person looks like a thug, and the other person was very belligerent at the scene.

Look, here's the thing: The bad behavior of the other person, whether or not they're a jerk or they're not a jerk has very little to do with whether or not you have a personal injury case worth pursuing. The question for you is 1) Was the other party at fault? 2) Were you injured? Whether or not they are nice people or they call their mom on the weekend, or they dress nicely, or they treat others with respect, or they use foul language is pretty much irrelevant.

The trouble is that some clients generally correlate the behavior of the responsible party whether or not they have a personal injury case worth pursuing. There is no correlation. The other part is that they're a jerk. What are you going to do about it? There's nothing you can really do.

The question is whether or not you have a personal injury case worth pursuing and the behavior, whether it's bad or good or whatever, the party has very little to do with that. Don't get too concerned about the behavior of the other party. If they're a jerk, they're a jerk.

Again, you can't really change that. It might make your blood boil and it might make you want to go after them, but you can't just do it out of spite and out of anger because you may go down a path that you don't really want to go down. You need to divorce yourself from the emotion and the anger that you might have because the other party was a jerk at the scene. So please, keep that in mind when evaluating whether or not you want to pursue a personal injury claim.

This has been Robert Mansour talking about the bad behavior of the responsible party. I hope you found this video helpful. Thank you very much for watching.

    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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