We’ve discussed this issue before, but it’s always good to discuss whether or not hiring a lawyer makes sense for your personal injury case. If you have medical bills and lost wages that are less than $2000, you probably don’t need an attorney.

If there is no visible damage to your car, it’s going to be difficult to prove that you had any appreciable injury to most juries and insurance adjusters.  That doesn’t mean the impact wasn’t severe…it only means that it will be difficult to prove the impact was severe.  Over the past several years, juries have grown less patient with cases involving only “soft tissue” damage.   For most jurors, being present every day and serving on jury duty is giving them neck and back pain!  They don’t want to hear about yours.

If the accident was your fault, don’t bother hiring a lawyer (unless you need one to defend you).   I will be honest with you.  I’ve turned away many cases because I honestly believed the client would be much better off without my involvement.   It’s not that I don’t want to help….it’s mainly because the client will probably be better off doing it themselves.  Of course, I’m still available to help people evaluate their case.  Feel free to call.

The insurance company is going to be reasonable with me.

Many people try to handle their own personal injury case.  There is nothing necessarily wrong with that.  However, the mistake occurs when they believe that if you simply write the insurance company a nice letter and act a reasonable fashion, they will be reasonable with you!  Sounds fair, doesn’t it?  Well that’s not usually how it works.   Insurance companies have seen their fair share of scams and people who exaggerate their claims.  They have, in many cases, become hardened to personal injury claimants.  They give everyone a hard time.  Mother Theresa can make a claim, and they probably will hassle her.

I have to give the insurance company a statement. 

Another mistaken belief some people have is that when the opposing party’s insurance company calls, they have to give a recorded statement.  That’s not true.  You don’t have any legal obligation to give a statement to the other party unless there is a lawsuit pending, and your deposition is taking place.

The insurance company for the guilty party is going to pay my bills.

Some people also believe that the insurance company for the other party is obligated to pay your medical bills as they are due.   Most of the time, you’re going to have a very difficult time getting them to pay anything at all.   If they offer to pay ALL your bills, go get your camera and take a picture.  That would truly be a Kodak moment!

A personal injury case is not the lottery!

There are some people out there who still believe that a personal injury case is going to make them rich!  Like they’ve hit the mother lode – won the lottery.   I have bad news – You’re not going to get rich from your personal injury case.  This is a huge myth that needs to be dispelled immediately.  The law allows adequate compensation – the law doesn’t say you will be able to retire due to a personal injury case.  That’s not to say some people don’t collect significant amounts, but that’s because their case is worth a good deal of money – not because they won a lottery of some sort!

Don’t hire the lawyer who promises you the highest recovery for your personal injury case.

Some clients will “shop” attorneys to see who guarantees them the biggest result.  Lawyers who guarantee you any kind of result are simply trying to get you to become their client.  There is no way to predict how a personal injury case is going to unfold.  A lawyer can give you an “idea” but don’t just pick a lawyer because he/she says your case is worth more than the last lawyer told you.  Get a lawyer who’s going to be honest with you.  There are some honest lawyers out there….I promise!

If you didn’t get hurt, don’t bother bringing a personal injury claim.

Sometimes some people believe that just because there was an accident, they are entitled to some kind of compensation.  Without any damages, you can’t simply collect money.

I’m reminded of a fellow who slipped at McDonald’s.  I asked him if he was hurt.  He said, “No, I’m fine.  My pants got a little wet, but otherwise, I’m fine.” I told him that without an actual injury or lost wages, he doesn’t have a case.  I have clients who call and say there was a bug in their fast food sandwich, but they weren’t hurt by it.  Again, no case there either!  Simply because something happened to you doesn’t mean you have a personal injury case to pursue.  Life happens every day.  Sometimes bad things happen and we simply move on with our lives.

There are still clients who don’t understand, so I give them the following example which seems to help:   Imagine if I went to your home and slipped on your lawn.  I wasn’t hurt, but I knock on your door and demand $10,000 from you!  Are you going to pay me if I wasn’t hurt?  Probably not.

Mandatory Settlement Conferences: How California Personal Injury Cases Get Settled Before Trial

In many California personal injury cases that proceed into litigation, there comes a point when settlement becomes a realistic and important possibility. By that stage, the parties have usually exchanged substantial information, the plaintiff's medical condition has become clearer, and both sides have a better understanding of the strengths and weaknesses of the case. A Mandatory Settlement Conference (MSC) can provide an important opportunity to resolve the case before the expense, uncertainty, and risk of a jury trial.

A settlement conference is not simply a meeting where the lawyers announce their "final offers." Settlement negotiations often require patience, flexibility, and a willingness to move gradually toward a resolution. In my experience handling personal injury cases on both the plaintiff and defense sides, cases are sometimes settled only after many rounds of negotiation.

Key Takeaways

• A Mandatory Settlement Conference is an important opportunity to resolve a personal injury case before trial.
• The purpose of an MSC is to encourage the parties to reach a mutually acceptable settlement.
• You should not expect the first settlement offer to be the other side's best offer. Negotiations often involve multiple offers and counteroffers.
• Patience can be important during settlement negotiations. Moving too quickly to a "final" position can unnecessarily limit the possibility of reaching an agreement.
• Your lawyer should understand both the strengths and weaknesses of your case before entering settlement negotiations.
• A settlement conference does not guarantee that the case will settle. If the parties cannot reach an agreement, the case can continue toward trial.
• The settlement officer or judge does not decide the case at an MSC. The parties ultimately decide whether to accept a settlement.
• A successful settlement can eliminate the uncertainty, expense, and stress associated with taking a personal injury case to trial.

What Is a Mandatory Settlement Conference?

A Mandatory Settlement Conference is a court-supervised opportunity for the parties in a civil case to attempt to resolve their dispute before trial. In an appropriate case, the court may require the parties and their attorneys to participate in the process and to make a genuine effort to settle the case.

The exact procedures can vary depending on the court, the assigned judge, and the circumstances of the case. The important point for a personal injury plaintiff is that an MSC is an opportunity to resolve the case without asking a jury to decide who should win and how much compensation should be awarded.

When Does a Personal Injury Case Become Ready for Settlement?

Settlement can occur at virtually any stage of a personal injury case, including before a lawsuit is filed. However, settlement negotiations often become more productive after the parties have exchanged enough information to evaluate the case realistically.

For an injured plaintiff, that may mean understanding the nature of the injuries, the treatment that has been required, the amount of medical expenses, any lost income, and the plaintiff's current medical condition. The defense will also evaluate liability, causation, damages, insurance coverage, and potential weaknesses in the plaintiff's case.

Why Don't Insurance Companies Simply Make Their Best Offer First?

Settlement negotiations are rarely that simple. An insurance company evaluates a claim based on many factors, including its assessment of liability, the available evidence, the plaintiff's medical treatment, comparable cases, litigation risks, and the potential cost of taking the matter through trial.

The first offer may therefore be considerably lower than the amount the insurer ultimately becomes willing to pay. That does not mean that every case should involve endless negotiations or that an attorney should reject a reasonable offer simply to keep bargaining. Rather, the parties need to understand that settlement is often a process rather than a single conversation.

Why Is "Haggling" Sometimes Part of Settlement Negotiations?

Settlement negotiations can sometimes resemble a carefully controlled negotiation in which each side uses its offers and counteroffers to communicate how seriously it is approaching settlement. A large movement in one direction may signal that a party is becoming more flexible, while a small movement may communicate that the party is approaching its limit.

I once participated in a settlement conference where the defense initially offered only $4,000 on a case that we believed was worth substantially more. We began much higher than the amount we ultimately expected to accept, and the parties continued exchanging offers over the course of the conference.

Eventually, after numerous rounds of negotiation, the parties reached a settlement of $75,000. The result was possible because neither side treated its initial position as its "final offer." Both sides continued negotiating while communicating their willingness to compromise.

Why Should You Avoid Giving a "Final Offer" Too Early?

Once a party announces that a particular number is its absolute final position, it can become difficult to move without appearing to contradict that representation. In some circumstances, declaring a final number too early can cause negotiations to stop before the parties have fully explored the possibility of settlement.

That does not mean an attorney should negotiate indefinitely or refuse to establish a realistic settlement position. A good settlement strategy involves understanding the value and risks of the case and using negotiation deliberately rather than simply moving numbers back and forth without a purpose.

What Role Does the Settlement Officer Play?

A settlement officer's role is generally to help the parties communicate and explore whether a settlement can be reached. Depending on the circumstances, the settlement officer may meet with both sides together or speak privately with each side and then communicate between the parties.

This process is sometimes called shuttle diplomacy. The settlement officer may help each side understand the risks identified by the opposing party, challenge unrealistic expectations, and encourage movement when the circumstances suggest that a settlement may be possible.

A skilled settlement officer can be particularly valuable when the lawyers and their clients have become entrenched in their respective positions. Sometimes an independent person pointing out the risks of trial can accomplish something that the opposing attorney cannot.

Does a Mandatory Settlement Conference Mean My Case Will Settle?

No. The fact that the court requires the parties to participate in a settlement conference does not mean that either side is required to accept a settlement. The parties retain control over whether they ultimately agree to resolve the case.

If the parties cannot reach an acceptable agreement, the case generally continues toward trial or whatever other proceedings are scheduled. However, even an unsuccessful settlement conference can be useful because it may give both sides a better understanding of the opposing party's position and the risks involved in continuing the litigation.

Why Is Settlement Often Preferable to Trial?

Even a strong personal injury case involves uncertainty when it goes before a jury. No attorney can guarantee what a jury will believe, how it will evaluate the evidence, or how much it will award if the plaintiff prevails.

Trial also takes time and money. Witnesses must be prepared, experts may need to testify, exhibits must be organized, and attorneys must devote substantial resources to preparing the case. A negotiated settlement allows the plaintiff to obtain a guaranteed result rather than taking the risk of leaving the outcome entirely in the hands of a judge or jury.

How Should a Plaintiff Prepare for a Mandatory Settlement Conference?

A plaintiff should understand the important facts and issues in the case before attending an MSC. This includes understanding the injuries, medical treatment, claimed damages, liability arguments, available insurance coverage, and any significant weaknesses that the defense may raise.

Just as importantly, the plaintiff should have a realistic understanding of settlement. Your attorney should discuss the strengths and weaknesses of your case with you and explain the risks of accepting a particular settlement versus proceeding to trial. The final decision about whether to settle generally belongs to the client.

What Can We Learn From Settlement Negotiations?

One of the most important lessons from settlement negotiations is that both sides have risks. The plaintiff risks receiving less than expected—or potentially receiving nothing—if the case goes to trial. The defendant and its insurance carrier face the possibility that the jury will award substantially more than the amount being demanded during settlement negotiations.

The purpose of negotiation is to find a number that both sides can accept in light of those risks. Sometimes that number is far from where either side started. The willingness to continue communicating, evaluate new information, and compromise can make the difference between a case that settles and one that proceeds to trial.

Frequently Asked Questions

1. What is a Mandatory Settlement Conference in a California personal injury case?

A Mandatory Settlement Conference is a court-supervised settlement opportunity in which the parties and their attorneys attempt to resolve a civil case before trial. The parties are generally expected to participate in the process and make a genuine effort to reach an agreement.

2. Do I have to settle my case at a Mandatory Settlement Conference?

No. Although participation may be mandatory, you are not required to accept a settlement that you do not believe is appropriate. If the parties cannot reach an agreement, the case can continue toward trial.

3. Who decides whether my personal injury case settles?

The client ultimately decides whether to accept a settlement of his or her personal injury claim. Your attorney should provide advice about the strengths, weaknesses, risks, and potential value of the case, but the decision to settle belongs to the client.

4. Should I accept the insurance company's first offer?

Not necessarily. The first offer may be a starting point for negotiations rather than the insurer's best offer. Your attorney should evaluate the offer in light of the evidence, damages, available insurance coverage, litigation risks, and the overall circumstances of the case.

5. Why do lawyers exchange so many settlement offers?

Each offer and counteroffer can communicate information about how seriously each side is approaching settlement and how much flexibility it may have. Negotiations sometimes require several rounds before the parties reach a number that both sides consider acceptable.

6. What happens if the Mandatory Settlement Conference does not result in a settlement?

If the parties cannot reach an agreement, the case generally continues toward trial. An unsuccessful settlement conference does not mean the plaintiff has lost the case; it simply means the parties were unable to reach a mutually acceptable resolution at that point in the litigation.

7. Can a settlement officer force the insurance company to pay me?

No. A settlement officer can facilitate negotiations, identify risks, and encourage compromise, but cannot ordinarily force either side to accept a particular settlement amount.

8. Why might settling be better than going to trial?

Settlement provides certainty and avoids many of the risks and expenses associated with trial. Even when a plaintiff has a strong case, there is always uncertainty about how a jury will evaluate liability, medical evidence, credibility, and damages.

9. What should I discuss with my lawyer before the settlement conference?

Discuss the strengths and weaknesses of your case, the evidence supporting your injuries and damages, the arguments the defense is likely to make, available insurance coverage, and the range of settlement you would consider acceptable. You should also understand what risks you face if you reject a settlement and proceed to trial.

10. Is a Mandatory Settlement Conference the same thing as mediation?

They are similar in that both involve a neutral third party attempting to help the parties reach a settlement, but they are not necessarily the same process. An MSC is part of the court's litigation process, while mediation is generally a separate dispute-resolution process that can occur voluntarily or pursuant to court procedures.

Tell Your Doctor About Every Injury After a Car Accident

After a serious car accident, one of the most important things you can do is make sure your doctor knows about every symptom or injury that is bothering you. This is not the time to be tough, minimize your symptoms, or assume that something minor will simply go away. Your medical records will likely become important evidence in your personal injury claim, and if an injury is never documented, an insurance adjuster may later question whether the accident actually caused it.

I have handled many personal injury cases where clients tried to be brave and did not mention certain injuries to their doctors because they did not think the problem was serious or did not want to be a bother. Unfortunately, what seems minor to you can become important later. If you fail to mention an injury during your medical evaluation, there may be little or nothing in the medical records to establish that you were experiencing that symptom after the accident.

Key Takeaways

• Tell your doctor about every symptom you are experiencing after the accident, even if you consider it minor.
• Do not minimize your injuries because you think they will go away on their own.
• Medical records are important evidence in a personal injury claim, and omissions can create questions about causation.
• A symptom that appears minor immediately after an accident can become more significant later, so it is important to document it when you first notice it.
• Do not exaggerate or invent symptoms. Be completely accurate about what you are experiencing.
• Give your doctor a complete picture of your condition, including pain, stiffness, numbness, weakness, headaches, dizziness, and other symptoms you actually experience.
• A simple way to remember your symptoms is to work from head to toe when describing what hurts or feels different.
• If you later develop a new symptom, tell your healthcare provider promptly so it can be appropriately evaluated and documented.
• You are not required to claim every symptom as a permanent injury. The important thing is to accurately report what you are experiencing.
• It is generally better to have an accurate record of a symptom that later resolves than to have no record of it at all.

Why Is It Important to Tell Your Doctor Everything?

When you first see a doctor after an accident, you may be focused on the injuries that hurt the most. Perhaps your back is killing you or your shoulder is causing significant pain, while a mild headache, neck stiffness, or tingling sensation seems relatively unimportant. You may assume that the minor symptom will disappear within a few days and therefore decide not to mention it.

That can create a problem later if the symptom continues or becomes more significant. An insurance adjuster reviewing your medical records may look at the first examination and ask why a particular injury was not reported at that time. The adjuster may argue that the injury developed later or was unrelated to the accident, even though you were actually experiencing the symptom from the beginning.

This does not mean that an injury cannot be legitimate simply because it was not mentioned during the first examination. People do sometimes develop symptoms gradually, and medical conditions can evolve after an accident. However, documenting your symptoms accurately and promptly can make it much easier to establish the history of your injury.

Don't Try to Be "Tough" at the Doctor's Office

Some people have a tendency to minimize their injuries. They may tell the doctor that they are "doing pretty well" even though they are experiencing significant pain, or they may leave out a particular symptom because they don't want to complain. I have seen this happen with clients who simply did not want to make a big deal about what happened to them.

Unfortunately, your doctor cannot properly evaluate something you don't mention. Your medical records may therefore contain an incomplete description of your condition, and that incomplete record can later become part of the insurance company's evaluation of your claim.

Being honest with your doctor does not mean exaggerating your injuries. It means accurately describing what you are actually experiencing. If something hurts, tell the doctor; if something does not hurt, don't claim that it does simply because you believe it will strengthen your case.

What If an Injury Doesn't Seem Serious at First?

Sometimes an injury may seem insignificant immediately after an accident. Adrenaline, stress, and the circumstances surrounding a collision can make it difficult to appreciate every symptom right away. A person may focus on a major injury and barely notice a smaller problem until later.

For example, suppose you are involved in a significant collision and your shoulder is immediately painful. During your initial examination, you also notice some mild neck stiffness, but you assume it will disappear. If the neck pain continues or becomes worse, it is helpful if your medical records already reflect that you experienced neck symptoms after the accident.

Again, this does not mean that every symptom must be reported during the first visit or that a later-developing injury cannot be legitimate. The important principle is accurate and timely medical documentation. Tell your healthcare provider what you are actually experiencing at each stage of your recovery.

How Should I Tell My Doctor About My Injuries?

One simple technique is to work systematically through your body rather than relying on your memory to identify everything that hurts. Start at the top of your head and work downward: headaches, facial pain, neck pain, shoulder problems, arm or hand symptoms, chest or abdominal pain, back pain, hip pain, knee problems, ankle or foot symptoms, and anything else that feels different after the accident.

Also tell your doctor about symptoms that may not involve pain. Numbness, tingling, weakness, dizziness, balance problems, difficulty sleeping, or other changes may be medically significant even if they are not particularly painful.

Most importantly, describe your symptoms accurately rather than trying to tell the doctor what you think the diagnosis should be. Your job is to explain what you are experiencing; your healthcare provider's job is to evaluate those symptoms and determine what may be causing them.

What If I Forgot to Mention an Injury During My First Visit?

Don't panic if you forgot to mention something during your initial examination. If you subsequently notice a symptom or realize that you failed to mention something important, tell your healthcare provider at your next opportunity or seek appropriate medical attention if the symptom warrants it.

You should not try to alter or manipulate your medical history simply to improve your personal injury claim. Instead, explain honestly what happened and when you first noticed the symptom. Your doctor can then determine whether additional examination, testing, or treatment is appropriate.

A later-documented symptom may receive additional scrutiny from an insurance company, but that does not automatically mean the symptom is unrelated to the accident. The circumstances, timing, medical findings, and opinions of the treating professionals can all be relevant.

What If My Doctor's Records Don't Mention One of My Injuries?

Medical records are important evidence, but they are not necessarily a perfect transcript of everything that happened to you. Medical visits are often focused on the most significant complaints, and patients sometimes forget to mention symptoms or doctors may not document every detail of a conversation.

If a relevant symptom is missing from the records, however, the omission may give an insurance adjuster an argument about causation or severity. That is why it is so important to communicate clearly with your healthcare providers and review your treatment instructions and records when appropriate.

If you believe an important fact has been inaccurately recorded or omitted, discuss the issue with your healthcare provider rather than attempting to change the record yourself. Medical records should always remain accurate and truthful.

Can I Add an Injury to My Personal Injury Claim Later?

Potentially, yes. The fact that a particular symptom was not immediately recognized or documented does not necessarily prevent you from later seeking compensation for a legitimate injury. However, adding a new injury or symptom later can create questions about when the condition actually began and whether it was caused by the accident.

For that reason, don't deliberately leave symptoms out of your medical history because you think they are insignificant. At the same time, you should not report symptoms that you are not actually experiencing simply because you believe they will increase the value of your claim.

The best approach is straightforward: tell the truth, report your symptoms promptly, and allow your healthcare providers to evaluate them.

What If the Pain Gets Worse After My First Doctor's Visit?

It is possible for symptoms to change after an accident. Some injuries may become more noticeable over time, while others may improve quickly. If your condition changes or a new symptom develops, notify your healthcare provider and follow the appropriate medical recommendations.

Your subsequent medical records can then document the progression of your condition. This may be important in understanding whether the symptom represents a new problem, an aggravation of an existing injury, or a continuation of the original accident-related condition.

The key is consistency and honesty. Don't wait simply because you are worried that reporting a worsening symptom will make your claim look suspicious. Your health should come first, and your medical providers need accurate information to treat you properly.

Why Do Insurance Companies Care About the First Medical Examination?

Insurance companies frequently review the chronology of a personal injury claim. They may compare the accident date with the first medical visit, examine what symptoms were reported at that visit, and then compare those complaints with later medical records.

If a particular injury appears for the first time months after the accident, the adjuster may question why it was not reported earlier. Conversely, if the injury is documented shortly after the collision and continues to appear consistently in subsequent medical records, there may be a stronger documentary history supporting the claim.

This does not mean that insurance companies automatically accept everything contained in medical records. Adjusters will evaluate the entire claim, including the accident circumstances, property damage, treatment history, diagnostic findings, prior medical conditions, and other evidence. But accurate early documentation can eliminate one unnecessary source of doubt.

Don't Exaggerate Your Injuries

There is an important distinction between being thorough and exaggerating. You should tell your doctor about every symptom you genuinely experience, but you should never invent symptoms, exaggerate your level of pain, or claim an injury simply because you believe it will increase the value of your case.

Your credibility is extremely important in a personal injury claim. If an insurance company, defense lawyer, or jury discovers that a claimant has exaggerated one aspect of an injury, they may begin questioning other portions of the claim as well.

The safest approach is to be completely candid. Tell your doctor what hurts, explain how severe it is, describe what activities make it better or worse, and let the medical professional determine what the symptoms mean.

The Bottom Line

When you go to the doctor after a car accident, don't be brave—be honest and thorough. Tell your healthcare provider about every symptom you are actually experiencing, even if you think it is relatively minor or may disappear on its own.

You don't need to manufacture injuries, and you don't need to assume that every symptom will become part of a lawsuit. But if something is bothering you after an accident, your doctor needs to know about it so that you can receive appropriate medical attention and so that your medical records accurately reflect your condition.

Remember the simple rule: you can always tell your doctor that a symptom has resolved, but you cannot go back in time and accurately document what you were experiencing if you never mentioned it.

Frequently Asked Questions

1. What should I tell my doctor after a car accident?

Tell your doctor about every symptom you are experiencing that you believe may be related to the accident. This can include pain, stiffness, numbness, tingling, weakness, headaches, dizziness, or other changes in how you feel or function.

2. Should I tell my doctor about a minor injury?

Yes. If you are actually experiencing a symptom, it is generally better to report it accurately rather than assume it is too minor to mention. Your doctor can determine whether it requires treatment or further evaluation.

3. What if I don't mention an injury during my first doctor's visit?

You should not panic, but you should tell your healthcare provider when you subsequently notice or recognize the symptom. A later-documented symptom may receive additional scrutiny, but it does not automatically mean that the injury is unrelated to the accident.

4. What if my pain gets worse several days after the accident?

Symptoms can change after an accident. If your pain worsens or a new symptom develops, contact your healthcare provider and explain what has changed so that the condition can be appropriately evaluated and documented.

5. Should I tell my doctor about every symptom even if I don't think it is serious?

If you are experiencing the symptom, yes. You don't have to decide whether it is medically significant—that is part of your healthcare provider's job. Your responsibility is to give the doctor an accurate description of what you are experiencing.

6. Can an insurance company use my medical records against me?

An insurance company may review medical records when evaluating a personal injury claim and may use inconsistencies, prior conditions, or gaps in treatment to question causation or damages. Accurate and consistent medical documentation can therefore be important evidence in your claim.

7. What if my medical records don't mention one of my injuries?

An omission does not automatically mean that you did not suffer the injury. However, an insurance company may question a symptom that appears for the first time much later, which is one reason why promptly and accurately reporting your symptoms is important.

8. Should I exaggerate my injuries so they are taken seriously?

Absolutely not. You should be thorough but completely truthful. Exaggerating or inventing symptoms can seriously damage your credibility and potentially harm your claim.

9. How can I remember all of my symptoms when I see the doctor?

A useful technique is to work from head to toe. Think about your head, neck, shoulders, arms, hands, chest, abdomen, back, hips, legs, knees, ankles, and feet, and then consider other symptoms such as dizziness, numbness, weakness, or difficulty sleeping.

10. Can I recover compensation for an injury that wasn't immediately apparent?

Potentially, yes. Some injuries or symptoms may develop or become more noticeable after an accident. The important issue is establishing the connection between the accident and the later condition through the available medical and other evidence.

11. What if I was embarrassed or didn't want to bother my doctor?

Don't let embarrassment or a desire to be polite prevent you from accurately describing your symptoms. Your doctor needs complete information to properly evaluate and treat you, and accurate medical records can also become important evidence if you later pursue an injury claim.

12. What's the most important thing to remember?

Tell your doctor everything that is actually bothering you after the accident. Don't exaggerate, but don't minimize your symptoms either. Accurate, timely medical documentation can be extremely important both to your health and to your ability to establish an accident-related injury.

After a car accident, many people wonder whether they can settle the property damage portion of their claim before resolving their personal injury claim. In most cases, the answer is yes. Property damage and bodily injury are separate components of an accident claim, and it is common for the vehicle damage to be resolved while the injured person's medical treatment and personal injury claim are still ongoing.

In my experience, attorneys are often much less involved in the property damage portion of a personal injury case than clients expect. Many clients handle the property damage claim directly with the insurance company, with occasional guidance from their attorney. Whether you work with your own insurance company or the other driver's insurer, however, you should understand exactly what you are agreeing to before signing any settlement or release.

Key Takeaways

• You can generally resolve your property damage claim before your personal injury claim.
• Property damage and bodily injury are separate components of an automobile accident claim.
• Resolving your vehicle damage does not necessarily mean you have resolved your personal injury claim.
• Read any release carefully before signing it. Make sure it applies only to property damage if that is what you intend to settle.
• Be particularly careful with a general release, which may contain language affecting other claims arising from the accident.
• Your own insurance company may provide certain contractual protections that you do not have when dealing directly with the other driver's insurer.
• Using your own collision coverage may require you to pay a deductible initially, although your insurer may later seek reimbursement from the at-fault party.
• If you use the other driver's insurance company, you may avoid paying your own collision deductible, but you are dealing with an insurer that does not have the same contractual obligations to you.
• Keep copies of property damage estimates, photographs, total-loss documents, rental-car records, and settlement paperwork.
• If you have an attorney, have the attorney review any release before signing it, particularly if the document contains broad language releasing claims.

Can I Settle My Property Damage Claim Before My Injury Claim?

Yes. In fact, it is common for property damage claims to be resolved before personal injury claims. Vehicle repairs or total-loss issues can often be addressed relatively quickly, while a personal injury claim may remain open for months because the injured person may still be receiving treatment or may not yet know the full extent of the injury.

The two claims are related because they arise from the same accident, but they involve different types of damages. Property damage generally concerns the vehicle and related losses, while a personal injury claim concerns bodily injuries and damages associated with those injuries.

The important thing is to make sure that resolving the property damage portion does not inadvertently release your separate bodily injury claim. The language of the settlement documents matters.

Should I Use My Own Insurance Company to Fix My Car?

There can be advantages to using your own collision coverage to repair your vehicle, even when another driver caused the accident. The reason is contractual: when you have collision coverage, your relationship with your own insurer is governed by the terms of your insurance policy. Your insurer therefore has contractual obligations to you concerning covered losses.

For example, if your vehicle needs repairs, you may have a process under your policy for obtaining an estimate, selecting or working with a repair facility, and addressing disagreements about the scope or quality of repairs. You may also have to pay your deductible initially, depending on the circumstances and the handling of the claim.

Your insurance company may then pursue the at-fault driver's insurer for reimbursement through the subrogation process. If successful, your deductible may ultimately be recovered, although the timing and outcome depend on the circumstances of the claim and applicable insurance procedures.

What Are the Advantages of Using the Other Driver's Insurance Company?

If the other driver is clearly at fault and their insurance company accepts liability, you may be able to have your vehicle repaired through that carrier without paying your own collision deductible. The other driver's insurer may arrange an inspection, authorize repairs, or issue payment based on its evaluation of the damage.

There is, however, an important distinction. You generally do not have an insurance contract with the other driver's insurance company. The relationship is therefore different from the contractual relationship you have with your own insurer.

This does not mean that the other driver's insurance company cannot properly handle your property damage claim. It simply means that you should understand the difference between making a first-party claim under your own policy and making a third-party claim against the person who caused the accident.

Does Settling My Property Damage Claim Settle My Personal Injury Claim?

Not necessarily. Property damage and personal injury are different types of claims, and a property damage settlement can often be completed while the bodily injury claim remains open.

However, never assume that a document is limited to property damage simply because the adjuster tells you that it is. Read the actual language of anything you are asked to sign.

A release may contain broad language releasing claims arising from the accident, potentially including bodily injury claims. If you are pursuing a personal injury claim, you should understand exactly what rights you are giving up before signing anything.

What Is a General Release?

A general release is a legal document in which a person agrees to release another party from specified claims or liabilities. The scope of the release depends on its actual language, and some releases can be considerably broader than the particular payment being made.

This is particularly important when you are settling property damage shortly after an accident but are still treating for injuries. You don't want to unintentionally sign a document that releases claims you intended to preserve.

If an insurance company gives you a release to sign as part of a property damage settlement, read the entire document rather than simply signing where the adjuster indicates. If you have any question about whether the release affects your personal injury claim, have an attorney review it before signing.

What Should My Property Damage Settlement Say?

If you are settling only the property damage portion of your claim, the documentation should clearly identify what is being resolved. The precise language will depend on the circumstances and the document being used, so don't rely solely on a verbal representation that "this is just for the car."

You should also keep copies of the property damage estimate, photographs, repair invoices, total-loss valuation, rental-car records, and any settlement correspondence. These documents can be useful later if questions arise concerning the accident, the extent of the vehicle damage, or the amount that was paid.

If you have a pending bodily injury claim, make sure you understand whether the settlement paperwork contains any language concerning bodily injury, personal injury, medical expenses, or other claims arising from the accident.

What If My Car Is Totaled?

The same general principle applies if your vehicle is declared a total loss. You can generally resolve the vehicle's value and other property damage issues without necessarily resolving your bodily injury claim.

A total-loss settlement may involve questions concerning the vehicle's actual cash value, comparable vehicles, taxes and fees, salvage value, rental expenses, and other property-related issues. Make sure you understand how the insurer calculated the amount being offered and keep the supporting documentation.

Again, be careful with the settlement paperwork. A check for your totaled vehicle is one thing; a broad release of all claims arising from the accident is another.

What If I Still Need Medical Treatment?

This is one of the most important reasons why property damage and personal injury claims are frequently resolved separately. Your vehicle may be repaired or replaced relatively quickly, while your medical treatment may continue for weeks or months.

You may not yet know whether you have fully recovered, whether additional treatment will be necessary, or whether you have suffered a permanent injury. Settling the property damage portion of the claim does not necessarily require you to prematurely settle your bodily injury claim.

However, before accepting any payment or signing any document, make sure you understand what the payment is intended to resolve and what claims the accompanying paperwork releases.

What About Rental Car Expenses?

Rental-car expenses are generally associated with the property damage portion of the claim and may be addressed while your personal injury claim remains pending. Depending on the circumstances, the insurer may arrange a rental vehicle directly or reimburse you for reasonable rental expenses associated with the repair or total loss.

Keep your rental agreement and receipts, and understand what period of rental the insurer has agreed to cover. Disputes can arise over how long a rental vehicle is reasonably necessary, particularly when repairs are delayed or a vehicle is being replaced after a total loss.

If you are handling the property damage claim yourself, keep your communications with the adjuster in writing whenever possible. A clear paper trail can be valuable if there is later a disagreement about what the insurer agreed to pay.

Should My Personal Injury Lawyer Handle My Property Damage Claim?

It depends on the circumstances. In many personal injury cases, the attorney's primary focus is the bodily injury claim, while the client handles the vehicle damage directly with the insurance company.

That doesn't mean your attorney cannot provide guidance concerning the property damage claim. Your lawyer may be able to help you understand a release, identify potential problems with settlement documents, or explain how the property damage portion interacts with the overall accident claim.

The important thing is to communicate with your attorney before signing anything that could potentially affect your personal injury rights.

The Bottom Line

There is nothing unusual about settling your property damage claim before your personal injury claim. In many cases, that is exactly what happens because vehicle damage can be evaluated and resolved much sooner than bodily injuries.

The biggest warning is simple: don't confuse a property damage payment with a property-damage-only release. Before signing anything, make sure you understand whether you are releasing only your vehicle damage claim or whether the document contains broader language that could affect your personal injury claim.

If you are unsure, have an experienced personal injury attorney review the document before you sign it. A few minutes spent reviewing a release can be far more valuable than discovering later that you unintentionally gave up an important claim.

Frequently Asked Questions

1. Can I settle my property damage claim before my personal injury claim?

Yes. Property damage and bodily injury claims can generally be resolved separately, and it is common for the vehicle damage claim to be settled first.

2. Will settling my car damage claim prevent me from pursuing a personal injury claim?

Not necessarily. The critical issue is the language of the settlement documents you sign. Make sure any release is limited to the claims you actually intend to settle.

3. Should I use my own insurance to repair my car?

It may make sense to use your own collision coverage, particularly if you want to get the repair process moving quickly. You may have to pay a deductible initially, but your insurer may pursue reimbursement from the at-fault driver's insurer.

4. What is the advantage of using my own insurance company?

Your own insurance company has contractual obligations to you under your policy. That can provide protections that are different from those available when dealing directly with the other driver's insurance company.

5. Do I have to pay a deductible if I use my own insurance?

If you make a collision claim, a deductible may apply depending on your policy and the circumstances. If your insurer successfully recovers from the at-fault party, your deductible may potentially be recovered as part of that process.

6. What is a general release?

A general release is a document that releases specified claims or liabilities. Because the scope depends on its language, you should carefully review any release before signing it.

7. Can an insurance adjuster make me sign a general release to get my property damage payment?

You should not sign a document you do not understand. If you are still pursuing a personal injury claim, have the release reviewed before signing it so you understand exactly which claims you are releasing.

8. What if my car is totaled?

You can generally resolve the total-loss portion of your property damage claim while your bodily injury claim remains pending. Carefully review the valuation and, most importantly, any release associated with the payment.

9. Can I settle my rental-car expenses separately?

Rental-car expenses are generally part of the property damage claim and can often be addressed while the personal injury claim remains open. Keep your rental agreement, receipts, and communications with the insurer.

10. Should my personal injury lawyer handle my property damage claim?

Not necessarily. Many attorneys primarily handle the bodily injury portion while the client works directly with the property damage adjuster. Your attorney can nevertheless provide guidance, particularly concerning settlement documents and releases.

11. What should I do before accepting a property damage settlement?

Review the settlement paperwork carefully and determine exactly what claims the payment resolves. If you have a pending personal injury claim, pay particular attention to any language releasing bodily injury or other claims arising from the accident.

12. Can I repair my car through the other driver's insurance company?

Generally, you may be able to do so if the other driver's insurer accepts responsibility for the property damage. The process differs from using your own collision coverage, and you should understand the respective advantages and disadvantages before deciding how to proceed.

Why You Should Not Delay Consulting a Personal Injury Attorney After a Serious Car Accident

After a significant car accident, it is usually a good idea to understand your legal options sooner rather than later. Many people hesitate to speak with a personal injury attorney because they assume that hiring a lawyer will automatically reduce the amount of money they ultimately receive. In reality, an attorney can sometimes identify issues, preserve evidence, deal with insurance companies, and help you avoid mistakes that could substantially affect the value of your claim.

Another reason people delay is that they hope their injuries will simply improve with time. Sometimes they do, but other times pain or other symptoms become more apparent as the hours or days pass. If you wait to seek medical attention and then discover that your condition is not improving, the insurance company may point to the delay or gaps in treatment when evaluating your claim.

Key Takeaways

• Consider consulting a personal injury attorney promptly after a significant accident, particularly if you have substantial injuries, extensive property damage, or questions about who was at fault.
• Do not delay necessary medical care simply because you are hoping your symptoms will improve. Your health should come first, and timely medical evaluation can also create important documentation.
• Gaps between the accident and your first medical evaluation can become an issue when an insurance company evaluates whether your injuries were caused by the accident.
• Gaps in ongoing treatment can also affect a claim. If you stop treating without a reasonable explanation, the insurer may argue that your injuries were not as serious as claimed.
• An initial consultation does not necessarily mean you have to hire an attorney. A consultation can help you understand your options and decide whether legal representation makes sense.
• Attorney fees should be considered in relation to the value and complexity of the claim. Not every minor accident requires an attorney, while significant injury claims may benefit substantially from professional representation.
• Be careful about relying on statistics claiming that attorneys always obtain substantially more money for clients. The value of legal representation depends on the facts of the particular case.
• Preserving evidence early can be important. Photographs, medical records, property-damage estimates, witness information, insurance information, and other evidence can become harder to obtain as time passes.
• If the other driver's insurance company contacts you, understand what you are being asked to provide before responding. An attorney can help you determine how to handle statements, medical authorizations, and other requests.
• A consultation can provide peace of mind even if you ultimately decide to handle the claim yourself. Knowing your rights and responsibilities can help you make a more informed decision.

Why Do People Delay Hiring a Personal Injury Lawyer?

Many accident victims are understandably reluctant to involve an attorney. They may believe that hiring a lawyer means immediately filing a lawsuit, creating unnecessary conflict, or giving up a substantial portion of their recovery in attorney fees. Others simply assume that the insurance company will treat them fairly and that they can handle the claim themselves.

There is nothing wrong with wanting to resolve a claim efficiently and without unnecessary litigation. In fact, many personal injury claims are resolved without a trial. However, an early consultation with an experienced attorney can help you understand the potential issues in your particular case before you make decisions that could be difficult to undo later.

Does Hiring a Personal Injury Attorney Mean I Have to File a Lawsuit?

No. Consulting with or hiring a personal injury attorney does not necessarily mean that a lawsuit will be filed. Many personal injury claims are negotiated with the insurance company during the pre-litigation process and are resolved through a settlement without ever going to court.

A lawyer can communicate with the insurance company, gather medical and accident-related evidence, evaluate the available insurance coverage, and negotiate on your behalf. If the case cannot be resolved through negotiations, your attorney can explain the advantages and disadvantages of litigation and discuss the applicable deadlines and procedures.

Why Is It Important to Seek Medical Attention Promptly?

Your health should be the primary reason to seek medical attention after an accident. Some injuries may not be immediately obvious, and an appropriate medical evaluation can help determine whether you need treatment or additional testing.

Medical records can also become important evidence in a personal injury claim. If you wait a substantial amount of time before seeking care, an insurance adjuster may question whether the accident actually caused your symptoms. That does not necessarily mean a delayed claim is invalid, but the delay may create an additional issue that has to be explained.

How Can Gaps in Treatment Affect a Personal Injury Claim?

Insurance companies routinely examine the timing and continuity of medical treatment when evaluating injury claims. If someone claims to have significant ongoing pain but stops attending appointments for several weeks without an apparent explanation, the insurer may argue that the person improved during that period or that the injury was not as serious as claimed.

There can be perfectly legitimate reasons for gaps in treatment. Work schedules, transportation problems, financial concerns, insurance issues, improvement in symptoms, or a doctor's recommendation may all explain why treatment was interrupted. The important point is to communicate appropriately with your healthcare providers and follow their recommendations rather than simply abandoning treatment without explanation.

Is It Worth Paying an Attorney's Fee?

That depends on the circumstances of the case. An attorney's involvement can add value by handling negotiations, evaluating liability and damages, identifying available insurance coverage, organizing medical evidence, dealing with liens, and pursuing litigation when appropriate. But attorney representation also involves a fee, and for a very small claim, the cost of representation may not make economic sense.

This is one reason an initial consultation can be useful. An experienced attorney should be willing to explain the potential advantages and disadvantages of representation rather than simply promising that hiring a lawyer will automatically result in a larger settlement.

Do People Really Recover More Money When They Hire Lawyers?

There have been studies and surveys suggesting that represented claimants can receive larger recoveries than people who handle claims themselves. However, those figures should be treated cautiously because the cases handled by attorneys are often different from the cases people resolve on their own.

For example, people with more serious injuries, greater damages, disputed liability, or more complicated insurance issues may be more likely to hire an attorney in the first place. Those cases may also have greater potential value. Rather than relying on a specific multiplier or percentage, consider whether the circumstances of your particular claim are complicated enough that professional assistance would provide meaningful value.

What Can a Personal Injury Attorney Do for Me?

A personal injury attorney can investigate the accident, evaluate potential liability, identify available insurance coverage, gather medical and property-damage evidence, communicate with insurance adjusters, and negotiate a settlement. An attorney can also help identify issues involving pre-existing conditions, medical liens, lost wages, comparative fault, and other factors that can affect the value of a claim.

Perhaps equally important, an attorney can help you avoid mistakes. Statements to insurance adjusters, broad medical authorizations, incomplete medical histories, premature settlements, and improperly worded releases can sometimes create problems for an injured person's claim. Getting advice early can help you understand those issues before you inadvertently make a decision that affects your rights.

What If I Am Not Sure Whether My Injuries Are Serious?

You do not necessarily need to know the ultimate severity of your injuries before seeking advice. If you are experiencing significant pain, symptoms that persist or worsen, or other concerns after an accident, appropriate medical evaluation should come first.

You can also consult with an attorney simply to understand your options. You are not required to decide during the first conversation that you will file a lawsuit or retain the lawyer. The purpose of an initial consultation can simply be to understand what issues may exist and what steps you should consider taking.

Should I Talk to the Insurance Company Before Speaking With a Lawyer?

You should be cautious about providing extensive information to the other driver's insurance company before understanding your rights. The adjuster may ask for a recorded statement, medical authorization, photographs, medical records, or other information concerning the accident and your injuries.

The insurance company has a legitimate interest in investigating the claim, but it is not your advocate. Before providing a recorded statement or signing a broad medical authorization, consider having an attorney review the request, particularly if you have suffered significant injuries or the circumstances of the accident are disputed.

What If I Eventually Recover Without Hiring an Attorney?

There is nothing inherently wrong with handling a straightforward claim yourself if you understand the issues and are comfortable negotiating with the insurance company. Some minor injury claims can be resolved without an attorney, particularly when liability is clear, treatment is limited, and the available insurance coverage is adequate.

The important thing is to make an informed decision. If your injuries are significant, your treatment is continuing, liability is disputed, the insurance company is challenging your claim, or the potential damages are substantial, obtaining legal advice early may be particularly valuable.

When Should I Consult a Personal Injury Attorney?

As a general matter, the sooner you understand your options, the better positioned you may be to protect your claim. You do not necessarily need to hire an attorney immediately, but a timely consultation can help you understand important issues involving medical treatment, evidence preservation, insurance communications, potential damages, and applicable deadlines.

If you have been seriously injured, do not wait months hoping everything will resolve itself before finding out what your options are. A consultation can help you make an informed decision about whether you need representation and what you should be doing in the meantime.

What Should I Do After a Significant Car Accident?

First, address your medical needs and follow appropriate medical advice. Preserve photographs, vehicle-damage information, medical records, bills, witness information, insurance information, and other evidence relating to the accident.

Then consider obtaining legal advice, particularly if you have significant injuries or if the insurance company is already disputing your claim. An initial consultation can help you understand the process and determine whether hiring an attorney makes financial and practical sense for your particular situation.

Frequently Asked Questions

1. When should I contact a personal injury attorney after a car accident?

If you have suffered significant injuries, substantial property damage, disputed liability, or other complications, consider consulting an attorney promptly. Early advice can help you preserve evidence and avoid mistakes when dealing with the insurance company.

2. Does consulting a personal injury lawyer mean I have to file a lawsuit?

No. Many personal injury claims are resolved through negotiations with an insurance company without filing a lawsuit. A consultation can simply help you understand your options.

3. Will hiring a lawyer automatically increase my settlement?

Not necessarily. A lawyer may add significant value in a complicated or substantial claim, but attorney representation is not a guarantee of a particular recovery. The value of representation depends on the facts of your case.

4. Do I need an attorney for a minor car accident?

Not necessarily. A straightforward claim involving minor injuries and limited treatment may be something you can handle yourself. However, if the injuries are significant or the insurance company is disputing liability or the value of your claim, legal advice may be worthwhile.

5. Why does an insurance company care when I first saw a doctor?

The insurer may use the timing of your first medical evaluation to argue about whether your injuries were caused by the accident. A significant delay does not automatically defeat a claim, but it can create a causation issue that may need to be explained.

6. Can gaps in medical treatment hurt my claim?

They can. An insurance company may argue that unexplained gaps indicate that your injuries were not as serious as claimed. If treatment is interrupted for a legitimate reason, make sure the circumstances are accurately reflected in your medical records when appropriate.

7. Should I give the other driver's insurance company a recorded statement?

You should be cautious before providing a recorded statement to an adverse insurance carrier. Consider speaking with an attorney first so you understand what information you are being asked to provide and how the statement may be used.

8. What if I am not sure how much my injury is worth?

You generally do not need to know the value of your claim before consulting an attorney. A lawyer can evaluate the available information and explain the factors that may affect the potential value of your claim.

9. What does a personal injury attorney actually do?

Depending on the case, an attorney may investigate liability, gather evidence, communicate with insurers, obtain and review medical records, evaluate damages, negotiate a settlement, address medical liens, and pursue litigation when appropriate.

10. Is a personal injury consultation usually worth having?

​For a significant injury claim, an initial consultation can be useful even if you ultimately decide not to hire an attorney. It gives you an opportunity to understand the claims process, potential problems, and options before making important decisions.