There is an interesting trend that I must discuss today.  I got another call from a potential client.  He is confused because the insurance adjuster for the responsible party wants to have “coffee” with him.  The adjuster wants to “talk” things over with the client.  This tactic is usually done a few days after the accident.   Trust me…the insurance adjuster doesn’t just want to “talk” to you.  They aren’t interested in exchanging recipes, talking about family, or any other chit chat.  So why do they want to meet with you?  

Unfortunately, some insurance companies are encouraging their adjusters to wrap up their personal injury cases as quickly as possible by meeting claimants in coffee shops or other locations in an effort to get them to settle their case.  Generally, they will meet you and present you with a check of some small amount – usually much less than you deserve.  They will ask you to sign a release (so they can close their file).   Some people who don’t know better end up signing these releases, and they can’t come back if they later discover their injury was worse than they thought or the “settlement” doesn’t even cover their medical bills.  

Some insurance adjusters dangle the check in front of you like a carrot.   Please understand there is no “emergency” and you don’t have to settle your case right away!  In California, as of the writing of this blog entry, you have two years to file suit after an incident has occurred.  Therefore, you don’t have to settle anything right away, much less within a week of the accident!  Consult an experienced attorney first.  It’s in your best interest.   Let them dangle the carrot.  You certainly don’t need to take it unless you’ve explored your options with a lawyer.

It is important to obtain a property damage estimate on your vehicle after a car accident.  If your car has been damaged, make sure you get a property damage estimate for your vehicle, maybe even two.  Take it to a shop, a dealership, wherever you want to take it and make sure you get a detailed property damage estimate.

Sometimes people say, “Well it was a total loss.”  Well, a total loss doesn’t really mean much except that the value of the car was less than what it cost to fix the car.  So if you have a $1,000.00 vehicle, and you have $1,500.00 worth of damage to that vehicle, which isn’t very difficult to do by the way, you might have a “total loss.”  But that doesn’t really tell the attorney anything about what exactly was damaged in the automobile accident.  A detailed property damage estimate shows exactly what was damaged as a result of the accident.

Your property damage estimate is very helpful because it’ll show whether there was a any frame damage, any damage to the door frame, any damage to the axle of the vehicle, wheel alignment issues, etc., bumper support structures.  Those kinds of things, those kinds of bits of information in a property damage estimate can be very helpful to the attorney when they’re advocating for you.  So even if you’ve been told, “Oh, it’s a total loss,” see if you can get a property damage estimate nevertheless. 

If you’ve been injured in a car accident, you should get medical care right away.  Don’t wait around hoping that you’re going to feel better.  Sometimes people try to tough it out, and all they’re doing is hurting their own case.  The longer you wait from the date of the accident to when you first seek medical treatment, the more the responsible party, the insurance company for the responsible party, is going to doubt whether you had any injuries at all.  The insurance companies will use your delay against you.   

Make sure you keep track of all medical providers, and make sure that you seek medical care right away.   Also, every time you go to the doctor after a car accident, make sure you mention to the doctor why you’re there.  Some clients go to the doctor and say, “Oh, my back hurts or my neck hurts,” but they never mention to the doctor it was because of an automobile accident.  If you don't mention the accident, some insurance adjusters might say your treatment wasn’t related to the car accident.  Doctors can’t read your mind.  You have to tell them why you are there.   The insurance adjusters review your medical records very carefully. If something isn't documented, it's like it never happened as far as many adjusters are concerned.

Also, when you go to the doctor, make sure that you mention everything that bothers you - no matter how slight.  Start from the head and make your way down.  Make mention of all injuries to the doctor.  Some people try to "tough it out"  but all they’ve done is hurt their own case because they waited too long or failed to mention an injury.   This is not the time to be brave or stoic.  So make sure you are very mindful of what you are telling your healthcare professionals.   After all, they want all the information so they can provide you with the best care. 

Finally, when you seek medical care, you should let your health car professionals know how the accident has affected you.  Have you canceled travel plans? Are you having trouble sleeping? Trouble at work?  Does it hurt to walk or tie your shoes in the morning?  Is it difficult to shower?  What other difficulties are you having?  Insurance adjusters evaluate your injuries but they also take into account how the accident affected your life.  Again, they look to your medical records for that information.  If you don't articulate the information to your doctors, it won't be in your records and likely won't be considered.

So in review:

1) Make sure you seek medical attention right away.
2) Make sure you mention ALL your injuries, no matter how slight.
3) Make sure you articulate HOW the accident affected your life.
4) Keep your health care professionals informed and follow through with your care.
5) Talk to an experienced personal injury attorney about your options.  Your health is very important and should be your primary consideration.

One of the most difficult things that I do as a lawyer is managing the expectations of my clients.  This is especially challenging on personal injury cases.

Everyone remembers the famous TV commercial where an accident victim says, “Larry Parker got me $2.1 million!”  Of course, most people did not notice the man saying this famous expression was most likely sitting in a wheelchair after having been paralyzed by a car accident.  When a client comes into my office regarding a car accident case, I have to make sure they don’t have dollar signs in their eyes.  Recovering from an auto accident case does not involve becoming independently wealthy, obtaining a shortcut to retirement, or any other way to beat the system.

What the Law DOES Provide

The law provides compensation for reasonable medical expenses that were incurred due to the accident.  These are called special damages or economic damages.  In addition to this, in most cases, people can recover general damages or “non-economic” damages.  This is also sometimes known as pain and suffering damages.  Focus has to be on the word reasonable. 

What is “Reasonable”?

Clients who have $10,000 worth of medical bills are often surprised the insurance company for the other party doesn’t believe the treatment they received was worth $10,000.  In fact, insurance companies routinely examine every single charge from the doctor and hospital and test each entry for “reasonableness.”  They will compare each charge to what they believe is reasonable in that particular region of the country. 

In many cases, they use software to assist them with this task.  The trouble is, some insurance adjusters do not exercise enough judgment and place too much trust in such software.  In some cases, it is the luck of the draw! Some adjusters are simply more reasonable and open minded than others.  Some make it their mission to make your life miserable.  Others see the forest from the trees.

So keep in mind, recovering monetary compensation in a personal injury case is not anything like winning the lottery.  You need to get that out of your head.  If I sense that my client is trying to get rich from an accident, I will probably not accept their case.  They need to understand that the law is simply designed to attempt to make them as whole as possible.  It will never be a pleasant experience.  I tell my clients all the time, “You’re not going to walk out of this experience saying, Gee, wasn’t that terrific!  I wish I could do that again!”

As a personal injury lawyer in the Santa Clarita, CA area, one of the things I always have to make sure I do as a lawyer is clear any and all liens that might be attached to a person’s injury case.  Therefore, before I make a demand from the other party’s insurance carrier, I have to make sure all those parties and entities that might have a lien are resolved.  Here are some things to consider:

1. Did my client’s car insurance company pay any money for the medical treatment?  Many of my clients have something called “Medical Payments Coverage” under their own insurance policy.  In some cases, this “MPC” coverage pays for the medical bills.  If so, I have to make sure that we address their reimbursement.  Sometimes, they are willing to waive reimbursement under the right circumstances.

2. Did any of my client’s medical providers work on a “lien” basis? If so, they need to be paid for their services.  If the doctors work on a lien, that means they provided care with the anticipation they will be paid from a potential settlement.

3. Did my client’s health insurance company pay for any care?  If so, most health care companies have the right to reimbursement.  Therefore, those issues need to be addressed as well.

Before making a demand for settlement and/or actually settling my client’s cases, I have to address all existing and potential liens on the case.  Otherwise, my clients might be facing an unpleasant surprise later.

After an automobile accident, the insurance company for the other party will probably call you and ask you to give a recorded statement.  As a general rule, I am not in favor of giving these kinds of statements, especially so early on in the case. The sad truth is that the insurance adjuster doesn’t really have your best interests at heart. They will generally sound very sympathetic and express their desire to help you in any way possible. They will try to encourage you to give them a recorded statement, sometimes only a day or two after the accident has occurred.  In many cases, they are trying to box you into a story.

In some cases, the insurance adjuster will try to use your statements against you. They can easily get the police report and find out what happened so there is really no pressing need to speak to you.   Keep in mind you may not yet fully appreciate the extent of your injuries so soon after an accident.  If you don't report injury (the existence of an injury or the extent of an injury) then a later claim of injury may appear contradictory to your earlier statement. Some insurance companies actually have a policy that any information gained from the recorded statement can be used later to deny the claim or pay out less than the claim actually deserves. As the old saying goes, "anything you say can be used against you."

I usually tell my clients not to panic. There is no “fire in the barn” or other emergency that makes it necessary to give a statement so early on in the case.  I tell my clients to politely decline and tell the adjuster that you will call them when you are prepared to give a statement.  There is no need to get into an argument with the adjuster.  If you have a lawyer, then you don’t need to speak to anyone at all and your attorney will handle it. 

I spent much of my career as a defense attorney for the insurance companies. In my years of experience (as a defense lawyer and plaintiff's lawyer), I have rarely found it to be helpful to give a statement to the opposing party’s insurance company so early on in the case.  Your first order of priority is protecting your interests and making sure that you get the medical care that you need.

There are times when giving a statement is necessary or prudent.  If you are talking with your own company, then you probably have to cooperate with them.  They are usually on your side as they have a duty to you that the other insurance company simply doesn't have.  However, you should still be careful what you say as it may come back to haunt you.  Speak to an experienced lawyer first.  You have nothing to lose.  Learn what your rights are first before you make a decision to speak with the insurance adjuster.

Whenever I meet with personal injury clients for the first time, I impress upon them how important it is to seek medical treatment as soon as possible after an injury has occurred. But also I impress upon them the importance of making sure they attend every single treatment session and doctor’s examination. Insurance companies routinely examine medical records with a magnifying glass. Although insurance adjusters are not medical doctors, they are looking for signs they can use to minimize your claim. The first one that I’ve mentioned before is the gap from the date of the accident to the date of the first treatment. How much is too much time? In my experience, if you wait more than 10 days before you seek active care from a medical provider, you’ve probably created some problems for your case.

However, also very important is to make sure you keep all your appointments. We are all very busy people with busy lives. We have jobs that demand a great deal of our attention, spouses who demand time from us, and children who certainly need our attention. However if you skip appointments and there are significant gaps between treatment sessions and significant gaps between examinations, the insurance company will use those gaps against you as evidence that the injury wasn’t bad enough for you to go the doctor on a regular basis.

Keep in mind, from the date of the accident you entered into a war between you and the insurance company for the other party. They are not your friend, and there are rarely there to help you. They are there to save the insurance company as much money as possible. They will do that by using every trick in the book including examining your start date for treatment as well as using any major gaps against you. Canceled appointments at the doctor’s office and gaps between treatment sessions can come back to haunt you when it comes time to settle your case.

If you need assistance with after your car accident or help with a personal injury case, call personal injury attorney Robert Mansour for a candid evaluation of your matter.

After an accident, tell your doctors of your injuries RIGHT AWAY!!! Don’t wait! The longer you wait, the more like it is the other party will doubt your claim for injury. It’s NOT the time to “tough it out” or “see how you feel in a few days.” Right now, I have a client with a torn rotator cuff who is being raked across the coals by the insurance company because he waited 2 weeks to mention the pain to anyone!

By the same token, if you are not injured, and you are certain that you are ok, then there is no need to involved a medical evaluation.  However, if you are indeed hurt after an automobile accident, this is not the time to be brave.  Your bravery can come back to haunt you.  Therefore, at the very least, go get examined by a doctor and make sure you don’t have any serious injuries.  I’ve had clients postpone their care only to find they actually had a serious injury.  Try convincing an insurance adjuster that you didn’t discover the injury until weeks later and that it is indeed related to the accident.  Your delay only serves to hurt you.

If you have a car accident case, you better have some visible property damage.  I had a client call me recently.  He got bumped in a parking lot.  When I asked him about the extent of the property damage, he explained that it was hard to actually see the damage.  In fact, his car looked just fine.  However, he explained that the bumper was damaged and one would be able to better understand the damage once the bumper was removed and examined more closely.  I told him that juries don’t want to examine bumpers closely.  They want to easily see the damage to your vehicle.  Juries don’t want to “work” to see your property damage.  They don’t want to squint.  If they have to squint to see the damage, then it is going to be a very uphill battle to persuade them the impact was significant enough to cause injury. 

I’ve done enough jury trials to know that if the jury can’t see damage to your car, then 98% of the time, you’re going to lose your case no matter how significant the impact was.  I’m not saying it’s fair….I’m saying it’s just the way things are. 

I’ve spent much of my career as a defense lawyer.  I never lost a trial where the plaintiff had no visible property damage…no matter how hard they tried to explain things.  That is why I can’t take a personal injury case unless there is some degree of visible damage.  Of course, take pictures of any physical injuries you have as well.

After a car accident, you are certainly free to use your own health insurance company to pay for your health care costs.  In many cases, by using your own health care provider, your case becomes more “credible.”  Sometimes, claims adjusters and juries frown on “attorney-referred” doctors.  They infer, usually incorrectly, that the attorney is running the show and sending their client to doctors.  However, in some cases, that is the only the option a client has if they don’t have their own insurance.  Also, some clients have to wait weeks or months before they can see a doctor due to their particular insurance plan.  By using a doctor who is attorney-referred, a client can usually get medical attention much faster.  When you see a doctor on a lien, the doctor is essentially deferring his/her payment until you recover money from the responsible party.   Once you settle your claim, the doctor’s office will expect payment.