Blog Archives

Fixing your car after a car wreck

10/12/2022

After a car crash, you might be wondering about how to fix your car. If you have collision coverage under your own automobile insurance policy, you can have your company fix your car. However, you will usually incur a deductible if you do so. That means you have to pay the first $500 or $1000 in costs to fix the car (these are common deductible amounts).

Eventually, your insurance company will typically go after the responsible party's company for reimbursement of what they paid to fix your car. They will also typically pursue reimbursement of your deductible. Therefore, while you may have to fork out the deductible at the beginning, you should eventually get a refund from your insurance company a few weeks later. Sometimes it takes longer so be mindful and check in with your insurance company periodically about the refund.

If liability is clear, the responsible party's insurance company may also fix your car expediently. Give them a call and make a property damage claim. Don't get into a discussion about your injuries. Be civil and keep it about the property damage. If liability is clear, there shouldn’t be much investigation to do, and you can take your car to one of their approved body shops (although you have the right to take it to any shop you want). It has been my experience that using the approved shops of the insurance company is usually fine, so long as they are reputable.

If you use a shop that has not been vetted by the insurance company, it just may take longer to get your car fixed. It’s really up to you but you should weigh the pros and cons of each approach. If you utilize the other insurance company, you won’t have to incur a deductible. What I usually advise clients to do is to use the responsible party's company when liability is clear. If it’s going to take too long, and you need to get their car fixed as soon as possible, you may want to utilize your own insurance company because that may be quicker and more efficient in the long run. Of course, each situation is unique and these general rules don’t always apply. Feel free to reach out to our office for advice if you need to.

How gaps in medical treatment affect your personal injury case

10/5/2022

VIDEO TRANSCRIPT:

Hello everybody! This is Robert Mansour. I wanted to make a brief video today to address something called the gap. The gap is the gap between the date of the accident and the date that you start actively getting medical treatment for your injuries from that accident. If the gap is too long, say, 2, 3 weeks, the insurance adjuster and the insurance company is going to use that against you.

They're going to say, "You weren't hurt all that bad. If you were hurt that bad, you would've gone to the doctor, you would've gotten care, et cetera." The fact that you waited 2 or 3 weeks, or in some cases, I have cases where the clients don't go for months, and then they call and it's too late at that point, it looks really, really bad. They might be hurt for sure, but their behavior was not congruent with their allegation of injury.

The other gap that is sometimes used against you is if you miss treatment sessions. Let's say you're getting physical therapy for your car accident case and it's helping, but you cancel some appointment, you reschedule them, you don't show up, you're a no-show, then your treatment looks very sporadic and there are tremendous gaps between the treatment sessions or between evaluations from a doctor. Those gaps will also be used against you.

Please understand, it is not only in the best interest of your personal injury matter, but it's also in the best interest of your health to make sure that you get appropriate treatment for your injuries, and that you're proactive about it. I hope this has been helpful. My name is Robert Mansour. Please visit my website ValenciaLawyer.com for lots more educational material about personal injury cases. Thank you.

Fractures from accidents

10/5/2022

There are many different kinds of fractures one can suffer when involved in a serious car accident. There are four major categories - displaced, non-displaced, open and closed.

A displaced fracture is when the bone breaks and is therefore misaligned. A non-displaced fracture, while it can be very painful, is less serious. The bone basically maintains its alignment and in many cases can heal naturally over time. A closed fracture means the bone is broken but did not break the skin. An open fracture, probably the worst, is when the bone breaks and actually penetrates the skin. If there is serious trauma from a car accident, one can potentially suffer an "open" fracture. This is especially frightening and traumatic because the bone actually penetrates the skin. An open fracture often requires surgical intervention.

There are also specific characterizations of different fractures.

The first type of fracture is commonly known as a single fracture. That means the bone was only broken in one place versus broken in several places.

A transverse fracture is when there is a fracture a "right angle" to the bone.

An oblique fracture is when the bone has a bend to it - a curved or sloping pattern.

A comminuted fracture is when the bone has been broken (shattered) into several pieces. Not a pleasant thought to say the least!

The next type of fracture that can occur from a serious accident is known as a "complete" fracture. A complete fracture is when a bone is clearly broken into two pieces.

A common type of fracture from car accidents is known as the "hairline" fracture. This occurs when there is a "fine" and minor crack in the bone. This is a common non-displaced fracture. Usually this can be very painful but often heals over time without surgical intervention. It is important your doctor monitors your progress and you allow your body the time to properly heal. If it doesn't heal properly, there are circumstances when a person can experience residual pain for many months or years. Sometimes, x-rays don't catch these types of fractures, and doctors may diagnose a hairline fracture based on clinical symptoms, history given by the patient, and other indicators.

When the bone is broken on only one side and doesn't go across the entire length of the bone, it is called a "greenstick" fracture.

Obviously, any fracture can be very painful and should be attended to quickly. Some people try to "tough it out" after a serious auto accident. You should seek medical attention right away, especially if your symptoms aren't getting better. Talk to an experienced personal injury lawyer about your legal options.