SO you have insurance that protects you in the event of an accident. Good. God forbid that you have to use it, but if you do, do you know how to go about getting the full benefits of your policy? If you have to claim against the insurance company of another person responsible for the accident, is it wise to deal with them directly?
It is one thing to get the company to pay for car repairs. It is quite another thing to have them pay for the medical expenses or the loss of earnings you incurred or the pain and suffering you underwent as a result of injuries from the accident.
Make no mistake about it. Your interests are different from the insurance company’s. You want to get paid for the full value of your claims. The company, on the other hand, would like to pay you as little as possible. Below are some of our thoughts based on over 20 years of insurance litigation practice:
1. Get immediate medical help. The most important consideration is your health and those of your family. Paramedics may provide emergency treatment at the scene or take you to the nearest hospital. If not, gosee your doctor for immediate medical assistance. Musculo-skeletal injuries that usually accompany accidents are not outwardly visiblebut still need medical attention to determine the need for treatments. Some injuries, like traumatic brain injuries, may manifest themselves at a later time. The doctors are in a better position to know if additional diagnostic tests are necessary.
2. Gather information. Obtain the name, driver license, license plate, address of other driver/s at the scene, and their insurance carriers. Get the contact information of all possible witnesses. Take photos of the scene and the cars involved. If you slipped and fell in a property, have someone take a photo of the premises and the surface before it is ever altered or changed.
3. Document your injuries and damages. Were you confined in the hospital, lying in bed for days? Were you provided with a wheelchair or a walker to assist you in moving around the house? Was any part of your body placed in a cast or brace? Did you have discoloration in your skin due to bruises or lacerations? Was it difficult for you to rise up from your chair or walk? The photographs or video footage taken of these conditions paint a thousand words and more than all the description anyone can provide. They provide value to your claim.
4. Pay attention to the liens and subrogation.The fire department, paramedics, emergency doctors, hospitals – all these providers would need to be paid for the services they rendered. These providers may now have an interest in any monetary payments made to you by insurance companies and may put a lien on your recovery.
Your health insurance may have also paid part of your medical bills. Hence, they will assert their rights to subrogation. Subrogation arises when an insurance company tries to recoup the money it paid out on a claim when another party should have been responsible for paying at least a portion of that claim. These entities would have to be dealt with.
4) Seek experienced legal help. It pays to hire an experienced attorney to prove liability and damages to your benefit. Dealing with the insurance company does not only mean establishing you were not at fault for the accident. It also means proving that your injuries, both present and future, were caused by it. This requires skilled investigation, gathering witnesses and documents, and the hiring of a team of experts in the areas of physics, engineering and medical science. Seek an attorney who has presented these evidence and tried these cases in court. You may not have to face these battles in court but it is important to have someonewho is prepared for it. You will realize the other side will provide more value to your claims.
As we have said before, when it comes to insurance claims, you do not get what you deserve. You get what you fight for!
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
( Published July 10, 2010 in Asian Journal Los Angeles p. C3 )
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