A To -Do List

• What are the most important things for me to do right after the automobile accident to protect my personal injury claim?
• What should I NOT do after my automobile collision?

Frequently Asked Questions

1) What are the most important things for me to do right after the automobile accident to protect my personal injury claim?

A) One of the important things to do is to contact the CHP or other applicable law enforcement agency immediately and request that an officer be dispatched to do an investigation and to prepare a report. If you can not get this accomplished be sure you get the name, address and telephone number of any and all independent witnesses. Also, you might see if you can persuade the negligent party to write out on a piece of paper how the accident occurred or even to expressly admit fault. This is sometimes possible when the negligent party is afraid of police involvement and thereby can become surprisingly cooperative. If you are able to secure this make sure the paper is dated and signed.

B) Another important thing to do if you are injured is to get prompt medical attention. You should strongly consider going to the nearest hospital ER where you can be given an examination by an M.D, receive x-rays and pain medications. If you fail to get prompt medical attention the insurance adjuster and defense attorney on the other side will use this fact to make the contention that you must not have received anything greater than minor injuries. If your injuries are significant the last thing you would want to do would be to hand the opposing insurance adjuster, or the defense attorney, ammunition that he or she will surely use against you to deny or minimize your claim. In short, go to the doctor promptly and do this even before you give thought to hiring an attorney.

C) If your injuries are significant enough to justify pursuing a claim for compensation you must obtain good follow-up medical care. An intensive course of treatment not only strengthens your personal injury claim but also enhances your prognosis for a full recovery. One way to do this is to get your M.D. to give you a prescription for a course of physical therapy. Another way is to undergo a course of treatments provided by a chiropractor that specializes in treating traumatically caused auto accident injuries. The major caveat here is that the nature, extent and cost of your medical treatment must be “reasonable” and this must take into account the magnitude of the physical forces at work at the time of the collision. This is a complex and important legal issue that you should ideally discuss at the Landis Law Firm or with another qualified personal injury attorney.

D) Take numerous photographs with a quality camera in good light (not in the shade) of your damaged vehicle, including several close-up shots centered on the area showing the most impressive damage. Make sure that at least one photo shows the license plate. This should be done before the body shop begins any repair work.

E) You probably should not go to work immediately after your accident if you are in a lot of pain. If you have sustained significant injuries your body will need a lot of rest to promote the healing process. Also, if you do go back to work immediately it will give ammunition to the insurance adjuster or defense attorney who will later contend that your injuries must have been very minor or else you would have been incapable of immediately returning to work. If you do miss work and your doctor confirms that you were too injured to return to work you would almost certainly get compensated later for your lost earnings. Moreover, your entire personal injury claim will not be subject to the kind of unfair attack by the insurance adjuster that is described above.

F) Finally, another important thing to do would be to contact the Landis Law Firm today for a free consultation.

2) What should I NOT do after my automobile collision?

The main thing that you should NOT do is to give a tape- recorded interview to the adjuster representing the insurance company of the negligent party. You have no legal obligation to provide any kind of statement to the adjuster and there are several good reasons why this is inadvisable, one of which is that symptoms often develop after a lapse of time. For example, if you give a tape- recorded interview two days after the accident and a new symptom develops on the third or fourth day you obviously will not have mentioned the new symptom in the interview. The adjuster and defense attorney would then exploit this omission with the assistance of their medical expert to attack your credibility. They would not be able to take this kind of cheap shot against your credibility if they lack a tape- recorded interview.

3) Is there a problem if I did not have liability insurance coverage on my own vehicle at the time of the accident, even though the other party caused the accident?

Yes, under Proposition 213 enacted by the voters of California a few years ago if you were operating your vehicle that was uninsured at the time of the accident you will not be able to collect compensation for your pain and suffering (so called “general damages”), however you would still be entitled to recover compensation for your “out- of- pocket economic damages” such as lost wages and your medical bills. Fortunately, the law does not bar a passenger in an uninsured vehicle from collecting full compensation for all damages including for pain and suffering.

4) What is “Med-Pay” and how can I find out if I have it?

Most people who purchase car insurance also purchase “Med-Pay” because there is a very small additional premium for such coverage. If you have “Med-Pay” that is a very good thing because you can (and should) have your insurance company pay for your accident related medical expenses as they are being incurred. Then, later on when a settlement is achieved with the negligent party’s insurance company, you will get your medical expenses paid a second time. To find out if you have “Med-Pay” you can check the declarations page of your insurance policy. If you have such coverage it will also show the limits, such as $2500.00, $5000.00 or some other amount. If you cannot locate the declarations page of your policy you can call your insurance agent and ask for information about the kind of coverage you have.

5) I am worried that if I have my own insurance carrier pay my medical bills under “Med-Pay” they might later raise my insurance premiums, so why can’t I just have the negligent party’s insurance carrier pay my medical bills as they are being incurred?

The negligent party’s insurance carrier will normally refuse to pay any of your medical bills until after you have agreed to an overall settlement of your entire personal injury claim and after you have signed a General Release. The reason that the negligent party’s insurance carrier delays payment of your medical bills is that they want to increase the financial pressure upon you in the expectation that it will increase your motivation to resolve your entire claim and to sign a full General Release. It is important to note that if you have your own insurance carrier pay your medical bills under “Med-Pay” your insurance carrier will not raise your insurance rates if the accident was not your fault. It is also important to note that the Landis Law Firm will never charge a fee upon money you receive from your own insurance carrier under your Med-Pay coverage.

6) Unfortunately, I do not have “Med-Pay” coverage, and my doctor will only treat me if I pay for each treatment at the time of service which I cannot afford to do because my financial situation is already severely strained, so what can I do?

If you retain a personal injury attorney such as Christopher Landis in the Landis Law Firm this type of problem will be quickly resolved. As soon as you have retained your attorney you will have the possibility of getting your medical treatment provided on a “lien” basis.   Medical treatment rendered on a lien occurs where your attorney promises your doctor that he will directly pay the doctor’s bills from the attorney’s trust account at the time of the settlement. Basically, the doctor is willing to render service on a credit basis when assured by the attorney that you have a good legal claim and that the attorney will honor the lien at the time the claim is resolved. This is a “win-win” situation for both you and your doctor. Because the Landis Law Firm has an unblemished record over several decades of honoring its promises there are a large number of doctors willing to provide medical services on a lien basis to its clients.

7) What is included in my property damage claim and how and when does it get resolved?

When you are in an auto accident caused by someone else’s negligence that party’s insurance carrier is obligated to either repair your vehicle or replace it, whichever costs less. For example if your car was worth $3,000.00 just before the accident and the auto body repair shop estimates that it will cost 4,000.00 to repair your vehicle your vehicle is considered to be a “total loss” and the insurance carrier owes you $3,000.00 plus towing and storage costs, plus pro-rata taxes and license fees plus a rental vehicle from the date of the accident until they pay you for your loss. If your vehicle was tot totaled you are entitled to have the repairs done by the auto body shop of your choice. You are also entitled to be provided with a comparable rental vehicle while your vehicle is being repaired or be paid the reasonable value of that cost if you elect not to actually get a rental vehicle. Your property damage claim can usually be resolved shortly after the accident even though your personal injury claim will usually take quite a bit longer. If you have “Collision Coverage” you can either have your own insurance company cover your property loss claim (and then they would seek reimbursement from the negligent party’s insurance carrier) or you can elect to present the claim directly to the adjuster representing the negligent party. If you choose the second option you will usually be required to sign a Property Damage Release. Before you sign such a release make sure that your vehicle has been fully repaired and that you have been compensated for your rental car. Most important, make sure the release does not include your personal injury claim but rather covers only your property damage claim. If you have any doubt make sure you consult an attorney before you sign the release.   Please note that the Landis Firm will never charge a fee on your property damage claim but will give you free advice on how to resolve it as long as you have retained it to represent you on your personal injury claim.

E-mail: Contact Us

Christopher A. Landis, Attorney at Law
Santa Cruz, California, Personal Injury Lawyer

1414 Soquel Avenue, Suite 209
Santa Cruz, CA, 95062
Phone: 831-423-9393