injury settlement

Neck and Back Pain After a Car Crash: What to Do

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

If you were involved in a car crash and are suffering from pain in your neck and/or back, you may be wondering what, if anything, you can do to make the pain go away. For some lucky individuals, taking a few painkiller pills and getting good rest is enough for whiplash symptoms to go away. These are the lucky few. For most people, severe whiplash following a car accident can lead to months and sometimes years of neck and back pain. To add insult to injury, if the car crash wasn’t your fault, you’re now stuck with the headache of getting your car fixed, and face a potentially long road of physical recovery.

See a Doctor

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

The severity of your back pain may be difficult to diagnose by yourself. For example, strained muscles may very well heal on their own without significant medical treatment. However, if you have suffered damage to the vertebrae in your spine, you may not get better without medical treatment. Only a doctor that can give a qualified examination and order the appropriate diagnostic studies such as x-rays and MRI scans will be able to figure out what is going on in your back and neck. To make matters more difficult, many people suffer acute pain for a variety of injuries to their back, not being able to differentiate between the injuries. Some of the pain may go away, some may get worse.

Many people injured in car accidents are afraid to ask their attorney or their medical doctor for advice regarding treatment because of their insurance situation. Many people have high deductibles, or do not have health insurance. If you were not at fault for the car accident, a good lawyer can make sure you are able to receive the care you need. After all, you wouldn’t require medical attention if not for the negligence of someone else, so many personal injury law firms are able to help point you in the right direction. At the very least, you should go to an urgent care office to get checked out.

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Attend All Treatment

Most doctors prescribe a regimen of treatment to address your injuries following a car crash. This often includes physical therapy, chiropractic care, massage therapy, possibly acupuncture, and a variety of other treatment options. These options are for what are called “soft tissue injuries,” and many people benefit from this treatment.

One way that insurance companies deny payment for medical treatment is by saying the patient was non-compliant with the treatment the doctor prescribed. If the doctor says attend three chiropractic appointments a week for six weeks, but you only attend three appointments total, you’re unlikely to have future treatment paid for. Do what the doctors tell you to do. Your attorney will make sure the bills are paid for, but can only do this if you attend all your appointments and are in all ways compliant with the doctor’s treatment plan.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

Keep a Treatment and Pain Journal

Pain affects everyone differently. For some people, a 2-3 mm disc bulge in their spine will be immensely painful; for other people, the same injury will not bother them much. For this reason, insurance adjusters often justify low settlement offers by trying to categorize your injury with the “average” pain and suffering involved in such an injury. There is no “average” injury, of course, when it comes to your health. Your financial recovery should not depend on how much pain other people feel. For this reason, if you keep track of your pain levels in a notebook, you can track the ways in which your injury have affected your life, and later use this to prove to insurance adjusters that you were in fact injured, and that the consequences of their insured’s causing an accident have affected your day to day life.

Call an Injury Attorney

Not many people want to get lawyers involved in their problems. The challenge with injury cases is you usually don’t have experience or an understanding as to how the claims process works. Thus, you don’t know what you don’t know, and are at a severe disadvantage when it comes to knowing whether you’re getting taken advantage of, or whether the insurance company is treating you fairly. Ask a lawyer who practices injury law your questions. You will have a better understanding of how the claims process works. Just because you call a lawyer does not mean you have to sign up with a lawyer and take your case to trial. In fact, the involvement of an injury lawyer in your case may mean you’re less likely to end up in court. Why? Because insurance companies know that if a good lawyer is involved in representing you for your injury, they are often better off playing fair and paying you a fair settlement for your claim than going to court.

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Think Long Term

If you hurt your neck or back following a crash, you may have a day where you feel better, followed by several days of pain. You’re unlikely to feel the same way every day. This means you have to think long-term about the severity of your injury. Will you feel better in a month? Will you feel better in a year, or in ten years. Will you ever feel better? Remember that the person who caused the crash is legally responsible for making you whole again. That means you should be put back in the position you were in before the crash, both financially and physically. The law protects the injured for their long term health, but you have to do your part to think ahead. You can’t simply decide a year after a car accident that you’re still in pain and start going to the doctor and expect the at-fault driver’s insurance company to pay for your medical treatment. You have to think long term from day one, or as close to day one (the date that you were injured) as possible.

Car Accident Injuries & Medical Bills: What Insurance Will (and will not) Pay

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The range of injuries that result from car accidents varies greatly, from minor scuffs and bruises, to catastrophic injuries that require extensive hospitalization, surgery, and other intense medical treatment. If you were injured in a car accident in California, the laws essentially state that you are entitled to be made whole again, or to receive the medical care necessary to bring you back to the same state of health you were in prior to the car crash. The person who hit you is responsible for paying these medical bills, in general, but there are many "loopholes" that make getting full payment of your medical bills paid for difficult or impossible. 

How Does Insurance Evaluate Medical Care?

An injured person is expected to pursue reasonable medical treatment to care for their pains and ailments. What is reasonable? The answer to that question is, of course, subjective and it depends on who you ask. Generally speaking, medical care is considered reasonable by insurance adjusters if it happens at an appropriate time in relation to the car accident, the number of visits are within a normal range, and the cost of the care is within what insurance companies define as "industry standard." Some insurance companies are more strict than others when defining a price point for industry standard, which means they will not pay for treatment over a certain dollar point, regardless of where you live or how soon after your car accident you sought medical treatment. This situation leads many injured people to seek the advice of an injury attorney, even just to review their case and get advice on how to move forward.

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The Cost of Medical Treatment

Some insurance companies look to what Medicare accepts as "normal" pricing for a medical treatment or procedure. Obviously this is the lowest number possible for any given medical care, and the average car accident victim is unlikely to receive any medical treatment at the Medicare price. Does this mean you have to shop around endlessly to find the absolute cheapest medical care to treat your injuries? No. It may mean you'll benefit from the representation of a lawyer who practices car accident law, or an injury law firm that can assist you in finding access to medical care that will get you on your way towards full health. A good lawyer will fight to make sure you get your medical bills paid for and also compensation for pain and suffering.

Sequence Matters in Medical Treatment

Another way in which medical bills are slashed or denied by insurance companies is by the insurance adjuster claiming there was a "gap in treatment," or improper sequencing of care. This means that if you are hurt, you need to get help right away, and then follow the advice of your doctor. If you're injured, you need to first see a qualified doctor, and then follow the regimine the doctor prescribes you until you are better. If you take long breaks in-between treatment, you may find it difficult or impossible to get your bills paid for due to gaps in treatment. Similarly, if you know you require surgery, for example, you can't just delay getting the surgery for months and years. At some point, and it varies case by case, the insurance company will say the surgery is not related to the initial accident, and they will deny liability to pay for the operation. Sequence matters. This means you should seek the opinion of someone able to give an assessment of your injuries or ailments, like the kind of doctor visit you might get at an emergency room, at an urgent care, or through your primary care doctor. Then, you're expected to follow the advice of the doctor. For example, if the doctor says you need 25 visits of chiropractic care, you will be expected to go to a chiropractor and receive that amount of care.

Chiropractic care can be especially tricky when seeking payment for your medical bills from the insurance company of the individual liable for the accident and your injuries. Most insurance companies will balk at paying for more than 25 visits, unless specifically prescribed by a doctor not affiliated with the chiropractor's office. After 25 visits, if you are still injured, you'll be expected to seek additional treatment, something more advanced, such as an MRI, or a visit with a pain management office, or a specialist that deals with the body part(s) you've suffered injury in. 

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Don't Accept Pennies on the Dollar for your Bills

Some people injured in a car crash or other injury that was not their fault feel helpless when the insurance adjuster offers them a couple hundred dollars to pay for large bills. Feeling helpless, they don't know what to do and accept the money, thinking something is better than nothing. This plays perfectly into the insurance companies' strategy: if you offer ten people a very small settlement, at least seven or eight of those people will either go away, or eventually accept it. Dollar for dollar, this is their best bet, and they save the most money by doing this. What the seven or eight people who accept this offer do not know is that if they're offered $500, there is likely at least a couple thousand dollars available to pay for their bills, but they don't know how to get it.

Getting to a "Fair and Reasonable" Settlement for Your Injury

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If you weren't at fault, but you were injured, you deserve compensation to pay for your bills and for your pain and suffering. While the law says you deserve this, and there are tens of thousands of cases where this happens, most people don't know how to go about getting this money, and without the assistance of an experience and trusted injury law firm, you're very unlikely to get the money you deserve for your injury. Experience matters in injury law, and the representation of a good lawyer will, in almost every case, mean the injured person walks away with more money in their pocket and their medical bills paid for, than if they try to negotiate on their own. This has nothing to do with how smart the injured person is or how good a negotiator he or she is. If you don't know what your case is worth, or how the insurance company reviews your file and comes up with a price tag, you will not be able to get to their top offer. Of course, you can threaten to sue, but insurance companies are well represented by good defense law firms, so they are not intimidated by threats of lawsuits from individuals saying they'll go it alone and file the lawsuit. An injury law firm, on the other hand, will not only file a lawsuit on the injured person's behalf, but they'll go about it the right way and will very likely increase the cost of your claim by a lot of money: a lawsuit from a plaintiff represented by a good injury lawyer will get the attention of any insurance company or insurance adjuster.

The Lions Injury Lawyers, P.C. represents injured clients throughout California. Based in Orange County, CA, The Lions practice only injury law, meaning they focus 100% of their time, energy and effort on winning money for injured people throughout California. No matter if you live in San Diego County, Orange County, Los Angeles County - or somewhere else in California, The Lions will vigorously fight for you and your case. You won't talk to a salesman if you call for a free consultation - you'll discuss your case with an actual attorney, a lawyer who may eventually represent you and help you recover from your injury. Lawyers are ready to discuss your case today, or simply answer your questions.

Insurance and Your Injury Claim

Most people injured in a car accident in California are aware that both their insurance and the at fault party's insurance will be involved in handling the injured person's claim, and that it is the insurance company (and not the individual) who pays the medical bills and property damage. Beyond that, many injured people are not quite sure how it all works, which is completely normal considering we only have to file a claim when we're injured by someone else, which hopefully does not happen often. The role both insurance companies play can be confusing, frustrating, and irritating to the injured person. A better understanding of the role insurance companies and their adjusters play can help someone who is injured better navigate their claim.

No, filing a claim against the at-fault party does not put that person's home or assets at risk

Insurance companies provide drivers and homeowners a certain amount of coverage in exchange for your monthly payment of the insurance premium. In California, the minimum amount of liability insurance for drivers is $15,000 per individual and $30,000 per accident. This means that in order to legally operate a vehicle on California roadways, you need to have at least this much coverage. But what does this cover? The "state minimum" amount means that if you injure someone, your insurance company will cover the injured's medical expenses, pain and suffering, and other damages. The at-fault driver's insurance is the first line of defense, so that means the injured plaintiff's attorney will first communicate with this insurance company prior to filing a lawsuit in most cases. It also means that the amount on the insurance policy is the most the insurance company will pay to resolve the matter. If the injured's medical expenses are much more than $15,000 (hospital bills totaling $100,000 and the at fault driver's policy covers only $15,000, the injured person can still only recover $15,000). Only after the at fault driver's policy has been exhausted can the injured person access their UIM (under-insured motorist insurance policy).

Many individuals who are injured in a California car crash don't want to be "mean" and file a claim against the person who hit them. They don't want to file a lawsuit, don't think litigation is "right," and a host of other reasons not to pursue their claim. The biggest misunderstanding is that by filing a claim, somehow the at fault driver's personal life will be greatly affected. In most cases, this is not the case. If the driver caused an injury due to his or her negligence, his insurance premiums may go up, but they won't lose their home or have to sell their assets. 

Insurance adjusters for the at-fault driver need to pay you to go away

Insurance adjusters are there to make this all go away. They will request a recorded statement, your medical bills, access to your medical records going back many years, and many other things in order to evaluate your claim. They're allowed to ask for all of this, but you don't have to give it to them, and giving them everything they want is unlikely to result in a fair settlement for you. Why? The more they ask for, the more they're likely to find excuses to minimize the amount they decide to pay you, if they are willing to pay at all. Their job is simple: close the claim for as little money as possible. Some insurance adjusters are very pleasant to work with, even seeming to become your friend over the process (a tactic that makes you feel guilty for declining their offers), and others can be confrontational, rude, and insensitive. Whoever the insurance adjuster is, and for whichever insurance company, their job is to make you go away. 

No, your insurance premium won't go up if it wasn't your fault

People injured in car crashes immediately worry about their finances. Many people worry that their insurance premiums will rise if they claim an injury. This is not accurate. If it wasn't your fault, it is the other driver's insurance company, not yours, that will be paying the bills. You should get the medical care you need and take care of your health, as the other party's insurance is responsible for reasonable medical costs associated with the injury their insured caused.

Negotiating for more money with an insurance adjuster on your own is generally a bad idea

Insurance adjusters will almost always offer far less than what your injury is worth. They don't generally itemize their offer, so you don't know how much they're paying for your medical bills and how much they're paying you for pain and suffering. Many insurance companies offer $500 to resolve a claim. Experienced injury lawyers regularly see $500 offered for claims that settle for $15,000, and sometimes over $100,000. How can an insurance adjuster offer so little if the claim is worth so much more? The answer is simple: if they offer and the injured person accepts, the claim is closed and the insurance company will not have to pay more money in the future. And, many people surprisingly accept the first or second offer. 

What's a fair settlement for your injury?

If you were injured in a car crash, you're entitled to be compensated for the cost of your medical care and pain and suffering. But what is pain and suffering worth, and how do you calculate it? The answer is that an injury attorney is able to compare your case against other cases in the past and calculate an "industry standard" amount. Without knowing how much other injury claims are settled for, you cannot possible know how much your claim is worth. 

Finding an injury attorney

In order to get your medical bills paid for and be compensated for your losses, you may be well served by hiring an injury attorney. Most California injury law firms do not charge clients up front, meaning they only get paid if they win your case. You're far more likely to get a fair settlement by working with an attorney than going it alone. When looking for a car crash attorney, you should seek a law firm that focuses on injury claims exclusively, not a lawyer who does a little bit of everything. Location is generally not important, as most of the paperwork and negotiations can happen anywhere. The most important thing to look for is, in the opinion of many injury attorneys, a law firm that handles a lot of injury claims and is excited to work on your behalf.

The Lions Injury Lawyers, P.C. practice only injury law, and are ready to discuss your claim and answer any questions you may have. Located in Newport Beach, California, The Lions handle cases for clients in Orange County, San Diego County, and throughout the state of California, from Los Angeles County all the way north to the Bay Area. Contact The Lions Injury Lawyers today for a free case evaluation with an attorney.

Car Accidents Involving Large Trucks: What You Should Know

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It's no surprise that the large semi trucks that carry much of the food we eat and the products we use throughout the country can cause serious safety threats to other drivers on the road. After all, most of these trucks weigh in excess of 10,000 pounds, and are nowhere near as agile and maneuverable as a common automobile. California highways are sometimes choked with trucks, which is due to the large population of California, as well as the several shipping ports, where the trucks receive their loads from abroad for distribution in California and throughout the country. If you're driving on California highways, there are a few safety tips you should be aware of in order to stay safe.

Remembering Elementary School Science: Inertia

Remember learning about objects in motion staying in motion until another force acts upon it to slow it down? A large truck will stay in motion unless the driver tries to slow it down. This is all common sense. The catch is, even when the driver of the truck tries to stop the truck's intertia, depending on how big and heavy the truck is, it can take a very long time to slow a moving truck. Now consider how fast trucks travel on California freeways - usually at least 60-70 miles per hour. Going this speed, it can take a great distance for a typical 18 wheeler carrying a normal load to slow. Now recall how often you see passenger vehicles, like your standard car or SUV, dart in and out of traffic. Large trucks cannot stop in time to avoid contact, it is as simple as that.

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Driver Fatigue and the Laws Regulating Trucker Drive Hours

Truck drivers make their living by carrying loads from point A to point B. The more distance they travel, the more money they make. There are regulations in place to keep truck drivers from getting too tired and drowsy to drive, but the reality is that truck drivers get tired and occasionally doze off or fall asleep at the wheel, often times causing collisions with other cars. The laws regulating truck driver hours are not always clear cut, either. For example, consider the "14-Hour Limit," which states that commercial truck drivers cannot  "drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period." This limitation applies to truck drivers who are carrying goods and products in their cargo, while other limitations apply if truck drivers are carrying passengers. The Federal Motor Carrier Safety Administration regulates truck driver hours, and these limits apply to the following drivers in specific vehicles only, known as a "CMV" vehicle: 

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

While these regulations certainly prevent some drivers from driving too long and becoming dangerous due to the human propensity to need sleep and doze off after long hours of driving, the rules to not obviously apply to all potentially dangerous drivers. Not all trucks meet or exceed the weight limits, or are transporting goods requiring special placards. 

Common Trucking Accidents or Crashes

There are several categorizations of car crashes, and those involving commercial trucking vehicles tend to fall into the following categories:

  • Rear end collision (usually from common cars cutting in front of trucks and the truck can't slow)
  • Head on collisions (often from cars darting in front of a truck, again, trucks cannot slow down)
  • Jacknifes
  • Rollovers
  • Sideswipe
  • T-bone or other side-impact collisions (often resulting from vehicles turning into the path of the truck, which is unable to avoid collision due to an inability to slow in time)
  • Cargo shift causing rollover or jacknife
  • Cargo spill

Trucking Accidents Resulting in Injury

Tragically, many crashes involving commercial trucks result in injury. Sometimes, the injuries are non life-threatening, such as whiplash, sore neck and back, and what are categorized as "soft tissue" injuries. Unfortunately, due to the heavy nature of commercial trucks, many auto versus truck accidents result in catastrophic injury and death. The amount of property damage a truck can cause a pedestrian vehicle is also significantly greater than a typical auto versus auto car crash.

Trucking Accidents Often Result in Fire

When an 18-wheeler crashes into a small SUV, for example, the result is often fatal, sometimes due to fire. Crashes with trucks often result in fire, as the trucks necessitate large amounts of petroleum based fuel, or gasoline. Fortunately, as clean(er) energy options enter the market (such as the newly-announced truck from California's own Tesla), future crashes with trucks may be less likely to result in fire. Many large players in the domestic shipping business have placed orders for the Tesla truck, so hopefully the technology will soon spread throughout the industry, bringing safer trucks to the roads.

What To Do If You Were Injured by a Truck

If you were injured while traveling in California by a truck, you should first take care of your health. Seek medical attention immediately. Proceed to take care of yourself and any passengers involved as you would with a common accident - your health is most important. When you are able to think clearly and are beginning to try to figure out how to recover financially and physically, a call to a California injury law firm may be beneficial. Trucking companies are often represented by aggressive law firms that tend to deny liability on all crashes, sometimes even in contradiction with reports issued by the California Highway patrol or the local police department. Even if you think you were not at fault and that it is obvious that the trucker was at fault, do not assume the truck's insurance company will pay for your medical bills. In fact, if you were injured by a truck, you are actually more likely to face an uphill battle in recovering your costs. 

The Lions Injury Lawyers, P.C. represent injured plaintiffs throughout the state of California, and are ready to discuss your case and answer any questions you may have. The sooner you discuss your injury claim with an experienced and trusted attorney, the more likely the attorney will be able to help you. When you call The Lions, you will speak directly with an injury attorney, not a salesman. Access to a lawyer who is experienced in handling California injury claims will help you navigate the often complicated world of injury insurance claim settlements.

Dealing With Your Car Insurance After A Car Crash

Despite writing that monthly check to your auto insurance for liability and injury coverage, most people are understandably confused regarding what happens following a car crash when it comes to speaking with insurance. The assumption is that everything will be taken care of. After all, that is why you pay for insurance, right? And if you were not at fault for the car crash, why would you have anything to worry about? Unfortunately, reality is less cut and dry, and there are several things you should (and should not do) when communicating with your insurance provider following a car crash, especially an accident that resulted in injury to you or your passengers.

What Does Your Insurance Cover

In California, the state minimum policy, or the least amount of insurance you need to legally drive in the state, is a 15/30 policy. This is the amount of insurance coverage that is likely to cost you the least amount of money. What do the numbers mean? The 15 represents $15,000 for bodily injury you cause another individual. That is, if you injure someone, your insurance will pay up to $15,000 towards their medical bills and pain and suffering. This amount must cover everything, and is the maximum amount of money any one individual can recover as a result of an accident that was your fault. Even if that person's medical bills exceed $15,000, that's the most your insurance will pay. If you were injured by someone who has this insurance policy, the most you can recover from their insurance is $15,000. Even if your medical bills are extremely high, let's say $500,000, you will only get a check for $15,000 (in the best case scenario) from the at fault driver's insurance. 

The second number represents $30,000, or the total amount that your insurance will pay towards injury claims from a given accident. This means if there were multiple people injured, they must divide all their claims into the $30,000; if, for example, ten people were hurt, and each have $100,000, the total amount any one person can get is $15,000, and the entire group's net recovery cannot exceed $30,000. Given the high cost of medical care, a 15/30 or "bare minimum" insurance policy may not be enough to cover the medical bills and pain and suffering of those involved in the crash.

Will Your Insurance Premiums Be Increased?

The short answer is no, not automatically. This depends on whether you were at fault, and whether you were issued a citation or ticket from the California Highway Patrol or another law enforcement office. The amount you pay for car insurance depends on what you use your car for (business or pleasure), what kind of car you drive, where you live, what your driving/criminal records looks like, among other factors. If you were not at fault in a car accident, you should not see an increase in your insurance premiums. If you were at fault, you will likely see an increase. This is because it will cost more for your insurance company to insure you, and you are a greater risk of costing more money to insure in the future.

When Should You Report A Car Accident To Your Insurance?

Most people don't want to talk to their insurance because they don't want to see their bills increase. However, if you were injured, or someone else was injured, you should call your insurance company. Also, if property damage exceeds $500, or is likely to exceed that amount, you should call your insurance company. Some insurance policies (the "contract" between you and your insurance) require you talk notify them immediately after any motor vehicle collision.

What Should You Say To Your Insurance Following A Crash?

They need to know where it happened, when, any contact information from the other vehicles involved, and a basic explanation of the crash. That's it. You do not need to try to explain everything. In fact, doing so is likely to hurt you more than help you. Don't accept fault for the accident, and don't give a full list of possible injuries to you or anyone else. If you were injured, say you were injured and you have not yet visited a doctor. If you give a detailed accounting of injuries, you may miss something, and you will most certainly not give an accurate accounting of your injuries when compared to your medical records. This enables insurance adjusters to deny payment towards medical treatment later. You therefore shoot yourself in the foot by trying to be helpful. 

What Shouldn't You Say Following A Crash?

First, make sure you're safely off the road and are emotionally in a good spot. Too many people try to get on the phone with their insurance when their vehicle is still in the roadway, or they are in shock and still flustered from the accident. Take care of yourself first.

  • Don't admit fault. Just don't give your opinion. State the facts as simply and straightforward as you can. 
  • Don't say you are uninjured, or were not injured. If you feel pain a day or two later, which is very common, you may negate your ability to recover in the future. If you have medpay, or excess liability coverage, for example, your insurance policy that you've been paying for may cover you. It won't cover you if you make a statement that to you seems harmless, but allows your own insurance company do deny payment later on. 
  • Don't give a recorded or "official" statement. It won't help you and it can only hurt you. Sounds overly critical of insurance company, perhaps. But attorneys that handle car accident injuries regularly in California have seen time after time cases where the injured person makes a seemingly harmless recorded statement that is later used against that person. If you make a recorded statement (some insurance providers require this), you should do so only after consulting with an attorney. 
  • Don't estimate. Communicate the facts and stick to that. The more you try to connect the dots, the more likely you are to make a statement that although it sounds harmless to you, will prejudice your case in the future. This means it will work against you in the future. Keep it simple.
  • Don't sign medical records or releases. The insurance adjuster may say this is required, but it is not. You should consult with your attorney prior to signing medical release forms. 

Don't Settle Without First Consulting With An Attorney

Above all else, if you are considering settling, you should first speak with an injury law firm or an attorney who handles injury cases. Even if your case seems simple and straightforward, there are many loopholes that allow insurance companies to settle for less than fair value. If you don't know any better, you are likely leaving money on the table. Settling without an attorney almost always means you will get less money in your pocket. 

Depending on the facts of your case, you may be leaving large amounts of money on the table that you don't even know about. This is money that you have been paying for as part of your insurance premiums, or is money that the at-fault party is covered for. Remember, insurance companies are for-profit businesses. They want to spend as little money as possible on your claim. The less money they spend on your case, the more money they keep in the business. However, this does not mean you are getting a fair settlement for your California injury claim. Don't pad the pockets of the insurance company by accepting less than fair value. 

California Car Accident and Injury Attorneys

The Lions Injury Lawyers, P.C. handle injury claims throughout the state of California. The lawyers at The Lions Injury Lawyers do not work on other matters, but focus exclusively on injury cases. This means they have the experience and knowledge to help you get fair compensation for your injuries. If you or a loved one were injured, the attorneys at The Lions Injury Lawyers will answer your questions free of charge. All representation is done on a contingency fee basis, meaning you will never have to write a check or pay for your attorney out of pocket. Your fee is taken as a percentage of the amount your attorney wins on your behalf. If your attorney does not win, you owe nothing for the services provided. Also, you will speak directly with an attorney, not a salesperson. Don't sign up with an injury law firm after speaking with only a salesperson. Salespersons are fine at selling tires and perfume, but when it comes to your health and financial wellbeing, you deserve to speak with an attorney. Contact The Lions Injury Lawyers today for a free consult.