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Control Your Auto Injury Claim

Control Your Auto Injury Claim

Downloadable Forms

Walkthrough for Filing a Personal Injury Claim (docx)Download
Personal Injury Claim - Letter Template (docx)Download
Pain and Suffering Calculator (xlsx)Download

Report the Incident

Call the Police: 

  • Tell them about the accident so they can come and make a report.

Don't Say It Was Your Fault: 

  • Even if you think it might be, it's important to not say it was your fault.

Take Pictures: 

  • If you can and it's safe, take some photos/videos of where the cars crashed and any injuries.

Injuries:

  • It's important to tell the police about this. Let them know that you are feeling hurt. You don't have to tell them a big, long story about your pain, just that it's there. 


Explanation: When there's a car accident, it's important to call the police so they can make an official report (a detailed note about what happened). You shouldn't say it's your fault because it could make things complicated, and it's best to let the insurance company or your attorney figure that out. Taking photos help show exactly what happened, like clues in a detective story. 

What Documents Are Used

 

Police Report or Swap Info with the Other Driver: 

  • If the police come, they'll make a report. If not, make sure you and the other driver tell each other your names and addresses.

Find Out the Insurance Details: 

  • Ask the other driver for the name of their car insurance company and their policy number.

Get Contact Info of People Involved: 

  • Write down the phone numbers and addresses of everyone driving the cars.

Take Pictures or Videos of the Accident/Injuries: 

  • If it's safe, use your phone to take photos or a video of the cars and the place where they bumped into each other.


Explanation: When there's a car accident, it's important to gather details. Getting a police report or exchanging information with the other driver helps show what happened, just like a note from a teacher. Collecting insurance details is like knowing which team someone is on, so your insurance can talk to their insurance. Getting contact info is is needed, so your insurance or attorney can call them later about the accident. And taking pictures or videos is the best way to show what happened, so everyone can see and understand. 

Find your Police Report on:
https://buycrash.lexisnexisrisk.com/ui/home

How To File A Claim

Gather Your Accident Papers: 

  • Get together all the papers and information about the accident.

Call Your Insurance or Go Online: 

  • Contact the insurance company by their claims phone number to tell them about the accident. You can do this by phone or sometimes on their website. 

Remember Your Call: 

  • It's good to keep a record of your call, and if you can record it.

Discuss Just the Facts: 

  • When they ask you questions, answer them but only tell them what really happened in the accident. If you don't know something, it's okay to say you don't know.

Get the Claim Number and Adjuster's Info: 

  • They'll give you a number for your accident (claim number) and the contact info of a person called an adjuster. The adjuster will be your point of contact at the insurance company.

Wait to Talk About Your Health: 

  • You should wait until you see a doctor and understand your injuries before you talk in detail about them. You can tell the insurance company that you were hurt, but let them know you're not comfortable discussing everything until after your doctor's visits are complete. This helps you give accurate and complete information about your injuries. 


Explanation: Collect all the papers about the accident. Call your insurance company or tell them on their website about the accident. Remember or if you can record what you talked about on the call. When you talk to them, only say things that happened, and if you don't know an answer, it's okay to say so. They will give you a claim number for your accident and the name and contact of a person to help you. If you are hurt, wait until you really know what's wrong before you talk about it. 

Your Injuries In a Claim

 

How the Accident Happened: 

  • This helps figure out how serious the injuries might be. Fender bender vs. Totaled vehicle. 

Who Caused the Accident:

  • This decides which insurance company will pay for your injuries.

Where You Got Hurt: 

  • Knowing which parts of your body are injured is important. How this affects your daily life.

Your Age: 

  • If you're older, they need to know if your injuries are new or because of getting older.

Type of Doctor You See: 

  • Going to different doctors, like an Orthopedic Doctor vs. Chiropractor, can change how the insurance company looks at your injuries. Higher level of care equals higher level of understanding.

Your Diagnosis: 

  • This is what the doctors say about your injury and what exactly is wrong. 

Your Prognosis: 

  • This is about how you'll get better and if there will be any medical costs in the future.

Desired Outcome: 

  • A clear diagnosis of your injury to tell the insurance company exactly what's wrong, and a good plan for your treatment. This plan should include current costs and future costs, so you can explain what you will need for getting better in the future. 


Explanation:  All of this information is important in an injury claim because it gives a complete picture of the accident and your injuries. It helps show who should pay for your injuries, how bad they are, and what kind of medical care you need. Knowing your diagnosis and prognosis is key to understanding what your injuries are and how they will affect you in the future. This information helps make sure the insurance company understands your situation fully, so you can get a fair settlement to cover your medical needs now and in the future. 

Determining Liability (Who's At Fault)

 Tell What Happened: 

  • Tell the insurance company about the accident from your perspective. At no time, let them describe the accident in a way that places you at fault, or even partly at fault.  They may even say that you could have prevented this accident.

Take Pictures: 

  • If you can, use photos of the cars and where they are on the road. This can describe visually how the vehicles were positioned and how the accident had occurred. Draw a diagram if you need. 

Use People Who Saw It: 

  • If there were other people around (witnesses), like people walking or other drivers, ask them if they can tell the insurance company what they saw. This would be notated on the police report. Their opinion has more value than the drivers involved, since they have nothing to gain. 

Use the Police Report: 

  • If the report states the other driver is at fault use it. If the report places you at fault, you will need to describe why this is wrong and how the responding officer wrote the report incorrectly. 

Be Firm and Clear: 

  • When you talk to the insurance company, be honest and clear about what happened. Don't let them try to place partial or all the blame on you. Constant pressure to get them to accept responsibility is key with supporting evidence. 

Understanding Coverage Types

 Liability Coverage (At Fault Driver): 

  • This coverage pays for bodily injury and property damage that you, as the at-fault driver, cause to others in an auto accident. It does not cover your own injuries or property damage.

Property Damage Cover (At Fault Driver): 

  • Specifically covers the costs of damage to another person's property (like their vehicle, fence, or building) that you cause while at fault in an accident. It's a part of your liability insurance.

Collision Coverage: 

  • This pays for damage to your vehicle resulting from a collision, regardless of who is at fault. It covers the cost of repairs or replacement of your car after an accident.

GAP Coverage: 

  • If your vehicle is totaled or stolen and you owe more on it than its depreciated value, GAP coverage pays the difference. It's useful for newer cars that might depreciate faster than the loan is paid down.

Rental Coverage: 

  • Also known as rental reimbursement, this coverage pays for a rental car or alternative transportation (like bus or taxi fares) if your car is in the shop for repairs due to a covered insurance claim.

Loss of Use Coverage: 

  • Similar to rental coverage, it compensates you for the inconvenience and cost when your vehicle is out of commission due to an insured loss and you need to rent a car or use other transportation.

Medical Payments Coverage: 

  • This covers medical expenses for you and your passengers, regardless of fault, in the event of an accident. It can include hospital stays, surgeries, X-rays, and more.

Personal Injury Protection Benefit (No-Fault Benefit): 

  • PIP covers medical expenses, lost wages, and other damages regardless of who is at fault in the accident. It's mandatory in some states, particularly those with no-fault laws.

Uninsured Motorist Coverage: 

  • Protects you if you're in an accident with an at-fault driver who doesn't have liability insurance. It covers bodily injury and, in some policies, property damage.

Underinsured Motorist Coverage: 

  • Similar to uninsured coverage, it applies when the at-fault driver has liability insurance, but their limits are too low to cover all of your medical expenses or property damage.

Comprehensive Coverage: 

  • This covers damage to your vehicle caused by non-collision events such as theft, vandalism, natural disasters, hitting an animal, or falling objects. It's often paired with collision coverage.

Roadside Assistance: 

  • Provides help if you're stranded due to issues like a flat tire, dead battery, lockout, or running out of fuel. It often includes towing services.

Custom Parts and Equipment Coverage:

  • If you've added aftermarket parts or custom equipment to your vehicle, this coverage can help pay for repairs or replacement of these items if they're damaged in a covered loss.

New Car Replacement Coverage: 

  • If your new car is totaled in an accident, this coverage helps you replace it with a brand-new car of the same make and model, rather than just compensating you for the depreciated value.

Accident Forgiveness: 

  • This is an option that prevents your insurance rates from increasing after your first at-fault accident. Policies for accident forgiveness vary by insurer.

Glass Coverage: 

  • Specifically covers the repair or replacement of the vehicle's glass, like windshields, often without a deductible.

Towing and Labor Coverage: 

  • Goes beyond basic roadside assistance, covering towing costs and potentially some labor charges at the breakdown location.

Rideshare Coverage: 

  • For drivers who use their personal vehicles for ridesharing services like Uber or Lyft, this coverage fills the gap between their personal auto policy and the coverage provided by the rideshare company.

Non-Owner Car Insurance: 

  • For individuals who don't own a car but still need liability coverage for when they rent or borrow a vehicle.

Umbrella Policy: 

  • Provides additional liability coverage above the limits of your auto and homeowners policies. It can protect your assets from larger claims or lawsuits.


Explanation:  When you are not at fault, the other driver’s liability coverage would typically pay for your vehicle repairs (property damage) and your medical expenses (bodily injury liability). If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage would cover these costs. Your collision coverage could also be used for vehicle repairs, subject to a deductible. Additionally, if your car requires repairs and is unavailable, rental coverage would provide you with a temporary vehicle. 

How To Resolve Disputes

 Arguments of who is at fault:

  • Collect and preserve evidence from the accident scene, such as photos, videos, and witness contact information.
  • Obtain a copy of the police report, as it often includes an officer's assessment of fault.
  • Consider obtaining an attorney, especially if who is at fault is complex or disputed.

Arguments Over Injury Severity:

  • Keep detailed records of all medical diagnoses, treatments, and prognoses related to your injuries. This outlines why the doctor did what they did. 
  • Follow your doctor's recommendations closely to show that you are taking your recovery seriously.
  • Obtain statements or reports from your medical providers that specifically address the cause and severity of your injuries.

Treatment and Medical Expense Arguments:

  • Retain all medical bills and receipts related to your treatment. The expenses are what they are. You sought treatment, but don't control what a doctor bills. 
  • Request detailed notes from your healthcare providers explaining the necessity of the treatments.
  • If needed, seek a second opinion to corroborate the necessity and cost of your treatments.

Arguments Over Lost Wages and Earning Capacity:

  • Provide documentation of your income, such as pay stubs or tax returns.
  • If claiming lost future earnings, obtain a professional assessment or vocational expert's report.

Insurance Coverage Arguments:

  • Review your insurance policy and request the other drivers insurance policy to thoroughly to understand its terms and exclusions.
  • Consult with an attorney or insurance professional if you need help interpreting policy language.

Arguments Over Pain and Suffering Damages:

  • Keep a journal documenting the daily impact of your injuries on your life.
  • Gather statements from family, friends, or coworkers who can attest to the impact of your injuries.

Delay in Treatment Arguments:

  • If there was a delay, be prepared to explain the reasons (e.g., you were in shock, or symptoms appeared later).
  • Document any reasons for delayed reporting or treatment, including statements from healthcare providers.

Contributory or Comparative Negligence Arguments:

  • Avoid making any statements that could be construed as admitting fault.
  • Collect evidence that supports your version of events, showing that you were not at fault or less at fault than claimed.


Explanation:  When communicating with the insurance carrier, it's important to stay logical and calm. Avoid arguments and letting emotions influence the discussion. Make sure to be clear and precise in your communication. It's often most effective to have these conversations in writing for clarity and record-keeping. If the issue of liability remains unresolved or is denied by the insurance company, hiring an attorney to assist you may be the best option. 

What is my injury worth?

 Understanding Compensation Components

  • Medical Expenses: Include past, present, and estimated future medical costs. This covers hospital bills, medication, rehabilitation, and any long-term care needs.
  • Lost Wages and Earning Capacity: Factor in income lost due to the injury and potential future income loss if your ability to work is affected.
  • Pain and Suffering: This is compensation for physical pain and emotional distress caused by the accident. It's more subjective and varies significantly from case to case.

Calculating Medical Expenses

  • Collect All Medical Bills: Sum up all costs incurred from the accident to date.
  • Estimate Future Medical Costs: Consult with medical professionals to predict ongoing medical expenses.

Assessing Lost Wages and Earning Capacity

  • Current Lost Wages: Calculate income lost from work absence since the accident.
  • Future Income Loss: Consider any long-term impacts on your career and earning potential, possibly requiring vocational expert assessments.

Evaluating Pain and Suffering

  • Severity and Duration: The more severe and long-lasting the injury, the higher the compensation generally.
  • Daily Impact: Consider how the injury affects your daily life, hobbies, and family relationships.
  • Multiplier Method: Some cases use a multiplier (usually between 1.5 and 5) applied to the sum of medical expenses and lost wages to estimate pain and suffering. The more severe the impact, the higher the multiplier.

Impact on Future Quality of Life

  • Long-term Disabilities: Consider if the injury leads to chronic conditions or permanent disabilities.
  • Life Alterations: Factor in changes to lifestyle, such as inability to engage in favorite activities or need for ongoing assistance.

Historical Context

  • Look at Similar Cases: Research settlements or court awards in similar cases for a ballpark figure.
  • Use of Damages Formulas: While each case is unique, some lawyers and insurance companies use formulas as starting points for negotiation.

Legal Considerations

  • Comparative Negligence: In some jurisdictions, compensation can be reduced if you are partly at fault for the accident.
  • Policy Limits: The defendant's insurance policy limits may cap the amount you can recover.

Professional Advice

  • Consult with an Attorney: Personal injury lawyers can provide more personalized estimates based on their experience and knowledge of local laws and case precedents.
  • Use of Expert Witnesses: In some cases, professionals like medical experts or economic loss experts might be needed to accurately assess the full impact of the injury.

Negotiations

 Preparing for Negotiations

  • Gather Evidence: Compile accident reports, medical records, and any other relevant documentation.
  • Calculate a Fair Settlement: Consider medical expenses, lost wages, and pain and suffering.
  • Know Your Minimum Acceptable Amount: Decide on the lowest settlement you are willing to accept.

Effective Communication

  • Be Clear and Concise: Communicate your points clearly without unnecessary details.
  • Stay Professional: Keep the tone respectful and avoid emotional outbursts.
  • Written Correspondence: It's best to use emails or letters for formal communication as opposed to phone call communication; keep records of all exchanges.

Negotiation Tactics

  • Start with a Higher Ask: Begin negotiations with a higher amount than your minimum acceptable figure.
  • Highlight Emotional Points: Emphasize the emotional and physical impact of the injury.
  • Be Patient: Avoid appearing desperate for a quick settlement.
  • Use Silence Strategically: Allow pauses in conversation to give the adjuster time to consider your points.

Timing and Timeliness

  • Respond Promptly: Acknowledge any communication from the insurance company quickly.
  • Don't Rush to Accept the First Offer: Take time to consider the initial offer; it’s often lower than what can be negotiated.
  • Understand Statute of Limitations: Be aware of the time limit within which you must settle or file a lawsuit.

Seeking Professional Advice

  • Consult an Attorney: Consider consulting a personal injury lawyer for guidance.
  • Legal Representation: If negotiations stall, an attorney can take over and strengthen your position.

Settlement

 Get the Settlement Agreement in Writing: 

  • Ensure that the agreed-upon settlement terms are documented in a formal settlement agreement. This prevents any misunderstandings or disputes about what was agreed upon.

Review the Settlement Agreement Carefully: 

  • Thoroughly read and understand all the terms of the settlement agreement. Pay special attention to any release of claims and ensure it matches what was agreed upon.

Understand the Release of Claims: 

  • Be aware that signing a release typically means you cannot pursue any further claims related to the accident. Make sure all your injuries and damages have been adequately addressed.

Consult with Your Attorney: 

  • Before finalizing the settlement, discuss the agreement with your attorney to ensure it is fair and in your best interest, especially if you have legal representation.

Check for Any Liens or Subrogation Claims: 

  • Ensure that any liens (e.g., from healthcare providers or insurers) are addressed. Your settlement should account for these paybacks if applicable.

Understand Tax Implications: 

  • Be aware that certain aspects of the settlement, such as compensation for lost wages, may be taxable. Consult with a tax professional to understand any tax liabilities.

Plan for Financial Management: 

  • If the settlement is substantial, consider how it will be managed. This might include setting up a structured settlement or financial planning for future needs.

Wait for the Settlement Check: 

  • After the agreement is signed, there can be a waiting period before you receive the settlement funds. Understand the timeline and follow up as necessary.

Deposit the Settlement Check: 

  • Once received, deposit the check into a secure account. If the settlement is large, consider using a bank that can handle higher deposit insurance limits.

Keep Records and Documentation: 

  • Retain all documentation related to the settlement and your injury claim, including medical records and communication with the insurance company. This is important for future reference and tax purposes.

Disclaimer

  *Please note that the content provided on this site is for informational purposes only and is not intended to be a substitute for professional legal advice. The information here should not be construed as legal advice or legal representation. Laws and regulations can vary widely by jurisdiction and may be subject to interpretation by different courts. Therefore, it's always recommended to seek the assistance of a qualified attorney for advice on specific legal issues or concerns. By using this site, you acknowledge and agree that you are not relying on the information provided herein as legal advice.

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