Legal Question in Personal Injury in California

Auto Accident - What are my options?

I was in an auto accident which was not my fault. First, I am not faking injury to my back...it is real. I have been seeing a chiropractor for several months. I have chosen, for the moment, not to seek a lawyer, but may do so if the insurance company does not cooperate. Without an attorney, what should I expect, at the least, in a settlement from them? And with an attorney? I may need the names of attorneys in my area who might give free consultation; even though I still may decide not to go with an attorney.

Thank you.


Asked on 2/15/02, 9:59 am

6 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Auto Accident - What are my options?

Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately so as to have the reserves set at the highest possible level. Moreover, don't talk to the adjuster!!! Everything you say will be used to minimize your claim or skirt liability. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me directly at (619) 222-3504.

Read more
Answered on 2/19/02, 12:05 pm
Joel Selik www.SelikLaw.com

Re: Auto Accident - What are my options?

What should you expect? To be jerked around (maybe with a nice tone of voice) and to be taken advantage of at every point.

Read more
Answered on 2/18/02, 7:51 pm
Rob Reed Law Office of Robert A. Reed

Re: Auto Accident - What are my options?

What an insurance company will do depends upon a lot of factors. If you have never been in an accident situation before, and you try to negotiate yourself, they will try and take advantage of you.

If your property damage is light, they will refuse to pay on the claim.

They won't pay full dollar on any submitted medicals... and, in this regard, don't forget to negotiate repayment to any applicable health insurance companies for any money that your health ins. co. may have spent on your behalf.

I provide free consultations to discuss the liability and damage issues; however, a consultation related to how you should deal with an insurance company would not be free. If you decide to retain an attorney and live in the area, feel free to give me a call.

No matter what you decide... good luck in your pursuit of renumeration for your damages, and I hope that your back gets better soon.

Read more
Answered on 2/18/02, 8:14 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Auto Accident - What are my options?

First, if you're in California, you must file your lawsuit (that is if you do not settle), within one year from the date of the accident.

Second, be careful about extended chiropractic treatment. If your pain isn't improving for several months, then you need another evalution and diagnostic testing (i.e., neuro or ortho consultation, MRI or CT scan, etc.

Third, without an attorney, which I'm sure the insurance company will encourage you not to retain one, you'll receive much less. Why, because you have no experience in evaluation a claim. Just talk to people who have tried to handle their own claims rather than hiring a lawyer.

Call your lawyer ASAP, if you do not have one, then give me a call for a FREE consultation (323)782-0099. Good Luck.

Read more
Answered on 2/18/02, 8:18 pm
Steven Kuhn Steven Kuhn

Re: Auto Accident - What are my options?

I have read the other 3 replies to your post. I agree. Do not continue with a chiropractor. If you are still in pain, see a orthopedic doctor or a neurologist or neurosurgeon. The insurance company will encourage you not to seek an attorney. There are many changes in the law that only an attorney can advise you on. Consult with one. We give free consultations if you wish to contact us.

Read more
Answered on 2/18/02, 10:01 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: Auto Accident - What are my options?

You only have two options . . . to hire or not hire an attorney . . . I agree with the earlier postings and, especially, to Joel Selik's post . . . There are many issues surrounding an automobile accident . . . the average lay person will be at a grave disadvantage to the insurance adjusters who do nothing but handle claims . . .

Some of the issues you face may include knowing whether to give the insurance company a recorded statement and how to object to their questions, how to negotiate the property damage, the loss of use, choosing the right kind of treatment (chiropractic is not my favorite but some people find relief . . . it is similar to physical therapy without an MD), how to prepare your case for a jury, what to do when the insurance company or thier lawyers want you examined by their doctor . . . knowing the value of your claim . . .

And then when you're ready to settle your injury claim you'll need to be able to deal not only with the auto insurance company representing the other party but maybe also your own medical insurance company who may file a lien on your recovery . . .

The average lay person is truly at a grave disadvantage here . . .

Whatever you do . . . remember you MUST either settle your bodily injury claims or file a formal lawsuit within one (1) year of the accident date or you will forever lose your right to recovery . . .

I urge you to retain legal counsel immediately . . .

Good luck . . . Patty Lewis . . . [email protected]

Read more
Answered on 2/18/02, 10:31 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California