Los Angeles Personal Injury Attorneys - Lazar, Akiva & Yagoubzadeh

AUTO INSURANCE CLAIMS: DOS AND DON’TS

noreply@blogger.com (laylegal.com) — Tue, 24 Jan 2012 18:37:00 +0000

AUTO INSURANCE CLAIMS: DOS AND DON’TS

When filing an auto insurance claim, you should proceed with caution.

Seemingly harmless questions and answers can ultimately do financial harm later down the road. After an accident or injury, most people are so focused on taking care of the essentials – fixing their vehicles, getting their injuries checked out – they forget that “friendly voice” at the other end of the line may not have their best interests in mind.

Everyone should answer honestly, but knowing when to do so is just as critical as the answer itself. Those especially prone to making mistakes are first-time claimants, the elderly, and young drivers. Thankfully, the associates at Lazar, Akiva, and Yagoubzadeh are here to offer some helpful reminders.

OBTAINING LEGAL COUNSEL

“Should I get a lawyer?”

That’s the question that springs to most people’s minds. The answer in most cases is “yes.”

An experienced personal injury lawyer has the legal expertise and case history to help evaluate your claim before you file it.

Scenarios in which you should undoubtedly secure legal counsel include: multi-vehicle accidents, severe injuries, and severe damage or loss. Generally, the more complicated the accident, the more important it is to gain a lawyer right away.

A lawyer can sit down with you in person and tell you how to proceed when filing a claim, and seeking compensation.

DON’T GIVE A WRITTEN OR RECORDED STATEMENT

Perhaps the most important of the don’ts, this simple and obvious piece of advice is ignored by more people than you’d like to know.

Most adjusters will tell the claimant beforehand that their phone conversation is going to be recorded. And most claimants will proceed with the conversation, as if unaware that any gap or uncertainty in their version of events can come back to haunt them later.

Sometimes, insurance companies will refuse to work on your claim unless you submit to the recording.

You should only submit to a recording if all of your facts are straight, and you know exactly how you want to proceed. In the initial process, you should only give essential information – the make and model of your car, the other car, your driver’s license, etc. If the accident is especially severe, you should refrain from making any statement altogether before obtaining a lawyer.

If you happen to submit to a recording, you can always pick and choose which questions you would like to answer. During the questioning process, if you are uncomfortable with answering a specific question, or if you are uncertain how to answer a question, you can always answer with a respectful “I prefer not to answer that question at this time.”

The elderly are especially vulnerable to this ploy. If you have senior citizens in your family who have been involved in a vehicle accident, be sure to remind them not to give written or recorded statements until all the facts are in.

DON’T ACCEPT THE INSURANCE COMPANY’S ESTIMATE OF YOUR LOSSES

Whether you are dealing with your own insurance company, or the insurance company of the other driver, be sure to get an independent estimate of your loss.

Companies will always try to go the cheapest route possible, but this could ultimately lower the value of your vehicle, which could impair your options down the road, if you wish to sell or trade-in your vehicle.

Insurance companies will do the same even in matters related to your health or medical care. If your accident is especially severe or complicated, obtain a lawyer to make sure you protect your interests.

DON’T ACCEPT PAYMENTS

Do not accept any payment from the insurance company until the matter is officially settled. Cashing any checks, especially ones that say “final payment” can always be taken as a sign of a settlement in court.

DO TAKE NOTES

This is one of the most helpful and overlooked do’s on the list.

You know how insurance companies take notes when you speak with them? Well, you should do the same with them.

Your notes should include the dates of your phone conversations, and any correspondence, including emails; if you have phone records, making a copy of them and highlighting the phone calls that correspond to your notes is also helpful.

Make sure to obtain the name and title of the person assigned to handle your claim, and any other individual with whom you share information.

Remember those phone recordings? Well, in most states, companies that maintain phone recordings are required to hire an outside agency to catalogue them, or are forbidden according to state law to alter them in anyway. If an agent makes a promise to you over the phone, your records can be used to help locate the recording that verifies any claims you might make. The more detailed and consistent your notes, the easier it is for you or your lawyer to hold the companies accountable.

DO KEEP RECEIPTS AND RECORDS

When you have to pay for anything out of pocket or savings, make sure to keep the receipt as well as a journal and log of the money spent and the reason why. These are losses that can be regained later by you or your attorney. If you don’t have a record of loss, then you might never recover the money you spent.

DO NOTIFY YOUR INSURANCE COMPANY

Be sure to notify your insurance company right away if you are in an accident or your vehicle is stolen.

Remember, you want your insurance company to have a record of the event. The longer you delay the easier it is for them to question your motives, the most obvious question being “Why did you wait so long?”

What you don’t want is to ruin your claim by writing or recording a formal statement with the company as we advised you above.

Notifying the insurance company of the situation is not the same as making a formal statement. Be sure that you know the difference.

THE MOST OBVIOUS IS ALSO THE BEST

The most obvious and perhaps the best way to protect yourself is to obtain a lawyer. In each phase of the claims process, miscommunication and confusion can play a significant part. A personal injury attorney will help you to cut through the confusion and make the smart decision each step of the way. Be sure to call our law offices today.

The Many Types of Auto Insurance Coverages

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 21:21:00 +0000

Auto insurance coverages come in a variety of types, and what you pay for determines how much coverage you have in the event you are involved in an auto accident. Understanding the different coverages is essential if you want to be properly insured. The following is a basic guide to help get you started:

Types of Auto Insurance Coverages
Bodily Injury Liability (BI)
Covers physical harm (including death) done by you to another person (i.e. you caused the accident). This coverage is meant to protect you if someone decides to file a personal injury claim against you. In California, the minimum limits are $15,000 per person, $30,000 per accident. What this means is if you were to cause harm to someone else, the maximum your insurance would pay is $15,000 for each person you harm, but no more than $30,000 total.  Keep in mind that if someone has significant damages, they can come after you personally. As such, it is important to protect those assets by buying higher bodily injury limits such as $100,000 per person/$300,000 per accident, or even higher.

Property Damage (PD)
Designed to cover damage you might inflict to someone else's property. The property may be someone else's vehicle, but could include other items, like fences, fire hydrants, houses, etc.  This coverage is meant to protect you if someone decides to file a property damage claim against you.

Collision Coverage (COLL)
Protects your car if it is damaged by another vehicle or object. Usually, this coverage is not required by the state, but can be required if your vehicle has been financed through a lending agency, or is leased.

Comprehensive Coverage (COMP)
Also known as "Other than Collision" (OTC), this insures your vehicle and, to a limited extent, other vehicles you may be driving from losses resulting from circumstances other than collisions. Common circumstances include: damage from flooding, fire, vehicle theft, etc. Also covers your vehicle if it is stolen. This coverage is usually required if you are financing or leasing your car.

Medical Payments (Med Pay)
Medical payments coverage provides that if you or anyone else gets hurt arising out of the use of your car, the insurance company will pay medical expenses up to a certain dollar figure regardless of fault (even if you are at fault). This coverage is typically sold in increments of $1,000 or $5,000.

Uninsured Motorist Bodily Injury (UMBI)
If you are involved in an accident with an uninsured driver, this will cover you, your passengers, other drivers on the policy and unlicensed members of your household. It provides you with protection in the event you are injured in an accident that was not your fault and the at-fault party does not have auto insurance. It also covers you if you are involved in a hit-and-run accident (provided you obtain a police report).

Underinsured Motorist Bodily Injury (UIM)
This policy covers the same individuals as the above (UMBI) for accidents that are not their fault. This policy applies when the party who caused your accident has insurance, but the bodily injury limits are not sufficient to fully compensate you for your injuries. For example, if you have losses of $35,000 and the other side has insurance that pays only $25,000 per person, then they would not be able to fully compensate you for your losses. If you have UIM-BI coverage in excess of $25,000, let’s say $100,000, then you would be able to proceed against your own insurance carrier for the remainder of your loss, in this case $10,000.

Uninsured Motorist Property Damage (UMPD)
Covers property damage to your vehicle sustained by an uninsured driver.

A Little More Info On Uninsured Motorist Protection and Med Pay
While these coverages are not required, they can save you a lot of money in the long run.  These coverages are typically very cheap, and if you get a sufficient amount of coverage, it can protect you and your loved ones from being financially responsible for any injuries you or they sustain.

Deciding on Deductibles
Typically speaking, the higher the out-of-pocket deductible (what you pay), the less your monthly insurance payments; and the higher your monthly insurance payments, the greater the deductible. When picking insurance, be sure to factor in how much out-of-pocket costs you can afford if you are involved in an accident.

Looking At Insurance Limits
What insurance you choose determines the extent of your coverage. For instance, you might inflict damage to someone else's property that far exceeds the amount of coverage you possess. In such a scenario, you will have to pay the difference. Though it's hard to anticipate your future needs, be sure to pay for as much coverage as you can reasonably afford. Doing so can save your wallet some future heartache.

Get Insured
Most states have strict laws requiring you to carry some form of auto insurance. If you are not insured, you could be one accident away from having your life and finances ruined. Having insurance means you can drive with a greater peace of mind.

If you have been injured in an auto accident and have questions regarding your automobile insurance policy, call Lazar, Akiva & Yagoubzadeh LLP today at (800) 261-7001.

DUI Does Not Mean Jackpot

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 20:54:00 +0000

Victims of DUI's usually have a strong case against the at-fault driver. Because of their portrayal in popular culture, DUI's are often mischaracterized as easy meal tickets. This can lead individuals to settle prematurely with insurance companies or lawyers. The smart choice? You probably already know the answer: Obtain a lawyer. Only then will you be able to guarantee you have received the compensation you truly deserve.

Victims of DUI Accidents

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 20:54:00 +0000

Of course, those with valid insurance are naturally entitled to pursue both economic as well as non-economic damages. The latter category is especially relevant to victims because, as mentioned before, these injuries are often slow to materialize and may not be covered by initial settlements.

A skilled lawyer can assist you in providing for long term conditions of which you may not be aware. Your lawyer will work to ensure that you receive compensation for loss to your person and property, as well as potentially devastating impairment to your future health and financial well-being.

Non-Economic Damages

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 20:53:00 +0000

For those who don't know, non-economic damages are those that may result in chronic, recurring, debilitating pain, including mental anguish or anxiety. These injuries may not manifest themselves directly after an accident and may take several weeks or months to materialize and to diagnose. As a result, non-economic damages are harder to prove and may require special testimony in order to secure compensation. Thanks to proposition 213, you may still seek compensation for such injuries even if you lack proper insurance.

Don't Have Insurance? Don't be Afraid

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 16:50:00 +0000

You may have been driving without valid insurance when you were unexpectedly hit by a DUI driver. You may have suffered injuries and think you have no recourse. In fact, you may even be afraid to pursue any type of compensation.

The reality is you have more options than you think.

In an earlier post, we told you about California's Proposition 213, which limits the type of compensation to which individuals without valid insurance are entitled. This compensation includes economic damages only, which are damages that are easily assessed and often involve quantifiable loss to one's health or to one's property.

However, the exceptions are those occurrences in which the at-fault driver is found to be driving under the influence of drugs or alcohol. This means, that if you don't have valid insurance at the time of your accident, and the at-fault driver is found to have illegal amounts of drugs or alcohol in his body, then you may be entitled to both economic and non-economic damages.

Personal Injury Damages in a DUI Accident

noreply@blogger.com (laylegal.com) — Sun, 22 Jan 2012 15:35:00 +0000

Nobody plans on being hit by another driver, let alone someone driving under the influence of drugs or alcohol. But when the unexpected does occur, it's important to know the damages to which you may be entitled. The Personal Injury Lawyers at Lazar, Akiva, and Yagoubzadeh LLP offer the following advice.