AUTO ACCIDENT HANDBOOK
ACCIDENT CHECKLIST
Q & A
USEFUL TIPS
DO’S AND DON’TS
FISHER & TALWARPROFESSIONAL LAW CORPORATION
Auto Accident Handbook
Copyright © 2013 Fisher & Talwar
All Rights Reserved
Please feel free to share this handbook with friends and family,we only ask that you do not modify any content.
Thank You!
FISHER & TALWAR (213) 891-0777 [email protected]
1. Introduction
1.1 Why we wrote this
1.2 How to get in touch
1.3 Legal Notice
1.4 Zero Fee Guarantee
2. Three good reasons to get legal help
3. Auto accident checklist
4. Common questions & answers
4.1 What should I do if I was in an accident?
4.2 Do I need an attorney?
4.3 Are there alternatives to going to court?
5.1 Who can recover damages?
5.2 How much can I get for my injuries?
6.1 How much time do I have to file a claim?
6.2 Can I be compensated while out of work?
6.3 Who is going to pay my medical bills?
7.1 I have no health insurance, how does this impact my case?
7.2 What if I was partly at fault?
8. Important Tips
8.1 Uninsured / under-insured coverage
8.2 Med Pay Provision
9. Do’s and Don’ts
Table of Contents
�
FISHER & TALWAR (213) 891-0777 [email protected]
Why We Wrote This
In our legal system, you only get one chance to get the compensation you deserve. Once you
accept a payment, there is no going back. We wrote this handbook to provide you with a
better insight into your rights and options, in hopes that you will make the right decisions
should you be injured in an auto accident. Knowledge is power and having the right
knowledge can make a huge difference in how you get on with your life after an accident.
Hopefully, this handbook will answer some of your questions and point you in the
right direction.
How to Get in Touch
If you have any questions you can reach our attorneys directly by calling (213) 891-0777 or
sending an email to Vibhu Talwar - [email protected]
Our law firm is located at:
801 S. Grand Ave. 11th Fl.
Los Angeles, CA 90017
www.ftpersonalinjurylawyers.com
The information presented in this document is for educational purposes only. Only your
attorney can give you legal advice. If you were injured in an accident, you should discuss
your options with an attorney before making any sort of decisions. We don’t say this simply
to cover our bases; you should really talk to an attorney to get a good assessment of your
particular circumstances as they are almost certainly different from anything
described here.
The information found here or anywhere else online is not a substitute for personal
attorney services. Since our consultations are free, we encourage you to give us a call or
send us an email to have your questions answered. We’ll let you know if you have a case,
then you can legally retain us as your attorneys should you choose to do so.
Legal Notice
We’re here to help you and your loved ones get the most money possible. To make the
process easy, we want you to be assured that all consultations are completely free and you
don’t owe us anything until we win your case.
Zero Fee Guarantee
�GUARANTEEZERO FEE
1
1.1
1.2
1.3
1.4
Introduction
FISHER & TALWAR (213) 891-0777 [email protected]
Avoid Being Taken Advantage Of
Insurance companies are in the business of making money by paying out the least possible
amounts to policy holders. You may be a very nice person and may want to avoid suing
entirely, but when your personal health is on the line, there is simply too much at stake.
Most people are not familiar with personal injury law and insurance companies are aware
of this, enabling them to take advantage of the injured. Unless you know California tort law,
it is in your best interest to hire an attorney who will look out for your interests.
2Three Good Reasons to Get Legal Help
Time is of the Essence
Taking certain steps immediately after an auto accident is critical to the value of your case. Thelonger you wait to get legal help, the lesser your chances of recovering fair compensation.
For example: if you delay or avoid medical treatment only to �nd yourself in pain later, you lessen the chance of recovering compensation to pay for medical care you are most certain to seek to ease your pain. Insurance companies will claim that because you waited, your injuriesmust not be as serious as you state them to be or that you were not hurt at all.
Where a government entity is involved, failing to �le a claim on time can signi�cantly diminish the value of your case or sometimes stop you from seeking compensation entirely.
Sometimes people are asked to sign a blanket medical authorization that allows the insurancecompany to go through your private medical records and argue that your injuries stem from apre-existing condition. Although this may not be true, it would be more di�cult to refute theirclaim than to hire an attorney in the �rst place to prevent this from happening.
�
1
2
3
Get Fair Compensation
If you are seriously injured in an auto accident, chances are you cannot afford to spend time
working out legal issues. When you hire an attorney, you can focus on the important things
like getting better.
Your attorney will apply their knowledge and experience to get the most compensation for
your injuries. Insurance companies know they cannot bully an attorney into accepting a
low-ball offer, which means more money for you.
FISHER & TALWAR (213) 891-0777 [email protected]
We hope you never have to use this checklist, but recommend printing a copy and keeping it
in your glove box should anything happen.
DATE OF ACCIDENT
TIME AM PM
PLACE OF ACCIDENT
DRIVER’S NAME
DRIVER’S ADDRESS
CITY STATE ZIP
PHONE
DRIVER’S LICENSE
VEHICLE
INSURANCEY COMPANY
POLICY NUMBER
PASSENGERS IN THE VEHICLE
DESCRIBE THE ACCIDENT
WITNESS #1 NAME PHONE ADDRESS EMAIL
Accident Checklist
WITNESS #2 NAME PHONE ADDRESS EMAIL
MAKE MODEL YEAR
(SPEED, DIRECTION, WEATHER CONDITIONS)
Get medical help
Contact the police
Get license information from all drivers involved
Collect contact information from passengers and witnesses
Take photos of the accident scene with camera/phone
Sketch the accident as soon as you are able to
DO NOT discuss the accident with anyone other than police
Contact a qualified auto accident attorney as soon as possible
ACCIDENT SKETCH
N
S
W E
PLEASE INDICATE
3Auto Accident Checklist
FISHER & TALWAR (213) 891-0777 [email protected]
What should I do if I was in an accident?
If you were involved in an accident, follow the steps outlined in the checklist on previous
page. The steps are:
1. Get medical help if anyone is injured.
2. Contact the police department so that an officer can make a report.
3. Take photos of the accident scene if you are in capacity to do so. Try not to move
anything. The more photos, the better (damages, injuries, license plates etc...)
4. Collect driver’s license information from all drivers involved and their insurance
information.
5. If there are any witnesses to what happened, collect their contact information.
6. Report the accident to your insurance company and contact an attorney as soon
as you are able to. Do not discuss the accident with anyone other than police.
Do I need an attorney?
4.1
A:
4.2
A: If any of the following are true, then you should speak to an attorney:
You were physically injured in the accident.
You daily activities have been limited by your injuries.
You have medical bills as a result of the accident.
The insurance company is quick to offer an unreasonable settlement.
The accident report is incorrect.
The insurance company is asking you for a recorded statement.
You are said to be at fault when you are not.
You are not sure what your rights are or what to do.
You would rather have an experienced professional negotiate on your behalf.
When the accident is minor and nobody was injured, it may make more economical sense
to handle the claim on your own.
Are there alternatives to going to court?
Yes, you could demand a settlement from the insurance company on your own by
submitting copies of your medical records, bills and other supporting documentation of
damages sustained. You will be presented with an offer. If you are not satisfied with this
offer, you could request mediation.
It is unlikely that the insurance company will mediate your claim unless there are serious
and/or catastrophic injuries involved, in which case it is better to seek an attorney’s help.
Another option is to file a lawsuit requesting the court to order mediation, arbitration or
any other form of settlement discussions with parties involved.
4.3
A:
4Common Questions & Answers
FISHER & TALWAR (213) 891-0777 [email protected]
Who can recover damages?
The person who is injured has a right to make a claim. Spouse of the injured individual can
also seek compensation for being deprived of benefits of a family relationship (having a
normal marital relationship).
If a close relative witnessed the accident and is emotionally distressed, he or she may also
seek to be compensated.
If a person dies in an accident, the following individuals may have legitimate claims:
Surviving spouse of the decedent.
Surviving domestic partner.
Surviving children.
Issue of any decedents including children, grandchildren and so on.
Putative spouse - of a void or voidable marriage who is found by court to have
believed in good faith that marriage to decedent was valid.
Children, stepchildren or parents of the putative spouse.
How much can I get for my injuries?
5.1
A:
5.2
A: When you need plumbing repairs, the plumber can give you an accurate estimate of their
services based on rate for similar projects in the past and the cost of supplies. Personal
injury attorneys rarely have similar cases. For this reason, it is often very difficult to list any
sort of dollar figures without looking at the facts of the case. Since each person’s case is
different, compensation will vary.
In California, you are entitled to general and special damages:
General damages consist of “pain and suffering” or “quality of life” damages. This is
based on type of injury suffered, amount of discomfort and duration of your injury.
Special damages are things such as medical bills, loss of earnings and cost of repairing your
vehicle.
No attorney can give you a simple value of your settlement. However, a case’s worth is
calculable by adding up medical bills, lost wages, pain and suffering. Even after all of these
things are added up, the figure may be inaccurate depending on how much your medical
liens are negotiated down by your attorney, whether you have health insurance and what
types of expenses you owe. Expenses vary depending if the case settles or goes to trial.
5Common Questions & Answers
FISHER & TALWAR (213) 891-0777 [email protected]
How much time do I have to file a claim?
Unless you’ve been involved in an accident with a state, county or local governmental entity,
you have two years from the date of the accident to file an injury claim in California.
Government tort claims must be filed within the first six months from the date of the
accident. Failing to file on time will result in losing your right to sue.
Can I be compensated while out of work?
6.1
A:
6.2
A: Yes, if you have missed work due to your injury you are entitled to compensation. State law
allows for recovery of general and special damages by the injured.
How much you recovery will depend on how much pain and suffering you went through,
what your medical bills are, repair costs and how much income you missed due to being
injured.
Who is going to pay for my medical bills?6.3
A: There is a lot of confusion about who is supposed to pay for your medical bills if the accident
was not your fault. Does your personal insurance cover your bills? Does the other driver’s
insurance company have to cover them? How does this work?
There are four ways to take care of your medical bills:
1. Worker’s compensation claim - employer-provided insurance to cover
individuals injured on the job. As long as you were injured in the course and
scope of your employment a worker’s compensation claim will cover your
medical expenses.
2. Your own health insurance - if you have a personal medical insurance policy,
you have the option of having it cover your medical bills per your policy rules
and limits.
3. Med Pay - this is an optional provision some people carry on their insurance
policy that covers medical expenses. Medical payments coverage applies to all
vehicle occupants no matter who was at fault. Check your insurance policy to see
if you carry med pay coverage.
4. Medical Lien - an arrangement where you will be treated by a doctor while your
medical payments are delayed until you complete your case with the other party.
This is the most economical option for people to get the care they need yet still
be able to pay their expenses after a settlement is reached.
Continued on next page �
Common Questions & Answers 6
FISHER & TALWAR (213) 891-0777 [email protected]
Note: A lien is not free medical care. If you are unsuccessful at winning your case, any
money owed for medical care provided must be repaid (usually via a payment plan).
If you choose to be treated on a medical lien basis, our attorneys will work for you to reduce
your medical bills, so that you can keep more of your money.
I have no health insurance, how does this impact my case?7.1
A: Typically, when you don’t have health insurance, a doctor will treat you on a medical lien.
Once your attorney settles your case, your doctor is paid from the settlement.
This is beneficial for two reasons:
1. You can get the necessary medical treatment right away without having to worry
about payments.
2. You avoid jeopardizing your case by getting treated right away, instead of waiting
and allowing time to damage to your potential case.
What if I was partially at fault?7.2
A: If part of the accident was your fault, you may still be able to recovery compensation
depending on the percentage of your fault. If the defendant’s conduct was a substantial
factor in causing the accident, you can still recover money. This is called a comparative
negligence system which the State of California has adapted.
If you are not sure what percentage fault was your own, give us a call (213) 891-0777 and
we will help you determine whether you have a good case.
NEXT: Important Tips �
7Common Questions & Answers
FISHER & TALWAR (213) 891-0777 [email protected]
Uninsured / Underinsured Coverage
A recent survey has revealed that nearly 1 out of every 3 drivers in California is uninsured
or under-insured. For this reason, it is best to carry sufficient uninsured / under-insured
motorist coverage (UM) on your policy.
UM coverage is great to have and allows you to file an injury claim with your own insurance
company since the other driver’s coverage is insufficient or non-existent. UM coverage is
typically very affordable and we highly recommend it.
This type of coverage protects not only you as a driver but also as a pedestrian, bicyclist,
motorcyclist, and a bystander. Passengers of vehicles, policy holder’s family members and
persons you trusted your vehicle to are also protected.
What if you don’t have uninsured / underinsured coverage?
If you are involved in an accident with an uninsured or underinsured motorist and your
damages exceed their policy limit, your only option for full compensation is to file a lawsuit
to go after their assets. However, most people who do not carry coverage or don’t carry
sufficient coverage have little in terms of assets. It is in your best interest to be covered
under your own policy than risking a lengthy lawsuit that may result in little or no
compensation.
Med Pay Provision
Medical payment provision also referred to as med pay or med-pay is a type of voluntary
coverage where payments are made to any injured occupant of the vehicle in an accident
regardless of who was at fault. There are no deductibles or co-insurance requirements with
med pay, which is what makes it so great. You can use reimbursements from med pay to
cover your bills before the settlement is reached, avoiding having your bills sent to
collection. We highly recommend this type of coverage.
If you have any questions about information presented here, please give us a call at
(213-891-0777) or email [email protected]
8
8.1
8.2
Important Tips
FISHER & TALWAR (213) 891-0777 [email protected]
Do’s and Don’ts
DO:
Get medical help right away.
Contact the police.
Get license information from all drivers involved.
Collect contact information from passengers and witnesses.
Take as many photos of the accident and vehicle damage as possible.
Sketch the accident on the checklist.
Notify the DMV of the accident within 10 days of the date of your accident.
Notify your insurance company of the accident.
Have your own insurance company pay for collision damage. Your insurance
company owes you a duty of good faith to fairly and promptly repair your vehicle
and settle your property damage.
Have the at fault individual’s insurance company cover your rental car while your
vehicle is being repaired.
Hire an attorney to help you get the most for your injuries.
�
�
�
�
�
�
�
�
�
�
�
Important Tips
�
DON’T:
Don’t avoid medical treatment for any reason. If you do not see a doctor, you risk
jeopardizing your claim. The longer you wait, the harder it is to prove that your
injuries are related to the accident.
Don’t give the police officer a statement if you are shaken up and can’t think clearly.
You can always give a statement after you feel better.
Don’t give the at fault driver’s insurance company any type of statement (written or
oral). You are not required to do this and it can significantly hurt your claim.
Don’t accept any personal injury settlement while you are still hurt or being treated
by a doctor. You can only obtain a settlement once. If your pain persists after you’ve
already settled, you cannot request any further compensation.
Don’t exaggerate your claims. Deception, fraud or stretching the truth will never
help you in any way. Also, don’t understate the extent of your injuries as you are
entitled to full and fair compensation for injuries caused or exacerbated by the
accident.
Don’t avoid speaking to an attorney because you feel that you cannot afford one.
Good personal injury attorneys work on contingency basis and only collect fees if
your case is resolved successfully.
If you have any questions regarding any of the items listed above or any other
personal circumstance, give us a call at (213) 891-0777 or email Vibhu Talwar
[email protected]. We offer free consultations and collect no fees unless you win.
�
�
�
�
�
�
�
�GUARANTEEZERO FEE
9