Below is a set of questions we frequently receive from our clients.  If you have been involved in an auto accident and have any questions about your legal rights or injuries, call me at (817)- 885-8000 and schedule your free consultation.  I will deal with your insurance company so you don’t have to.

What Happens First With My Insurance Claim?
Usually, the first part of the case that is settled is the amount of car/truck damage.

• Inspection:  First, you will usually be contacted soon after the accident by the insurance company to inspect your vehicle.  Until they do so, they cannot decide how much to pay you (A) as a “total loss” or (B) in repair charges.

• Tip:  You should try to not be physically present when their appraiser comes out to inspect.  Arrange to have a family member or friend there to point out all damage and monitor the situation.  Make sure you have good photographs showing all damage before it is repaired or hauled away to the salvage yard.

• Value of vehicle:  You should try to have a dealer or reputable body shop appraise your vehicle now, so you will know if you are being treated fairly.  Can it be fixed for more or less than its fair market value? Or is it totaled (it will cost more to repair it than it is reasonably worth). The offer from the insurance company is sometimes less than you would like, so it helps to have “ammo” to fire back at them.

• Tip: If you have receipts showing recent improvements to the vehicle (e.g. brand new CD Player), get those.  Oil changes and the like are considered routine maintenance and are not reimbursed.

• Rental car:  Many insurance companies will pay $20.00 a day to an agency like Enterprise (or let you charge the rental on your credit card and reimburse you) for a LIMITED amount of time for a small rental car.  If your car was totaled, some will NOT pay for any days you drive it after they determine your vehicle was a total loss.  So you should be shopping around for a new set of wheels now.

• Tip:  If you have a lien (car payment), call the bank or finance company and explain what has happened, and try to see if they will “roll over” your new car note into the old one.  Many of my clients unfortunately end up owing money.  The vehicle may have depreciated and may not be worth as much as thought, the insurance company doesn’t want to pay as much as wanted, or the interest rate and other fees may have jacked up the amount of the note.

• Tip:  If your car is totaled and is paid off, you will be required to sign over the original title to the insurance company, so you should locate that now.

• Towing and storage of your car:  Again, the insurance company will usually pay a certain amount of necessary storage.  Make sure that your vehicle does not just sit out on a dealer’s lot for weeks, incurring charges, unless it will be worked on or can be totaled.

• Personal property lost:  If you lost any personal items in the collision (e.g. baby car seat) you need to make a list for the insurance company showing in as much detail as possible what was damaged.  For starters, list the item, date purchased, purchase price and market value at the time of the collision.  Receipts will speed up the reimbursement process.

• Tax, title and license fees:  If your vehicle is totaled, most insurance companies will also pay you sales tax, title, and license, in addition to your other property damages.  Make sure that this is included in your settlement discussion.

What happens if they do not offer me enough for my car?
Even after presenting evidence of what your vehicle was really worth in its condition, if the insurance company doesn’t want to pay you as much as you’d like, we will fight to recoup that loss from your bodily injury settlement.  And you can always file the claim on your auto policy and have your company go after the other company, as a last resort.

What Should I Tell My Doctor?
Since you are feeling pain and discomfort, tell your doctor!  Be specific.  There is no medical test for him to see or measure your pain, so he should take your word for it.  Since he is writing down detailed reports of your visits, and the insurance company will read these reports, it is critical that you let him know of your complaints of pain, disability, aches, limitations of movement, and inability to work.

Can I change doctors?
If you are dissatisfied with your doctor's care, let us know.  Perhaps a different doctor, or a specialist, would be better for you.  We can refer you to someone you may be happier with and who may be more experienced in dealing with your type of injury.

How do I pay the doctor?
These are your choices:

• Health Insurance:  Tell the doctor’s office that this is covered by your medical/hospitalization insurance, if you are covered by a policy on your job or personally.  You may be, so look into this.  It is important that your medical bills are paid by another source (other than from your settlement)    if you expect to receive an adequate monetary settlement. Tell them the name of the company, policy or claim number, and any other information about the accident you may know. 
  

Hopefully, they will forward the bill to the health insurance company for payment.  But be aware that many companies insist of being repaid from your settlement (“subrogation”), but sometimes the amount of medical bills end up being reduced.

• PIP (Personal Injury Protection benefits):  Check your auto policy (or the driver's or owner's if you were not the driver or owner) to see if there are P.I.P. benefits available.   PIP will pay for your medical bills and 80% of your lost wages, usually up to $2,500.00.  If you want, your doctor can file on your PIP    many will.  Keep track of your remaining PIP balance to insure that you "don't leave any money on the table."  You are paying premiums for PIP, so you might as well use it.  PIP does not have to be repaid.  Medical Payments (“Med Pay”) does, however.
  

• LOP (Letter of Protection):  If the doctor refuses to look to insurance for reimbursement, and you are not able to pay the bill yourself, ask him to call this office to have us guarantee payment from the final settlement of your case.  Many doctors work with us on this basis.
  

What if I'm broke or too hurt to see a doctor?
Do not let a lack of money or pain prevent you from seeing, or continuing to see your doctor.  This will limit your financial recovery.  If you have to cancel an appointment, you need to call as soon as possible and reschedule.

What If I Change doctors?
If you change doctors, tell us immediately.  We keep track of your medical condition, medical bills, treatment, and release date.

What if my doctor says I'm okay now?
If your doctor releases you from his care, or if you return to work, let us know immediately.  You may or may not be ready to go back to work or resume your normal routine.  Some doctors may just not know how they can help you, while others may.

Should I keep my receipts?
Yes!  Please mail all medical bills, drug bills and correspondence (letters from the insurance company, your employer, cards from adjusters, doctors, or anyone else) concerning your injury.
 
It is important that we maintain a complete and up to date file on your case.  If you should need a copy for some reason, let us know and we'll mail you one, or mail back the original.  Several envelopes are enclosed for your use.

Who can I tell about my case?
DO NOT discuss your case or your physical condition with the insurance company's adjuster, employer, or any other stranger, whether in person or over the telephone.  Immediately refer such person to us for any information they may ask for.

Can I get "light work?"
If you are released by your doctor for "light" (or full) work duties, explain your medical condition to your employer.  Perform the tasks you are able to do and advise your supervisor of any restrictions placed on your work by your doctor or known to you.  If you do return to work prior to settlement, keep a record of the days worked and amounts earned.

How long will my case take?
Although I know this process is frustrating, please try to be patient.  I cannot fairly settle cases until I have a good idea of the nature and extent of your injury.  “Whiplash” cases are especially hard to diagnose and may be more serious than originally diagnosed.

It is important to know that your case will not be settled until the damages have been determined and all investigations to determine who is liable have been completed.  It generally takes several months to gather the necessary information. If a trial becomes necessary, it can take several years to complete a case.  We will work as hard and fast as possible to settle your case quickly.  It takes time to determine your injuries and get medical reports from doctors.  Insurance companies do not settle cases without complete medical reports from doctors, property damage estimates, lost wages statements, medical bills, and other information.


What is the Value of My Case?
It is impossible for us to tell immediately how much money, if any, you will recover in connection with your case. There is no formula and each case is unique and different. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, as well as the nature, extent, and duration of your injuries, along with an assessment of liability.  We feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of money. We will advise you of our evaluation in this regard.

When do we file suit?
Although filing a lawsuit is always an option, by law we have until two (2) years  (24 months) from the date of your collision (in most cases) to file suit.  Since going through the litigation process can take years, is very expensive, and can be emotionally draining, almost all of my clients prefer that we first attempt to obtain a reasonable cash settlement before filing a lawsuit.  We never sue, in any event, until at least three months have passed so we have a good idea of the extent of our client’s injuries.
Although a lawsuit may have to be filed, settlement is always possible. Negotiations continue and only a small percentage of lawsuits actually go to trial.

What If I'm Hit by an Uninsured/Underinsured Driver?
If you were hit by an uninsured motorist or underinsured motorist, you may be eligible for benefits under your own policy or the policy that covered the vehicle you were in.  In most cases, you will be able to collect for your lost wages, medical bills, pain and suffering, etc., in the same way as if the driver that hit you did have insurance. We ask that you provide us with a complete copy of your own insurance policy in force at the time of the accident.

Who should I call if I have questions about my Accident?
Our knowledgeable and dependable staff can answer any question you have about your accident.  Car wrecks can be a traumatic and confusing event.  Call our office to schedule a free consultation and I will further explain the ways you can be compensated for your injuries.  The insurance companies will have an attorney, shouldn’t you?