Injury lawyer news - Back injury Talk
On Your Personal Injury Claim
By Atty. Tonisito Umali
(April 2006) THERE are basically two aspects of a common personal injury claim arising from a motor vehicle accident. These are the property damage and bodily injury aspects of the claim. For purposes of this article, I will only discuss the initial steps of the claim process where both the injured and guilty parties are insured. Also, the presumption here is that the victim actually suffered bodily injuries and that there is no dispute as to the other party’s liability.
What shall I do immediately after a motor vehicle accident? Check yourself if you are physically okay. Call an ambulance if you believe that you require immediate medical assistance.
If possible, secure the following information from the other driver:
Full name;
Full name of passenger/s (if any);
Driver’s license number and date of birth;
Current residential address and home telephone number/cell phone number (Note: Do not rely on the address printed on the driver’s license. It may not be current.);
Current work address and telephone number;
Insurance information. You may obtainthe following information from the other driver’s “proof of insurance card“: insurance company name, insurance company’s telephone number, name indicated in the policy (policyholder), policy number, policy period (effective dates) and the broker/agent’s name (if possible);
Registration information including: the registered owner‘s name and address (if different from the driver), the vehicle’s year, make and model, VIN (vehicle identification number) and license plate number.
Observe the damage to your and the other party’s vehicles. Talk to the other party. Ask if he/she is admitting liability. Take down the names of the witnesses (addresses and contact numbers), if any.
What shall I do next? Take pictures of your car and the scene of the accident. Write about the details of your accident as soon as possible. Also, write down the details of your injury and what may have been said during and immediately after the accident. Submit an SR1 (Traffic Accident Report) to the DMV. You may download this form from the California DMV website at http://www.dmv.ca.gov/ or ask for a copy from your insurance agent.
Then, have your car repaired. You have 2 options. If you have a “full coverage” under your insurance policy, you can have your car repaired by your insurance company. You may be required to pay your deductible. Please note that your deductible may be reimbursed as soon as the other party admits liability. The other option is to have the other party’s insurance company repair your vehicle by filing a claim against them. The only drawback to this option is that you may need to wait until the other party’s insurance company finishes their investigation or admits liability. However, you would not pay your deductible.
What if I feltI was not injured at the time of the accident, but I experienced pain later?
Immediately consult your medical provider regarding any pain or injury that you may be experiencing as a result of the accident. Only your doctor can answer your medical questions.
What is the guilty party’s liability for my bodily injury? Generally, a guilty party is liable to pay the injured person’s medical care and related expenses; lost income or missed work time; pain and suffering; permanent physical disability or disfigurement; loss of family, social and educational experiences and emotional damages resulting from any of the above.
There is no fixed mathematical formula to compute this. However, the following are some of the factors that may affect the amount of compensation the injured party may get: type of injuries; residual or permanent injuries;nature and extent of medical expenses; length of recovery; physical and emotional distress; loss of time, pleasures, opportunities, missed school and missed vacation or recreation.
Do I need a lawyer? You don’t need a lawyer to file a claim. However, it is good to have a lawyer so as to fully protect your interest and rights arising from the accident especially in cases where your injury and car damage are substantial . I advise that you start the claim process early, i.e. filing it within the first few days after the accident.
Can I talk to my (or the other party’s) insurance company about the accident?
Talk to your (or other party’s) insurance company initially to notify them that an accident occurred. Prior to providing any detailed statement (e.g. tape recorded statements or interviews) to either your or other party’s insurance company, carefully analyze whether you may first want legal representation.
Oftentimes, insurance companies want to settle the matter quickly even before you know the full extent of your injuries. If you enter into any settlement agreement with an insurance company and find outlater that your injuries require additional medical treatment or miss work opportunities (for which you were not compensated), then you may probably not get compensated for such damages later (particularly if you already signed a release).
Most law offices that handle personal injury cases offer free initial consultations and/or handle such cases on a contingency basis. You may want to consult an attorney to discuss your accident claim before entering into any settlement agreement with an insurance company.
(Atty. Tonisito Umali is a member of the California State Bar and Integrated Bar of the Philippines. He is also amember of the American Bar Association, Los Angeles County Bar Association and San Fernando Valley Bar Association.Atty. Umali obtained his Bachelor of Science major in Legal Management and Juris Doctor degrees at the Ateneo de Manila University. He served as a legislative officer to former Philippine Senator Nikki Coseteng and then Philippine House of Representatives Majority Floor Leader (now Senator) Mar Roxas II.He also worked as a legal consultant to former Philippine Senate Majority Floor Leader Loren Legarda. He taught Philippine Constitution and Philippine Local Government Code in one of the largest Philippine State Universities (Polytechnic University of the Philippines). He also worked for the law firm established bya former Philippine Attorney-Generalprior to forming his own law office with his late father. Atty. Umali also served as resource speaker in various seminars and wrote several articles for some Philippine non-government organizations. For your free initial consultation, you can contact him directly at#(818) 625-9855 or visit him at Chowdhury & Associates, 3580 Wilshire Blvd., 17th Flr., Los Angeles, CA 90010).
(Disclaimer: The information provided merely conveys general information related to legal issues commonly encountered in personal injury accidents. The author makes no warranty, expressed or implied, nor does he accept liability in regard to the completeness or results of the information provided on this article.)