what to do when your lawyer says she lost your information in a personal injury car wreck claim

Should I tell my lawyer everything about my accidents?

When you hide past accidents, injuries or job firings, they may be caught off guard at the worst possible time. Telling your attorney everything upfront can help you and your case to be successful.

What should I do if I am sued for a car accident?

So, what steps do you need to take now that you have been sued: Call your insurance adjuster immediately. Give them a copy of the lawsuit as soon as possible. You have a duty to cooperate. Ask your insurance adjuster if they have paid to the plaintiff the hospital bill and lost wages caused by this wreck.

How can I fake injuries in a car accident claim?

Pictures or videos of the driver and his passengers laughing, or speaking on their cell phones, can be key to providing exaggerated or fake injuries involving your claim. As soon as feasible, inform your insurance company of the accident.

What information should I collect after a car accident?

Collect the following: 1 Other driver's name and address 2 Other driver's insurance company name and policy information 3 Statements and contact information from witnesses 4 Take pictures of the accident scene -- most smartphone cameras are suitable. If you can take pictures of the cars as they sit right after the accident it is best. ...

How do I negotiate more money from a car accident claim?

8 Auto Accident Settlement Negotiation TipsInitiate a Claim as Soon as Possible After an Auto Accident.Keep Accurate Records About the Accident.Calculate a Fair Settlement.Send a Detailed Demand Letter to the Insurance Company.Do Not Accept the First Offer.Emphasize the Points in Your Favor.Get Everything in Writing.More items...

How is emotional distress calculated?

California doesn't have a set formula for calculating pain and suffering. In order to recover damages for pain and suffering (including mental distress and other economic damages), the plaintiff must prove that they suffered this harm or are certain to suffer in the future as a result.

Can you lie about accidents on insurance?

Intentionally lying to your insurance company is a form of fraud, and could result in fines, community service, or even jail time. If you lie to your insurance provider, you could be denied coverage, quoted higher rates, or face penalties like fines, community service, or even prison.

What qualifies as emotional damages?

Emotional damages can be the mental repercussions of physical wounds such as a brain trauma that leads to forgetfulness, or insecurities caused by permanent scars, or physical reactions that stem from emotionally charged scenarios.

How much pain and suffering should I ask for?

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

How do I dispute a false insurance claim?

​You should first make a complaint to your insurance company's Internal Dispute Resolution (IDR) section. The complaint should be made in writing. Most insurers have a complaint form you can lodge online through their website or send by post. Ask your insurance company for the contact details of their IDR department.

What would you do if you suspect a client was lying about their insurance claim?

The California Department of Insurance has a Consumer Hotline to serve the needs of the public. If you have any information regarding fraudulent insurance activity, you may call the Consumer Hotline at 800-927- 4357. All suspected insurance fraud reported to the Consumer Hotline is forwarded to the Fraud Division.

How long does an insurance company have to investigate a claim?

within 30 daysIn general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.

What happens if you don't tell your lawyer about your injury?

If your lawyer sends you to a medical expert, and you don’t tell the doctor about all of your symptoms, it is very unlikely you be able to change the resulting report. Medical reports are crucial in personal injury claims. Reports document your injuries and your prospects of recovering from them. You cannot rely upon the doctor to ask exactly the right questions and extract all information about your injuries. Do not be afraid of doctors. If a doctor doesn’t ask you something and you think it is important, volunteer the information. If your injuries are not mentioned in a medical report, it’s unlikely that you will be compensated for them.

How do insurance companies respond to claims?

Insurers sometimes respond to a claim by offering a sum of compensation immediately. A lawyer will find it nearly impossible to value your claim without medical evidence, unless you have made a full recovery in a matter of weeks.

What questions should I ask a paralegal?

Not just that, ask the person handling your case some questions too: 1 Are they a qualified solicitor or legal executive? 2 How many clients do they have at any one time? I know of a firm where the paralegals (case handlers who are not even qualified) have up to 500 road traffic accident clients at the same time! 3 Where does the profit from your claim go? 4 What free legal advice do they offer?

How many clients does a personal injury lawyer have?

A personal injury lawyer may have over 200 clients at any one time, depending upon how complex the claims are and how much help they have. Some unqualified paralegals have 500 claims (usually road traffic accidents ).

Can you go back after a claim is settled?

Once settled, you cannot go back for more, except in rare circumstances. Read more on this here. If you have under-settled a claim due to bad advice from your lawyer, you may be able to bring a No Win, No Fee professional negligence claim to recoup your losses. 11. Believing you can deal direct without a lawyer.

Is a civil case scary?

It’s not scary.

What is the first step in a personal injury claim?

The first was to be sure any injuries you sustained were identified and fully treated. The second was to establish the existence of damages. While the facts you present make clear the other driver was wholly negligent, negligence alone is not sufficient to sustain a viable personal injury claim.

Is negligence sufficient to sustain a viable personal injury claim?

negligence alone is not sufficient to sustain a viable personal injury claim. To succeed in an injury claim requires evidence of negligence AND resulting damages. You have a minimal amount of damages. It is likely your medical bills didn’t exceed a thousand dollars or so.

Is it inappropriate to blame an attorney for a car accident?

To blame the attorney is inappropriate. You undoubtedly contacted a personal injury attorney to represent you in your car collision claim. For the attorney to have any chance of succeeding in such a claim, his or her client (you) would have to have “damages” to support a claim for injuries.

Types of Fraud

Soft Fraud is the most common form. It occurs mostly fallacious claims when claimants stretch the truth or exaggerate their injuries to run up bills and damages.

How to Make Use of Police Reports

Call the police if you are in a car wreck. In most instances, the police won’t arrive at an accident scene unless someone is hurt, the wreckage is blocking traffic, or the scene poses a danger to others.

Eyewitness Testimonies

After consulting the other driver and his passengers, search for witnesses to the accident.

Pictures

Pictures or photographs are solid pieces of evidence. Observing what the cars looked like directly after the wreck and at the point of force provides a way to disprove serious injury claims.

Make Reference to the NCIB

The National Insurance Crime Bureau (NCIB) created a list of 23 “suspicious loss indicators,” these are objects within a claim or its circumstances that signify the application may be fake.

Contact The Brown Firm For Help

All in all, despite your attempts, your insurance company could decide to go ahead and settle. Some reasons insurance adjusters approve a claim may be due to insufficient evidence of fraud, or it’s simply cheaper for them to pay the claim.

How to settle an injury claim if your insurance company has not paid?

All because your insurance company has not paid one single dime for the injury claim. Confirm the amount of your insurance “liability policy limits” with your adjuster. Ask them to be prepared to pay the whole amount. Ask the insurance adjuster what amount they have offered to settle your case for.

What happens if you tell the police you are at fault for rear-ending someone?

If you are clearly at fault for rear-ending someone, and you tell the officer at the scene that you are at fault, the insurance defense attorney will still most likely deny fault in the answer to the complaint. They are doing everything they can to protect the insurance company and risking your assets in the process.

What happens if an insurance company refuses to settle a case?

If the plaintiff offered to settle your case for the policy limits, and your insurance defense lawyer refused, that insurance company is not representing you in good faith. They are not honoring their promise to pay your claims that was implied when you paid them all of those premium dollars.

What to do if you hurt someone?

This way, you will have someone who is there by your side to truly protect your best interests.

Does the jury know the insurance company?

The defendant and the insurance defense lawyer are always covered by insurance, but the jury never knows it. The defense lawyer is fully paid for by the insurance company. The judgment is paid by the insurance company in ...

Can a plaintiff sue your insurance company?

1- The Plaintiff cannot sue your insurance company in personal injury claims. The only way to bring and file a lawsuit is to file the lawsuit against you (the individual that caused the wreck) directly. Is that the way I wish it was?

What to do if you have been involved in a car accident?

If you've been involved in a car accident, you may be thinking about hiring an attorney, or you may have already retained an attorney to represent you. In either case, there are certain documents your attorney will want to see to develop a full understanding of your case and your chance for a recovery. The following is a list of documents that your ...

What to do if your car is damaged in an accident?

If your car was damaged in an accident, it is a good idea to take pictures of the damage. If you did not take pictures, a representative of the insurance company may have. If you have pictures in your possession, provide them to your attorney. If you do not have pictures, but believe that the insurance company may have some;

What to do if you don't have a copy of your insurance statement?

If you don't have a copy, let your attorney know that you gave a statement so he or she can obtain a copy of it for you. Note: Generally, you aren't required to give a statement to the insurance company, particularly once you have hired an attorney to represent you.

What is the first step in a car accident case?

Gathering important documents is an essential part of any car accident case, but it's just the first in a series of steps. Consulting with an attorney who's experienced in handling car accident cases will help you better understand your case and know what the next steps are.

What is an accident report?

In those situations, they are required to draft an accident report, which often includes a diagram of where the various cars or pedestrians were at the time of the accident. The report will also include the on-scene officer's initial impressions of the cause of the accident.

What happens if you lose time from work?

If you've lost time from work as a result of a car accident, your attorney may be able to obtain compensation for your lost wages. To do so, your attorney will need to calculate how much money you have "lost" as a result of the car accident.

Tip 1: Manage Your Expectations for Compensation

Negotiating the general damages portion of your personal injury claim is challenging because there are no objective ways to measure the “pain and suffering” (non-economic damages) associated with car accident injuries.

Tip 2: Know What Counts as Pain and Suffering

To successfully negotiate a car accident claim, you must know what qualifies as pain and suffering. “Pain and suffering” is a term used for the physical pain and emotional distress you had to endure because of the injuries you suffered due to the car accident.

Tip 3: Support Your Claim with Outside Factors

Outside factors are circumstances surrounding the accident that could easily make a jury more sympathetic if your injury claim turned into a lawsuit.

Tip 4: Tell a Vivid Story of Your Pain and Suffering

Use vivid and descriptive language when explaining to the adjuster how the collision affected you on a personal level.

Tip 5: Describe Your Distress During Recovery

The fear and pain you experienced from the collision were only the beginning of your ordeal, thanks to the negligence of the at-fault driver. Use vivid language when describing your experiences after the car accident and during your recovery.

Tip 6: Link Evidence to Your Pain and Suffering

Simply stating you were completely miserable for a week after the crash won’t get much sympathy from the adjuster. You must justify your pain and suffering claim.

Tip 9: Remember the Adjuster is Not Your Friend

Don’t be fooled by a sympathetic adjuster. They are trained to settle injury claims quickly for as little money as possible. Be wary of friendly “small talk.” It’s one of the tactics adjusters use to get information they can use against you.

How to tell insurance that you are at fault?

First, inform the other person's insurer that you have been involved in a crash with one of its policyholders. Relay only the facts of the accident, even if you believe the other driver to be at fault, it’s not smart to just say that. Instead, give the insurer the facts to show their driver is at fault and liable for your damages.

What happens if you make a claim with your insurance company?

If you make a claim with your insurer, it likely will choose to fight the other insurance company for compensation if it finds that the other driver is at fault. If you decide to fight the at-fault driver's insurer on your own you'll need a lawyer — especially if you've been seriously injured.

What happens if an insurance adjuster doesn't authorize a repair?

If the insurance adjuster doesn't authorize a repair before you take it to the auto shop, it can create a problem. At minimum, make certain that the insurance company has accepted liability before going ahead with repairs. Get that authorization in writing. Ask the insurer to email it to you.

Why does my insurance company stand behind my story?

Because he probably told a version of how the accident happened that doesn't square with yours. His insurer may stand behind that story in order to avoid paying your claim. Sometimes the insurance company will take its policyholder's position, even if it contradicts the police report.

What is a third party claim?

What is a third-party claim? Here are some tips to ensure you maintain your cool — and your sanity — when making a claim with someone else’s auto insurance company, known as a third-party claim. (Making a claim with your own insurer is a first-party claim).

Why do insurers tell you to seek payment from your own insurer?

The at-fault driver's insurer may tell you to seek payment from your own insurer because it has no evidence of its policyholder's fault. Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts, or to deny claims when its liability is reasonably clear, you may not want to fight the other person's insurance company.

What does an insurance company take into account when making a determination of fault?

The insurer will take into account items such as the police report, driver and witness statements and physical evidence. (Here's more on what to do after a car accident .)