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Auto Insurance Claim Information

If you've been involved in an accident:

  • Call your insurance agent immediately upon getting home from the accident. If you are seriously injured and taken to the hospital, have a family member report the collision to your insurance, with your assistance.

  • Review your coverage with a lawyer prior to speaking with your agent. Become familiar with its terms and policies.

  • Take detailed notes on your conversations with insurance agents and representatives. Be sure to note names, contact numbers, and information on supervisors.

  • Review all insurance policies—you may have coverage in multiple policies. Homeowner policies may have “umbrella” clauses that could assist you in recovery.

  • Keep a disposable camera in your car to snag pictures of your car, injuries, and if possible, the accident scene.

  • Be open with your insurance agent, and retell all facts of the event. Even if you felt you were doing something silly, like flirting with a potential mate while driving, which made you lose your concentration, it is important to get all facts across.

  • Keep records of all expenses, including lodging, car rentals, and meals in relation to time spent pursuing your claim or recovering from injuries sustained in the accident. You may get additional funds in your settlement if this is recorded and submitted to your lawyer. 

  • Don’t accept the first appraisal for losses sustained from the accident. Insurance agencies generally estimate on the lower end of the spectrum, so try to seek a second opinion.  Obtain legal advice before signing any waivers or releases issued by the insurance provider. Be sure to read all fine print.

  • Check with your attorney before accepting any check labeled “final payment”.

  • Pay attention to time limits set by your policy. Meet the terms of these limits to avoid any conflict later on. Most insurance companies will accept legal action and claim adjustment within one year of the incident. It is in your best interest to act immediately, however, especially if serious injuries are sustained.

Dealing With Underinsured and Uninsured Motorists:

Although insurance is a requirement to operate a motor vehicle, not all drivers adhere to these laws. If you are injured physically in a collision with an uninsured or uninsured motorist, you may be entitled to uninsured motorist coverage or underinsured motorist coverage. You will be entitled to compensation for bodily injuries sustained in an accident caused by a responsible drive who has no coverage. It is imperative to contact an attorney immediately if you have been in an auto accident with an uninsured or underinsured motorist to ensure you receive all compensation available to you.

In order to receive these benefits through uninsured or underinsured motorist insurance, one must establish legally that the questioned motorist is at fault. You must also claim the at-fault driver’s policy limits before collecting under your own insurance.

Insurance under these two cases is stackable, meaning an individual may stack coverage from multiple policies. It would be useful to research these options with an attorney and qualified insurance representative.

No-Fault Insurance:

This form of insurance does not require a claimant to prove whether or not they were at fault in an accident. The insured need only show they were injured in a collision. No fault is claimed on either party, and each party involved merely submits a claim to their respective insurance companies. By using this type of insurance, you limit your ability to sue other drivers, but keep yourself protected under the policy. Damages are paid for by your insurance, up to your policy limits. Other motorists involved in the collision will need to be covered by their own insurance. Because no-fault insurance differs from state-to-state, and is not the standard type of policy available, it is important to speak to an attorney before calling your provider or making a claim.

Frequently Asked Questions-- Insurance:

  1. Should I get a lawyer?

In most cases, yes. The insurance adjustors will take you more seriously, and an auto accident attorney may be able to argue a better claim in your behalf. The cost to the insurance companies jumps once an attorney appears on the scene. Most insurance agents do not want to see a case taken from their hands and taken to court—they have less power and will probably get a settlement that benefits the accident victim more than the insurance company. In addition, their insured (the motorist who is considered at-fault in this incident) will not want to get involved in a lawsuit. Adjustors will be more akin to appeal to your demands with the presence and expertise of an attorney.

  1. Are medical expenses part of the personal injury claim?

Absolutely. The larger the medical bills, the larger your claim. Keep detailed records of all bills and medical services and treatments related to the accident. Insurance adjustors and opponents’ attorneys will go out of their way to justify your “pain and suffering”, so try to find records that describe the length of time of partial disability or total disability. Make copies and keep the originals.

  1. What is Medical Payments Coverage? How does this relate?

Medical bills arising out of the accidents are paid for through this coverage, no matter who is the faulty party. It would be beneficial to speak to an attorney so you understand your rights in this matter.

  1. Can I record time lost from work due to the accident?

Yes, and you should be reimbursed for each penny lost due to the accident. This is also known as “Lost Earning Capacity”. Even if you were able to take sick leave or get some sort of compensation from your own insurance, you are entitled to compensation for lost time and earnings.

  1. What about a property damage estimate for my vehicle?

A damage repair person and an insurance adjustor will agree upon an “Agreed Cost to Repair” for your vehicle. Be sure to note other property losses, such as clothing, jewelry, items that bay have been ruined in the crash (like laptops, briefcases), and include written proof of their individual costs and date purchased.

  1. What is my case worth?

Evaluating a personal injury claim may take some time and effort. A number of factors play into getting a complete estimate. There is no formula, but the end result will take into account the extent of your physical injuries, medical bills, property damage, how your injuries have affected your ability to work and gain income, if you are disabled, if you have preexisting injuries, your age, and how your family was affected by the auto accident. It is best to consult with an attorney early on in the negotiation process.

  1. How soon should I settle my case?

While it is encouraged to begin early, give your injuries enough time to surface so you know the full extent as a result from the crash. If you begin assessing your claim too early, and more injuries appear, the insurance company may say they were caused by another incident unrelated to the auto accident.

  1. Do I have to pay for an attorney, experts, and other costs if I go to trial?

At Estey & Bomberger Law, we don’t take any money until the case is won. There are no contingency fee or hourly charges. Clients generally have to pay for litigation costs, but these can be avoided if the case does not go to trial.

  1. I have a prior injury. Will it affect my claim?

In general, the negligent person is responsible for only the injuries sustained in the auto accident. To make a claim, you must prove negligence n their part, and that same negligence caused your injury. You should prove that their negligence worsened your previous injury.

Drunk Driving:

If you or a loved one have been the victim of a drunk driving accident in Riverside or San Diego, the experienced and aggressive attorneys at Estey & Bomberger are here to help. Over 17,000 people are killed each year as the result of drunk driving accidents. Through their negligence, our loved ones suffer—regardless of age, sex, race, and nationality. By obtaining a committed lawyer, you can convict the guilty party and get a claim to help overcome the physical and mental trauma of such an incident. If you are a victim of such an incident, please call the drunk driving victim attorneys at Estey & Bomberger as soon as possible.

Under the influence of alcohol, drivers have impaired judgment, and are unsafe on the road. Swerving, inability to stay in lanes, changing lanes without signaling, ignoring red lights, speeding, driving way under the speed limit, and even driving on the wrong side of the road are behaviors performed by a drunk driver. Accidents caused by drunk driver are often fatal, and detrimental to both parties. Injuries caused by drunk drivers include spinal injuries, severe traumatic brain injuries, paralysis, skull fractures, disfigurement, bone fractures, and death.

Just as in other auto accidents where you are not at fault, you are able to make claim to cover property damages, medical bills, injuries, rehabilitation services, transportation costs, pain and suffering, and other related expenses caused by the incident.

Auto Accident Prevention:

Auto accident prevention is the first step in being safe on the road. Whether or not you have been in an accident in the past, it is never too late to start practicing safe driving habits like wearing a seatbelt, obeying the rules of the road, and driving defensively.

It is essential to remove any and all distractions from driving performance. These distractions include:

  • Adjusting the radio

  • Changing CDs

  • Dialing and talking on cell phones

  • Picking up fallen items from floor of car

  • Eating or drinking

  • Personal activities like applying makeup

  • Reading maps or newspapers

Doing these activities immediately takes your mind away from driving, focusing your attention upon the immediate task at hand. You will be less-likely to respond effectively to a problem on the road or quick change in flow of traffic if preoccupied.

It is also essential to be courteous on the road. Angering other motorists will only raise tension and create problems. You don’t know who that person was who cut you off, but angrily gesturing will not aid you. They could be violent or mentally unstable, and you could be in a greater problem than merely getting cut off. Drive defensively to save lives. Drive at least one car length away from the person in front of you for every 10 miles an hour you are driving. If you turn your blinker on to change lanes and another car speeds up to cut you off, let them pass to avoid an accident. In addition, slow your usual speed in harsh weather. The roads become more unsafe in rain, sleet, and snow, and it is best to slow down and be more aware of your surroundings.

10 Tips for Safe Driving:

  • Don’t drink and drive.

  • Reduce or remove distractions like reading maps or chatting on your cell phone.

  • Avoid encouraging aggressive drivers.

  • Maintain a constant speed

  • Keep your car running smoothly. Get it checked at the mechanic’s often.

  • When approaching intersections, exercise caution.

  • Be aware of road and weather conditions.

  • Check rear-view mirrors every 15 seconds and make sure your mirrors are adjusted appropriately.

  • Leave a safe distance between your car and others.

  • Take a class in defensive driving.

Bad Faith:

If you have had an insurance claim denied by your insurance company, and the claim is legitimate, that may be considered bad faith on the part of the insurance company. Call us for additional information and to get free legal advice. We offer free consultations and you pay no attorney fees unless we recover money on your behalf. Call now!