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How will the insurance company evaluate my San Diego car accident claim?

July 30th, 2020

By Omid Rejali, Esq.

Insurance companies use a system to evaluate claims. This system is based on the data that is inputed into it. Once the data is inputed into the system it give the insurance adjuster claim evaluator a range of which what your case may be worth.

Here are some factors that the system takes into account:

  1. The extent of the injuries (whether they are life long such as if you have been limited to a wheelchair or if you have had a broken bone).

  2. The type of injury (Spinal injuries vs. Brain injury).

  3. Past settlements

  4. Attorney handling the claim and the firms reputation on going to trial (this is an important factor***

  5. Loss wages

  6. Medical bills

  7. The venue where the incident took place (San Diego versus Los Angles)

  8. Did you receive treatment right away

  9. Your age

  10. Any previous claims

  11. Prior similar injuries to the same body part as you are claiming injury to in this claim

  12. Their insured potential exposure should the case go to trial

These are only some of the factors that go into how the insurance company adjusters evaluate your case. As you can see there are many variables. Amongst the one's that we see being argued most of the time by insurance company representatives to not pay full value for your claim are: 1) your injury was pre-existing and 2) you did not seek treatment for your injury right away.

Of course both of these arguments are bogus arguments. The facts that your injury is pre-existing although relevant is not a deal breaker. This is because even if you had a pre-existing injury and that injury got worse as a result of the current San Diego car accident, then you would still be entitled to recover damages for the harms you suffered.

There are many reasons why a you may not have sought treatment for your injuries right away. It could be that you did not have health insurance and you did not want to have to pay out of pocket; or initially you thought that the pain would go away on its own, but unfortunately it did not and so you chose to go to the doctor.

These are some of the factors insurance companies take into account to evaluate you San Diego car accident case. It is never a good idea to try to settle your case with the insurance company on your own. I am happy to evaluate your case and give you my opinion. If you need to talk to me, you can reach me by texting 619-485-6313 or calling 619-887-4148 or by filling out our form here and I will get back with you.

Thank you for reading my blog. I hope this was helpful to you.

What is a medical lien?

July 23rd, 2020

By Omid Rejali Esq.

A medical lien is a contract.

Many times we have clients who either do not have health insurance; don't have the best health insurance or for a variety of other reasons do not want to use their own health insurance when they are involved in a San Diego car accident.

When faced with situations such as the ones mentioned we can provide our clients with options to treat with the best health care providers without having to pay any money upfront. These doctors are willing to treat the client, but will have a lien on the case.

What that means is that, once the case is settled either through mediation (I will discuss this in a different blog) or trial, the doctors will then collect their fee for the services they have provided.

So, there it is. A lien put simply is nothing more than a contract between you and the health care provider who has cared for you to be able to get paid for the services rendered at some time in the future.

Hope this information helps you.

We are always here to help or answer any questions you may have.

Thank you for reading my blog.

What to do following your san diego car accident case if there is no police report?

July 23rd, 2020

By Omid Rejali, Esq.

Many times when you are involved in a minor san diego car accident the police are not called or you may feel that a police report is not required because you were rear ended.

Unfortunately, I have seen time and time again when even when you have been rear-ended the insurance company for the at-fault party will come up with the wildest theories to put you at fault. For example, they may say that you backed into their insured.

Here are my suggestions when a police report has not been obtained.

1) Document everything immediately:

As soon as you get to a safe place, perhaps that night or the next day, document everything that happened on a piece of paper, on your phone, or on your computer. This information is critical because the closer to the time of the accident that you documents the events, the more fresh it is in your mind.

2) Contact your local police agency and make a police report

Based on the information that you have documented, you can then contact your nearest police agency and make a traffic collision report. They will take your information down and based on what you have provided to them will create a traffic collision police report.

3) If possible, have the driver of the other vehicle draw on a piece of paper how the accident took place

To record how the accident happened from the at-fault parties view point have them draw on a piece of paper and explain how they believe the incident took place.

4) If there are any witnesses make sure you get their information

If any witnesses witnessed the san diego car accident take place, make sure you get their name, phone number, and email address. The witnesses can be critical to proving how the events took place.

Insurance companies will go to great lengths to not pay money for the harm they have caused, including placing their own insured in harms way by exposing them to an excess verdict (more on this in a different blog). In a recent case, the insurance company for the at-fault party took 100% responsibility for the san diego car accident initially, and once they found out that our client has life-long injuries chose to change their story.

Keep these points in mind and if you have any questions, feel free to call us. We are happy to help.

Thank you for reading my blog.

    Rejali Law Firm

    This website is designed for general information only. The information presented in this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Before making any type of legal decision make sure to discuss your rights with a qualified attorney.

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