- posted: Sep. 29, 2021
Have you been in an auto accident or received a DUI and received a letter or call like this? If so…What Should You Do? There are so many scams going on in the Age of Covid. Why you ask are there more scams? Well, more people than ever before, are home to answer the scam calls. Thus the percentage of getting through to the “sucker’s” has gone up.
If you had a Traffic Accident or DUI, do you call the police? Do you talk to the police if they contact you? Do you say you don’t want to talk to the police or insurance adjuster…OR that your lawyer has advised you “not to talk without his permission”. In other words, I suggest you set up your lawyer as a strawman. Thus, it is not you that is unwilling to talk, but rather your lawyer has advised you, that until you get his or her permission you do not talk.
Do you report the T/A or DUI to your insurance co? With an auto accident you have agreed in your auto insurance contract to notify your insurance company of an accident right away. In addition the State of California requires an SR1 be filed asap. Unless your contract says something different, there is usually no obligation to advise the insurance company of your DUI.
If they ask if you have had a DUI since their last contact, don’t lie. However, why alert them? In all likelihood they will just cancel your insurance. I know they can’t inquire yearly with every customer if they had a DUI. They just don’t have the man power, and I don’t believe computers are sophisticated enough to notify them. Anyway, you are presumed innocence until convicted or you enter a plea on the DUI.
For a not at fault Traffic Accident, Do you take the Ambulance? Go to the Hospital? Must you attend all Follow up doctor’s appointments? If not what happens? When the doctor prepares a report it will show “missed appointments”. The insurance adjuster will use that to argue that you must not have been that hurt.
With respect to doctors, it matter which doctor you see. As a rule I suggest to NOT SEE a doctor you have treated with before. This is because we all have skeletons in our closet. It may have been your telling the doc about your sexually transmitted disease; your depression over your wife or kids; your using a controlled substance; your having had an abortion as a Catholic and not telling your spouse; your prior slip and fall in the shower or around the pool; a sports injury that is the same as your current complaint etc. These are all things that can hurt your case in the eyes of an adjuster and or jury.
With respect to treatment, how long do you treat with each doctor and which doctor should you see? …a family doctor or one your attorney suggests? Before seeing any doctor, write down what is hurting you… from the top of your head to the bottom of your toes. Thus, when the doctor inquires what is hurting you?... you won’t forget to mention a pain.
You must become very body aware. I remember, when I had my accident that my neck was hurting. Until I bent over to pick up a pen, I did not realize I had a pain on my side too.
In addition, a good lawyer will advise you to be aware of your Loss of Enjoyment of life and Loss of Earnings? This could be a trip, event or dinner you had to cancel because of the pain? I have had several clients who missed a wedding. One was theirs and the other was her mother getting remarried in Santa Barbara and when she was rear ended on PCH, she could not make it. One client was on his way to take his Medical Boards to be an MD.
Unless you keep a Diary, you will forget some of the above. In the time before the case is resolved, you will forget where you were hurting. You will remember you were hurt, but may you not recall where.