I hope this blog post will clarify some common assumptions and keep you safer in the event that you or a loved one is in a car accident. Injured people benefit from acupuncture after car accidents because it reduces pain, speeds wound healing and helps with overall stress. Too frequently, I find that people are not aware of their legal or insurance rights after an accident. Being in pain and stressed out makes decisions much more difficult too. This 2-part interview with personal injury attorney, Scott Kauffman has been inspired by the needs of my car accident patients. The goal is to share commonly held, but hugely inaccurate, myths about injuries and motor vehicle accidents. This is a timely interview with Scott. I trust him. He is smart, experienced, and makes it his life work to help people who have suffered in accidents get the best care possible and best options possible for recovery.
{Part II to be released this Thursday, 4/14/16}
Karen Reynolds, Acupuncturist in Corte Madera, CA:I have had injured patients on my acupuncture table who say: “I was in a car accident where there was huge damage to my car and to significant injury to me. Since the other driver’s insurance paid for my automobile damage, I’m sure they will pay for my physical medical care costs too.”
Scott J. Kauffman, Personal Injury Attorney in San Rafael, CA: Myth #1 Assessing and paying for car damage is quite easy. Once you take your car to a body shop, the body shop and insurance carrier typical work out an agreed price for the repairs. There is rarely a dispute regarding adjustment or settlement of the vehicle portion of the case.
On the other hand, resolution of the bodily injury claim is an entirely different matter. Disputes commonly arise over the settlement of the injury claim. Most injured parties fail to realize that the settlement of an injury claim is an adversarial process, with the insurance company seeking to settle the case at the lowest possible dollar value.
Injury attorneys attempt to even the playing field by ensuring that their clients are not mistreated or unfairly compensated by insurance adjusters who are better educated and trained in personal injury law. Attorneys have far greater leverage in the negotiation process in that insurance adjusters know that their insured can be sued in the event they make a low-ball offer on the injury claim. As such, most injured parties will do far better hiring an experienced injury attorney to assist them in navigating their injury claim.
Karen Reynolds, Acupuncturist in Corte Madera, CA:Recently I referred a client to you, Scott, and I’m so glad I did. She was in terrible back pain after her car was hit by a truck. She was being pressured by the truck driver’s insurance adjuster to meet and give a recorded testimony. Am I correct that the law does not require doing that and that there are risks involved in doing so?
Scott J. Kauffman, Personal Injury Attorney in San Rafael, CA: Myth #2: The law does not require an injured party to provide a formal statement to the insurance company adjuster. Once I’m retained to represent a client, I advise the adverse company that no statement will be provided. These statements are typically designed as fishing expeditions and are often used later in the case to undermine or reduce the ultimate settlement.
Karen Reynolds, Acupuncturist in Corte Madera, CA:I have frequently have patients who are involved in car accidents that were not their fault. They often presume that since they have a good insurance policy, their carrier will represent them with respect to their medical issues. Is this accurate?
Scott J. Kauffman, Personal Injury Attorney in San Rafael, CA: Myth #3: Many prospective clients believe that their own insurance company will assist them in settling their bodily injury claim. This is not accurate. Your insurance company is available to help pay for your car damage if you purchased collision coverage. They will also pay for an attorney if you caused car damage or injury to another party. On the other hand, if you suffered injuries as a result of the carelessness of another, your insurance company will not help or protect your interests.
For more information or to speak with Scott Kauffman personally, please see his contact information below:
Kauffman & Associates, PC
Personal Injury Attorneys
633 Fifth Avenue
San Rafael, CA 94901
Tel: (415) 507-0507
Fax: (415) 721-7005
http://kauffmanlaw.com
http://kauffmanlaw.com/san-rafael-personal-injury-attorney/