Put simply, a personal injury claim or case refers to someone who has been injured in an automobile accident and is seeking recovery money from the responsible party, almost always the underwriting insurance company of the at-fault driver.

Before you are awarded any recovery money for your injury, it must be proven that the careless person or business that caused the accident was actually negligent. This is called proving liability or responsibility, and is generally done by negotiation with the at-fault insurance company, either by yourself or with the help of an attorney.

If an agreement (or settlement) can not be reached, you have the option of taking the claim to court but are guaranteed nothing. Whether agreed upon by the at-fault insurance company or awarded by a judge or jury, a personal injury victim may be entitled to remuneration for past and future medical expenses, wage loss, pain and suffering, and loss in quality of life.

Note: If only your automobile was damaged in an accident, then you don’t have a personal injury case—however, you may have a property damage case. But many personal injury lawyers do not handle a property damage claims unless the person has also suffered injuries.

In addition to facing a jury, you will have added costs and expenses just by filing a lawsuit. Most attorneys increase their fees if you want to file a lawsuit, so be sure to find out what the fine print says in your attorney retainer about filing a lawsuit. These added costs come directly out of your settlement and often times are not reimbursable. This can be a huge gamble for you especially if you have a borderline offer already on the table.

Once you file a lawsuit, all offers are taken off the table and the end result can be better or it can be worse. If you end up with a worse offer than what was originally presented to you from the insurance company prior to the jury verdict, too bad so sad. You are stuck with the jury verdict and potential costs of filing the lawsuit. So unless you are 100% certain that you will get a better award from a jury, think twice about filing that lawsuit.

Most medical professionals will tell you that working with attorneys has caused them nothing but trouble. Think about it, medical professionals carry medical malpractice insurance and why is that? Because they get sued by attorneys. Its as if they are born to be enemies. However, in 0rder to have a successful claim against the insurance company, you need both the medical doctors and the attorneys to be on the same team. Your Team!

The best way to find attorneys and doctors that work well together is to ask. If you already have an attorney, find out if he has a doctor that he prefers to work with. If you already have a doctor that you are treating with, find out if he has an attorney that he can refer you to. If the doctor says something like, “Oh, we don’t work with attorneys”, you might want to try and find a different physician just in case you end up needing to hire an attorney down the road. The difference will be night and day when it comes time to settle your claim with the insurance company. Make sure your team is working for you and not against each other.

1. Waiting to seek medical attention. The longer you wait to see a doctor after an accident—even if it’s to see if you can get better on your own—the harder time you’ll have convincing the at-fault insurance company you were injured.
2. Failing to properly report the accident. This means you either didn’t file a report with the police at the scene of the accident or didn’t take pictures of the damage to your vehicle and injuries sustained.
3. Divulging too much information to the insurance company. Recovery from an injury takes time. Nevertheless, insurance adjusters will try and get you to commit to an injury, often the same day of the crash, even before a doctor has properly diagnosed and treated you. This is an attempt by them to reduce a payout to you. Don’t do it unless you want to minimize your claim (Simply say “I’ll know more once I finish treatment with my doctor.”)
4. Waiting to file a claim. As soon as you are able (the day of, if possible), file a claim with the insurance company. This can be done by you or an attorney, the latter of which can be added to your original claim at anytime, so long as a settlement hasn’t been reached.
5. Exaggerating or lying about your injuries. Don’t do it unless you want to kiss your legitimate recovery money goodbye.
6. Failing to complete medical treatment. If you skip visits or fail to complete your treatment, the insurance company will argue you weren’t really hurt in an accident. Stick to the program unless your doctor says otherwise, even if you feel you are getting better.
7. Exaggerating or lying about personal mobility. Some people do this in an effort to inflate their general damages award (aka “pain and suffering”). This is an auto accident, not the lottery. So for the second time, don’t fudge the truth. Be honest so you can get compensated for your injuries and loss of life (if any).

For a more comprehensive explanation of personal injury recovery, please see our Settlement Booklet.

First, call your insurance company right away. They might have important information for you especially if you are in a rental car.

Second, if everyone appears to be OK, finish your vacation. Don’t let a little car accident ruin what should be a nice and enjoyable time. If no one is seriously hurt, wait until you get home to work on the troubles of being in a car crash.

Third, know the statute of limitations of the state you are visiting. Every state sets their own statutes and the state you were visiting may have different statutes than your home state. Don’t assume all statutes are the same because they aren’t.

And finally, if you need to hire an attorney, please hire one in the state where the car accident happened. Hiring an attorney in the state where the car accident happened will ensure you are hiring an attorney that is familiar with that states specific laws. That includes the statute of limitations. If you need a referral for the state where the car accident occurred, please let us help you find a trusted attorney by using our network of licensed attorneys.

SALT LAKE CITY (Aug 31, 2009) — It used to be the only way to combat stingy insurance companies was to hire an attorney. Today, with the launch of CarCrashAssist.com, consumers have a new resource to help them navigate the complex auto accident process, which affects some 6 million Americans every year, according to the U.S. Department of Transportation.

As its name implies, CarCrashAssist.com features free information for drivers and accident victims seeking advice on insurance readiness, claim negotiation, and recovery strategies. New material is published three times a week and authored by a team of insiders who have worked extensively with attorneys and auto insurance companies over the years to expedite the settlement of claims.

“The idea for CarCrashAssist.com came after helping a relative last year settle a claim on their own behalf, without incurring the cost of hiring an attorney,” says site co-founder Mark Ormond. “Since most people only make one injury claim in their lifetime, insurance companies and attorneys used to be the only ones with the necessary information to obtain a fair settlement. With the launch of CarCrashAssist.com, that’s no longer the case.”

In addition to revealing well-guarded information, CarCrashAssist.com helps accident victims decide if they can settle a claim on their own or require the aid of an attorney. This is done using the website’s free Crash Evaluator™, which analyzes 11 user inputs to approximate the seriousness of an accident, before making a general recommendation based on similar cases. Since the questionnaire doesn’t take into account the specifics of an accident, all recommendations are subject to the discretion of the user.

In the likelihood of a serious accident, the Evaluator recommends (and optionally refers) the victim to an attorney. When it appears that a claim is less serious but still valid and negotiable, the Evaluator proposes the consideration of self-representation, without having to incur costly attorney fees.

For those wanting to settle a claim on their own, or hoping to compliment their experience with a licensed attorney, a “how to” guide called a Settlement Booklet™ is available for $19. Based on 10 years experience and thousands of settlements, the step-by-step booklet offers complete instructions to successfully negotiating an auto accident claim with at-fault insurance companies.

At more than 40 pages, the easy-to-follow booklet outlines key pitfalls to avoid to maximize a settlement, how to calculate the value of a claim, and specific negotiation techniques. Sample demand letters and treatment strategies are also included (pdf sample here).

“In the last 20 years, auto insurance companies have reduced claims paid to policy holders by a distressing 28 percent; that’s partly why there are so many lawyers,” says Ormond. “And since more than half of all people that hired an attorney were dissatisfied with the results of their claim, we feel the consumer is entitled to additional recovery options by way of better information—CarCrashAssist.com primary among them.”

For more information, please visit CarCrashAssist.com.

All the sudden your asking yourself how did all this happen? What kind of person would sue me over what appeared to be a small accident? Why isn’t my insurance company taking care of me? What do I do now?

Regardless of the severity of the injury to the person you hit, the thing you need to realize is your insurance company failed to protect you. They were looking out for their best interest and not yours. The only time you will ever get sued is if your insurance company and the injured party failed to reach an agreement through settlement. If they had reached an agreement, you would have been protected from a lawsuit because your insurance company would have made the injured person sign a release of claims protecting you from any further action involving this accident.

If you are ever served a lawsuit, you need to immediately call your insurance company. Find out the reason behind the lawsuit and try and put pressure on your insurance company to settle before the lawsuit goes any further. They may be as little as $500 apart or as much as a few thousand apart from reaching an agreement. The point is, if your insurance company fails to keep your lawsuit out of court, you may end up footing some of the bill out of your own pocket.

If your case goes all the way to trial and the jury awards more than your liability policy limits, you will be stuck paying the difference. This is why you want your insurance company to settle out of court. Juries are unpredictable. Your insurance company may tell you that you have surefire chance of winning, but what if the injured person hits a home run? You will wish your insurance company had done a better job trying to keep it out of court.

One recent Allstate commercial illustrates this point. The ad shows a court room scene where the judge imposes a judgment on a young man (the person at fault) in the amount of $100,000 after the auto accident. The defendant’s attorney turns to the injured person’s attorney to explain that the young man only has $50,000 in insurance. “Well, he has a college fund that can be used to pay the balance,” says the attorney. The concerned parents ask their attorney – “can they do that?” to which the attorney replies that they can.

Every attorney out there would rather settle out of court. Put pressure on your insurance company to increase their offer to settle out of court. Don’t roll the dice on your money by letting your insurance company tell you that you are guaranteed a win. By letting your insurance company try and save themselves a few thousand dollars, you run the risk of exposing yourself to financial liability. It’s not worth it.