Category Archives: Personal Injury

What Is Post-Concussion Syndrome?

Tuesday, October 16, 2018

A concussion is a type of traumatic brain injury that occurs when a force causes the brain to move inside the skull cavity, striking the insides of the skull. The brain essentially floats within the skull, and any traumatic impact or blow to the head can cause the brain to shift violently within this fluid. After the brain strikes the inside of the skull, the victim experiences a concussion, and the symptoms vary greatly from person to person.

A concussion may result in a brief period of unconsciousness, disorientation, and confusion. Other symptoms can include sensitivity to noise and light, headache, nausea, sensory confusion, and a host of other symptoms. The immediate effects of a concussion may only appear to last a few hours to a few days, but one of the most troubling aspects of concussions is their tendency to cause long-term problems, including post-concussion syndrome. In the event you or somebody you love sustained head injuries caused by the negligence of another party, speak with a Bakersfield brain injury attorney as soon as possible.

What Are the Symptoms of Post Concussion Syndrome?

An individual who experiences a concussion will be more susceptible to concussions in the future, and he or she may also develop post-concussion syndrome. The symptoms of this condition differ for every individual, so a physician may diagnose a patient as having post-concussion syndrome in one of many ways. Some of the most common symptoms of post-concussion syndrome include:

  • Headaches and dizziness
  • Vertigo
  • Anxiety
  • Mood swings and irritability
  • Sensitivity to light and sound
  • Insomnia or difficulty sleeping
  • Lapses in memory and/or diminished short-term memory
  • Fatigue, apathy, and symptoms of depression
  • Noticeable personality changes

A physician may look for three or more of these symptoms to diagnose a patient with post-concussion syndrome, and additional screenings such as CT scans and MRIs may help accurately diagnose a patient.

Prognosis for Post-Concussion Syndrome

Post-concussion syndrome has physical and psychological effects, making it difficult to treat in some patients. Rest is generally the most recommended treatment for a concussion, but this may exacerbate the psychological symptoms of post-concussion syndrome like depression, anxiety, and restlessness. Most patients who experience post-concussion syndrome make full recoveries within three months, but some cases can last a year or longer.

No one-size-fits-all approach to treating post-concussion syndrome is available, as the symptoms differ for every person who experiences it. Physicians must develop individualized treatment plans to address the physical and psychological symptoms of post-concussion syndrome for the best recovery experience.

Individuals who experience concussions and the symptoms of post-concussion syndrome should take care to prevent subsequent concussions in the future. Individuals who experience a second or third concussion generally report more severe symptoms, and repeat concussions are more likely to cause long-term damage.

Risk Factors for Concussions

Two of the most common causes of concussions in the United States are motor vehicle accidents and sports injuries. Motor vehicle accidents continue to be one of the leading causes of accidental injury and death in the U.S., and many people who survive serious car accidents sustain concussions. Many contact sports are prevalent in American life as well.

Football, hockey, basketball, soccer, and many other sports carry risks of causing concussions from collisions with other players, falls to the ground, blows to the head from equipment, and many other potential hazards. Athletes, especially younger athletes still in school, should take care to follow their sports’ safety regulations and wear appropriate equipment to prevent concussions.

While you can never predict the actions of other drivers on the road, you can use good judgment to do your part to prevent motor vehicle accidents and limit your risk of injury if an accident happens. Always wear a seatbelt while driving or riding as a passenger and drive defensively. Refrain from speeding and aggressive driving and use extra caution in high-risk areas like construction zones, heavy merging areas, and busy city streets. It’s possible to sustain a concussion from even a mild fender-bender, so safe driving is a great way to prevent these injuries

Posted by highrank at 9:25 pm

How Long Do You Have to Sue a Doctor?

Tuesday, October 9, 2018

Whenever you believe you have grounds to take legal action against another party for civil damages, you must first ensure you meet the statute of limitations for your claim. A statute of limitations is essentially a time limit for filing legal claims. Different statutes exist for different types of claims, and the laws concerning these statutes vary from state to state.

A medical malpractice claim is a complex civil action that typically requires a claim review from a medical board before it can proceed, and symptoms from some medical conditions or injuries may not immediately appear. If you are unsure whether your claim will meet the required statute of limitations for your situation, your Bakersfield medical malpractice lawyer should be able to help you determine when your statute of limitations started.

How Does the Statute of Limitations Work?

The justice system recognizes that injured people cannot always take legal action immediately following an injury. In some cases, an acquired injury or illness may not manifest any noticeable symptoms for a long time, making it difficult to pinpoint the exact date a medical condition appeared. However, the justice system also recognizes the need for a system that discourages frivolous or outdated claims that use valuable time and resources. Therefore, a claimant who wishes to take legal action against a medical professional must do so within the appropriate statute of limitations for his or her state. In California, the statute of limitations for medical malpractice claims is three years on the date of harm or one year from the date of discovery of harm.

Discovery Rule for Medical Malpractice Claims

The earliest date that a statute of limitations can begin for an injury claim is the date that harm occurred. This applies when the injury or illness is immediately noticeable, or the cause of the injury is immediately apparent. Several things may “toll” or delay the statute of limitations. The Discovery rule applies to cases involving symptoms that develop over time, or medical conditions that do not immediately display the full scope of harm.

Under the discovery rule, the statute of limitations may begin on the “date of discovery,” or the date the symptoms of harm became visible or noticeable. The court may also apply this statute to the date that a plaintiff should have noticed or discovered the harm with reasonable diligence. For example, if a person experienced stomach pain after a surgical procedure but did not notify anyone or see a doctor for several weeks, the statute would likely begin on the date his or her symptoms appeared and not the date of the diagnosis or the date of the surgery.

It’s important to remember that many states place a statute of repose on medical malpractice claims. These statutes function as hard time limits for taking legal action. For example, a state may have a 10-year statute of repose for medical malpractice claims. This means that a plaintiff must discover the harm from medical negligence and take legal action within 10 years of the date of injury, not the date of discovery. In California, the only exception to the three-year statute is for cases involving foreign objects left in a patient’s body during surgery. These cases must still meet the one-year statute under the discovery rule, but claimants may take legal action many years after the normal three-year statute has passed.

A medical malpractice lawsuit is a very complex legal matter that requires meeting various legal deadlines and filing requirements, so time is a critical factor for anyone who wishes to pursue a medical malpractice claim. A Bakersfield personal injury attorney experienced in medical malpractice cases can help you determine whether your claim meets the applicable statute of limitations for your situation.

Posted by highrank at 9:32 pm

Can I Sue a Doctor for Prescribing Wrong Medication?

Thursday, September 27, 2018

Medications can be powerful tools to help treat medical conditions, but improper usage can also lead to further complications – especially with prescription drugs. When improper medicines, dosages, or even combinations of medications come into play, a patient may suffer a further decline in health, or even a wrongful death. If the fault rests with the prescribing doctor, is it possible to sue? Read on to learn more or consider speaking with a Bakersfield medical malpractice attorney.

Prescription Errors as Medical Malpractice

Prescription errors can be a form of medical malpractice, in which a healthcare professional’s negligence leads to harm or damages to a patient. As a type of personal injury case, a medical malpractice claim consists of three major factors:

  • The doctor had a duty of care to the patient
  • The doctor breached that duty of care
  • The breach caused the plaintiff harm

In terms of prescription errors, the doctor has a duty of care to provide you with reasonable treatment. Prescribing the wrong medication (which can have severe consequences) is the breach of that duty, and any resulting harm that resulted from that prescription error may be eligible for compensation.

The complication that can arise from these cases is proving the duty of care and the breach. Often, the plaintiff will accomplish this by bringing in an expert witness that can testify and establish a reasonable standard of care, which serves as a comparison point for the doctor’s actions. In many cases, a doctor may be at fault if he or she:

  • Prescribes an incorrect medicine
  • Prescribes an incorrect dosage
  • Prescribes a medication that has known negative side effects with a patient’s other medications
  • Prescribes a medication that triggers a patient’s known allergies
  • Prescribes a medication that does not help the medical condition and causes the patient’s condition to worsen
  • Does not make clear the instructions for correct usage
  • Writes a prescription that a pharmacist may misread

Another important point of this type of case is that the error must have caused some form of harm. For example, if you picked up your prescription from the pharmacist and recognized the dosage was incorrect before taking any, you would not have a claim. The same would hold true even if you took the incorrect dosage and experienced no side effects.

Other Potentially Responsible Parties for Prescription Errors

While the doctor is often the first person you may consider suing for your prescription errors, he or she is not always the responsible party. Pharmacists, nurses, and manufacturers are all potentially liable for a prescription error. In some hospitals, the medical institution may be liable for any errors made by its staff. Additionally, a patient can be partially at fault if he or she is not open about his or her medical history when consulting with healthcare professionals.

With so many potentially liable parties for a prescription error, it’s essential to have skilled legal help on your side – both to correctly determine the at fault party and to meet strict filing requirements. Inaccurately filing your claim can be the difference in between a successful case and a lack of compensation. With the investigation resources and expert contacts of a law firm, you increase your chances of receiving compensation for the prescription error.

California law sets the statute of limitations for most medical malpractice cases to one year after discovery of injuries or within three years of the date of the injury. This strict timeline applies to prescription errors and means that you may waive your right to compensation if you do not file promptly. It’s in your best interest to hire an attorney the moment you discover the damages caused by the error.

If you’re uncertain if you have a medical malpractice case due to a prescription error, talking with a Bakersfield lawyer can help you understand your rights and learn if you’re eligible to receive compensation.

Posted by highrank at 9:52 pm

What Is an Implied Warranty?

Thursday, September 27, 2018

When purchasing products, many people are wary of warranties that could ultimately impact how long a product can receive repairs or even the timeframe we can return the product in. However, warranties can apply in many more situations than getting a costly appliance fixed. Some warranties apply to the quality of the product or the validity of making product liability claims.

Implied and Express Warranties

Many of us are familiar with written and spoken warranties, which include statements of what is and is not part of a warranty. When it comes to products, warranties serve as a guarantee that a product will meet stated quality and reliability standards – often with a money back statement applied. When a product does not meet the expectations of the warranty, a consumer can easily pick out the discrepancies and take the matter up with the manufacturer.

In contrast, an implied warranty does not involve any form of written or verbal agreement – the guarantee of proper operation is an implication. However, this does not make such warranties any less valid or enforceable. If you purchased a toaster that does not produce enough heat to operate as a toaster, then it would be a breach of the implied warranty of the product.

Consumers have several legally enforceable warranty rights that work on the concept of providing fair value for money spent. These warranties fall into two major categories.

Implied Warranty of Merchantability

One of the types of implied warranties is that of merchantability – that the product will work if used for its intended purchase. If you purchase a product that does not work as it should for the intended purchase, like the toaster in our earlier example, you have a right to an exchange or refund. However, if the product doesn’t work because you are using it for an unintended purchase, the warranty of merchantability does not apply.

To be a merchantable item, a product must:

  • Conform to stands of trade as applies to the contract for sale
  • Be suitable for intended purposes, even if a consumer purchased it for another use
  • Be uniform involving quantity and quality
  • Packed and labeled appropriately
  • Meet specifications on package labels

The implied warranty of merchantability is also applicable to used items, given the condition of the product at the time of sale.

Some states allow merchants to mark items as “with all faults” or “sold as is” to avoid implied warranty, often under the argument that the consumer had the opportunity to observe the item before purchase. California is one of these states.

Implied Warranty of Fitness

While all products have an implied warranty of merchantability, others also have a warranty of fitness. Products with an implied warranty of fitness are not only suitable for the merchantable standards, but for an additional, specific purchase. Coming back to the toaster example, if you asked a salesperson for a toaster that could toast four slices of bread at once but it only has the capacity to handle two, then you could return the product for breaching the warranty of fitness.

In most cases, the warranty of fitness comes from a salesperson’s recommendation of an item for a specific purchase. These warranties can apply even if a product meets the standards of merchantability.

Implied warranties work to protect a customer’s rights to functional products that work as intended. They not only serve as grounds for returns and exchanges but can also help to support a product liability case. If you have suffered damages due to an improperly functioning product that violates the implied warranty of merchantability, then you may have grounds to seek compensation. Discussing your potential claim with a Bakersfield product liability attorney is the first step to understanding your warranty rights.

Posted by highrank at 6:50 pm

How Effective Are Disclaimers?

Thursday, September 27, 2018

When it comes to injuries and damages caused by products, it can be legally possible to pursue compensation through a product liability case. These claims allow for consumers to protect their rights to safety when using products. However, as a lawsuit can take up the time and money of a company and cast poorly on its reputation, many manufacturers hope to avoid such procedures altogether.

Product disclaimers are one such strategy to avoid fielding lawsuits and claims for damages from a company. And while a disclaimer may seem discouraging when you read it, the legal effectiveness of these written warnings isn’t as airtight as you may think.

Implied Product Warranties

All manufacturers must uphold two types of warranties that boil down to one conclusion: the manufactured product is safe enough for consumer use, so long as you follow the intended purchase. Even if you don’t see such a warranty written out when you purchase a product, the law implies this safety for all manufactured and sold products.

Because you have these warranty rights, a general written disclaimer has no legal standing. You as a consumer have had no opportunity to bargain or revoke your warranty rights, so a written general product disclaimer would be invalid. Your default warranty rights still hold, and you’d be able to file a product liability lawsuit if you suffered unfair injury during reasonable use of the product.

Reasonable Use and Assumption of Risk

One of the included provisions of implied product warranties that they are only valid so long as a consumer uses a product within the reasonable limitations. For example, if you followed all safety precautions when lighting fireworks and still sustained an injury due to a malfunctioning product, then you would have a chance to file product liability.

On the other hand, if you were handling fireworks in an unsafe manner, such as aiming them at other people or objects, then you would not be using the product in a reasonable way, thus revoking your right to potential compensation for your damages. This is because assumption of risk has come into play.

Assumption of risk is a common defense for manufacturers during product liability cases, where the company purports that the plaintiff was using the product in an unsafe manner and assumed the potential risks of that use. Ways to reinforce this claim involve a product including a specific disclaimer rather than a general one.

General disclaimers often try to claim that the manufacturer has no form of liability through use of its products, no matter the situation. Specific disclaimers focus on stating the company isn’t liable if the consumer misuses the product in any way. If a manufacturer had included such a specific disclaimer with its product, then a court is much more likely to uphold it in court, so long as there is proof of product misuse.

Are There Situations Where General Disclaimers Can Apply?

While a court is much more likely to dismiss general disclaimers, it’s still possible for them to be valid in court. One common scenario is that if a written and signed contract indicates that the consumer has waived his or her warranty rights after given the chance to negotiate. A typical consumer may not see contracts for most purchases, but they can come into play for handmade or customizable products.

Even though general disclaimers aren’t effective in most situations, they can prevent lawsuits by discouraging customers from pursuing legal action – and it can be hard for an average consumer to tell the difference between a legally valid and invalid disclaimer. Seeking the counsel of an experienced Bakersfield product liability lawyer can help you determine if a disclaimer is legally binding. If not, you’ll be able to work with a lawyer to determine if you have a product liability case and start the claims process.

Posted by highrank at 6:39 pm

Can You Sue Someone for Punching You?

Monday, July 23, 2018

There are plenty of circumstances that can lead to fights. If you’re involved in one, there’s a chance you may be on the receiving end of a punch, which could lead to potential health complications depending on the severity of the attack. And when that happens, you may just want to file a lawsuit to get compensation for your injuries so speak with a skilled Bakersfield personal injury lawyer to learn more.

Civil and Criminal Charges

Two potential charges can fall on aggressors following a fight: civil and criminal. Criminal charges can involve fines and imprisonment if the court determines that party is guilty of assault or battery. Assault involves an intentional attempt to harm another person, regardless of whether the harm occurred or not. Battery refers to any intentional hits the victim suffered.

Further categories of assault, abuse, and harassment can involve:

  • Domestic violence, for incidents between couples, former couples, and close familial relations
  • Elderly or dependent assault, for when the victim is over the age of 65 or is between the ages of 18 and 64 and is incapable of caring for him or herself due to disability
  • Civil harassment, for parties who do not have a romantic or familial relationship
  • Workplace violence, for cases of assault, battery, or threat of violence in the workplace

Even if the court does not deem the aggressor guilty of criminal charges, it does not mean you as the victim cannot press for civil charges. The court will handle the criminal case and your personal injury lawsuit separately.

In some cases, you may be able to sue third parties related to the incident. Premises liability and negligence in selecting employees may enable you to sue the location of your injury if an employee’s actions led to the fight.

When Can You Not Sue?

Despite it being possible to sue another party who has punched you, not all cases involve the other individual as the aggressor. If you instigated a fight and the other person retaliated in self-defense, you would have a hard time proving that the other party was responsible for your injuries. In fact, such a situation would likely take away your eligibility for a claim.

Self-defense only applies when the defense is a reasonable response to perceived or threatened harm. The aggressor must, through words or actions, make the victim believe he or she is in appropriate harm for self-defense to apply. The defense must also not exceed the perceived threat level – repeatedly hitting someone for one threatening comment would not be appropriate.

Should You Sue?

Even when you are not the aggressor in a fight and you have evidence to prove it, a lawsuit may not be worth it. Awarded damages in such cases are proportionate to the amount of physical harm and financial loss as a result as an injury. A lack of evidence of who caused your injuries in a group fight can also lead to complications in proving liability. Not having any damages related to your incident such as medical bills or lost income due to work will likely end with the dismissal of your suit.

Assault lawsuits with minimal awarded damages may also not be worth the resulting court and attorney fees. And even in cases with high damage awards, there’s a chance that the guilty party may not have the money to pay your compensation.

If another person has punched you, there’s every chance that you may be able to file a lawsuit. However, many factors contribute to the success of such a lawsuit and the resulting level of compensation. If you’re considering pursuing a lawsuit for injuries sustained in a fight, contact the attorneys of Rodriguez & Associates for a free consultation. Our lawyers can advise you on the potential success of your case and help you with the necessary steps if you decide to move forward with your claim.

Posted by highrank at 8:17 pm

Can You Sue a Restaurant for Food Poisoning?

Monday, July 23, 2018

Food poisoning is extremely uncomfortable for anyone who has experienced it. If you get food poisoning after going out to eat, you may determine that the restaurant was responsible for your illness. When this is the case, you may be wondering if it’s possible to sue the restaurant for food poisoning.

Is a Lawsuit Possible?

When injury and illness result from another party’s actions, California law allows for victims to pursue rightful compensation from those responsible for their suffering. This means that if the restaurant’s food truly was responsible for your illness, then you may have grounds to file a claim.

Potential claims for food poisoning can include:

  • Product liability. In product liability claims, the restaurant is responsible for providing you with a proper product, which would be food free of bacteria or other illness-causing viruses.
  • Personal injury. These cases work on a basis of negligence – the restaurant’s negligent actions, such as serving spoiled food or not preparing items correctly, led to your illness.

When these circumstances occur, you may be eligible for compensation. However, pursuing a lawsuit over food poisoning may not always be the most worthwhile move.

Chances of Success

Personal injury cases and similar lawsuits require that the plaintiff must prove that the defendant was responsible for their injuries, and the same rules apply to cases of food poisoning. While it may be easy for you to think your meal at the restaurant may have led to your illness, proving this in a court of law can be difficult.

The most critical piece of evidence – your meal – may already be gone. Even if you have leftovers, proving that you didn’t tamper with the food after taking it home can also be difficult. A restaurant may claim that you did not properly refrigerate your leftovers, which then led to your illness. There is also the chance your illness arose due to other circumstances besides your meal.

Proving that your meal caused your food poisoning can involve testing samples of your food and stool for matching bacteria. It is also easier to prove that a food resulted in sickness if several people who ate it fell similarly ill, such as a class action lawsuit due to mass food contamination. If you can confirm these factors, you will have a chance of a successful lawsuit, but it is not always a guarantee.

The Value of a Food Poisoning Case

Even when you have solid proof that the restaurant’s food caused your illness, going to court may not be a worthwhile endeavor. Even though you have suffered through food poisoning, the lack of intense medical bills may not amount to much in terms of damages. The time and cost of court may not be worth the potential payout.

However, situations that have incurred massive damages can result in larger compensation. For example, if your illness caused you to miss work for an extended time resulting in lost wages, you may have a stronger case. Food poisoning that involves more deadly bacteria, such as E. coli or salmonella often requires hospitalization, which results in higher financial damages than cases where you simply needed to stay at home and rest to recover. Class action lawsuits that involve damages to many people also have a higher potential payout.

Determining the exact value of your food poisoning case can be tricky. If you are uncertain if your case is worthy of a claim, schedule a free consultation with an attorney in your area. An experienced Bakersfield personal injury attorney can help you determine if you have solid proof of liability and determine your potential compensation. If you wish to file a claim, you will need an attorney to represent you fully in court.

Posted by highrank at 6:31 pm

How to File a Car Insurance Claim with Mercury Insurance

Monday, June 25, 2018

The moments following a car accident can be chaotic, but the actions you take are essential in protecting your car insurance claim. First, call emergency medical services to care for any passengers or other drivers who sustained injuries. Next, start collecting information for your claim with Mercury Insurance.

Gather Information at the Scene

After you call emergency medical services (if needed), you can begin the process of filing your insurance claim. Mercury Insurance offers the option of filing a claim by phone, and the company requests that you collect as much of the following information as possible:

  • The date, location, and time of the accident
  • The number of the police report, name of department responding (i.e. the sheriff’s office or city police department)
  • Description of the damage to all vehicles, with photos, if possible
  • A description of how the accident occurred
  • The makes, models, and years of all vehicles involved in the accident
  • Insurance policy numbers of all motorists involved in the accident
  • Names, license plate numbers, and driver’s license numbers of all drivers in the accident
  • Owner of the vehicles involved, if different from the driver
  • Identifiable information such as name, date of birth, and address

The more information you have, the easier it will be to follow the claims process. If the accident already occurred and you neglected to collect this information, don’t stress. You can fill in the details as you file a claim with the insurance company.

While at the accident scene, never admit fault – even if you think it was yours. Be polite to other drivers and passengers at the scene, but never apologize or insinuate that you were responsible for the injuries.

Know the Extent of Your Coverage

California law sets certain minimum requirements for all policyholders within the state. However, your coverage may exceed the minimum. For example, you may have rental reimbursement coverage, which will provide a rental car for transportation while your vehicle is in the shop. Read the terms of your policy to learn more about coverage limits before renting a car.

Most insurance policies also require a deductible before your insurance company will kick in to pay for repairs. The amount of your deductible may range from $100 to $500 or more, depending on the terms of your policy. You must meet your deductible before your insurance company will compensate for any damages. If, for example, you incurred $1,500 in damages in collision following an accident and your deductible is $500, insurance will likely offer to pay $1,000.

Observe All Requests for Documentation and Follow Deadlines

Mercury Insurance, like many other insurance companies, often requires additional documentation to investigate and complete the claims process. Observing all these instructions is essential to completing your claim. If you neglect to provide requested documentation within a set deadline, it could lead to a denial of coverage – even if you only miss it by a day or two.

In certain situations, however, it may be beneficial to wait instead of providing documentation right away. A common example is a request for release of medical records. A claims adjuster might ask you to sign a release to view your medical records to evaluate a claim, but it’s best to wait until your health care provider records the full extent of your injuries before consenting.

In car accidents involving extensive property damage or injury, consider hiring a Bakersfield car accident lawyer to help you with the claims process. He or she will serve as your advocate and negotiate with the insurance company on your behalf to attain fair compensation for the full value of your car accident claim.

Posted by highrank at 8:24 pm

How to File a Car Insurance Claim with State Farm

Wednesday, June 20, 2018

Were you recently in a car accident in Bakersfield? If so, you likely took steps to protect your passengers and other injured people at the scene. You might even have required some medical treatment yourself. Now that everyone is out of danger, it’s time to contact your insurance company and learn more about filing a claim. Here’s what to do if you have State Farm as your insurance carrier.

Know When to File a Claim

When is the best time to file a claim? The best answer is as soon as you’re able. Your insurance company should be one of the first calls you make, aside from calling emergency medical services in the event of an injury-causing accident. Your insurance agent will guide you through the claims process that’s to follow, but in the meantime, have the following information handy when you call your agent the first time:

  • Your policy number
  • Your identifiable information (i.e. name and date of birth)
  • Your license plate number and driver’s license number

If you have it available, it also helps to have the following information to aid the claims process:

  • Descriptions of the vehicles involved in the accident (year, make, and model)
  • Insurance companies and policy numbers of other drivers involved
  • Names and numbers of any eyewitnesses to the accident
  • The responding officer’s name and badge number

Be Familiar with Your Coverage

Remember that insurance policies can vary greatly, depending on how much you pay for your premiums each month. California law requires certain insurance minimums, but you may have more optional coverages on your policy. A few factors, including optional coverages, may affect your claims process:

  • Do you have rental reimbursement coverage? If your vehicle sustained significant damage, it might take time to make repairs. For this reason, many people elect rental reimbursement coverage, which provides transportation while the car is in the shop. Before you rent a vehicle, check the terms of your policy for coverage limits and other pertinent information.
  • What is your deductible? Depending on the terms of your policy, you have a deductible to meet before the insurance company will pay for damages. If your deductible is $500 and you incur $2,000 in damages, for example, your insurance company will offer to cover $1,500.

Know How to File Your Claim

State Farm provides several options for filing a car accident claim: phone, online, and the State Farm app. With the app, you can begin to file the claim directly at the accident scene and type in essential information, such as the other driver’s policy number, while it’s still fresh in your mind. You can always fill in more details as you go along. The State Farm app also allows you to track the progress of your claim, upload documentation, and learn answers to common questions regarding insurance claims.

When filing your claim and additional documentation, keep deadlines in mind. The insurance company will likely advise you of certain time limits for submitting supporting evidence, such as medical records and repair bills. It’s important to follow these deadlines carefully, as failing to submit documentation in time could lead to a denial of coverage.

Know the Basic Dos and Don’ts

Finally, be familiar with the basic dos and don’ts of talking to insurance companies:

  • Do not sign a medical release too early. It’s essential to allow your claims adjuster access to your records by the deadline, but you should wait until a provider makes note of the full extent of your injuries before signing any releases.
  • Don’t sign any documentation from an insurance company or agree to recorded statements unless you have the approval of a Bakersfield car accident lawyer.

Knowing how to navigate your State Farm claim can bring a speedier resolution to your claim. Following these tips will help you handle your car accident claim with State Farm like a pro.

Posted by highrank at 7:28 pm

How to File a Car Insurance Claim with Allstate

Monday, June 4, 2018

The hours, even days following a car accident can be full of confusing procedures. However, it’s important to follow the terms of your insurance carefully to protect the health of your car accident claim. If you have Allstate insurance, you should follow these steps:

Call the Insurance Company Right Away

After a car accident, you’ll take a few key steps such as making sure everyone is okay, calling emergency services, and receiving medical care. After you finish taking care of everyone’s medical needs, it’s time to call your insurance company.

When you call Allstate to file a claim, your agent will ask you to supply key information and documents related to your accident. You need to have the following information handy:

  • Your policy number
  • Driver’s license number
  • License plate and title information
  • Brief description of what happened

Know What Your Insurance Covers

Insurance law can be complicated, but it’s essential to have a working knowledge of how your coverage works. The following elements may affect your car insurance claim and the way you obtain reimbursement for your accident.

  • The amount of your deductible. When you signed up for your auto insurance policy, you followed certain rules regarding your deductibles for coverage, such as comprehensive and collision. Know how much your deductible is, as this is the amount you will have to pay out of your own pocket before your insurance will begin to kick in. For example, if you incurred $1,500 in property damage and have a $500 deductible for collision, your insurance will ultimately pay $1,000 toward your repairs.
  • Do you have optional coverages? Depending on the terms of your insurance policy, you may also have convenient coverage such as rental reimbursement services. This service provides a rental car while your vehicle is in the shop, so you can get from place to place, but read the terms carefully. In some cases, you may need to rent from a certain facility or stick within your coverage limits (for example, $40 a day).

Ask About Time Limits

When calling your insurance company, know what time limits apply. If you fail to provide documentation within the specified timeframe, your insurance company could deny coverage on a claim. Read the terms of your policy carefully and take notes during your conversation with an agent, so you know exactly what to expect following an accident.

Track Your Claim

Allstate gives you the option of filing a claim by phone or online. Once you complete the process, you will receive a claim number. You can use it to track the progress of your claim, as well as to identify any missing documentation that the insurance company might require.

Know How to Talk to Claims Adjusters

Once you file a claim, an adjuster will likely investigate the accident and evaluate the damages. These interactions could affect the amount of your settlement. Though it’s important to provide documentation to the insurance company to aid the claims process, offering too much information – or too little – could affect your payout. For example, a claims adjuster might request a medical release to ascertain the extent of your injuries following an accident. Wait until the full extent of your injuries manifests before signing any medical releases. This will better illustrate the damages you incurred.

When filing a claim following a serious or injury-causing accident, having the guidance of a Bakersfield car accident attorney can be helpful. He or she can help you file a claim, guide you through interactions with claims adjusters, and help ensure that Allstate insurance compensates you for the full extent of your injuries and property damage.

Posted by highrank at 7:18 pm