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Costa Mesa Motorcycle Accident Attorney’s Top Ten Ways Insurance Companies Play Games With You After a Motorcycle Accident

August 17th, 2011 No comments

1. I’m afraid our analysis of your medical bills has determined the reasonable value of those bills to be only half of what your were charged. Our settlement has to be based on our analysis.

 

2. Well, I’m afraid those commercials for our insurance company are really more of a, well, you know, advertising, uh, no, I wouldn’t call them a gimmick.

 

3. I know you saw those commercials and based on them thought that we would be covering all of your expenses from the accident, but those commercials really don’t say that?

 

4. You see, Sir, insurance companies base their decisions on what we think is reasonable, not on what your doctors think.

 

5. No, Sir, you’re right. I am not a doctor, but I can tell you that we still feel that some of those medical tests were unnecessary.

 

6. Well, you were on a motorcycle and taking a risk so we have to take that into consideration, don’t we?

 

7. Yes, I realize that injuries are usually more severe in a motorcycle accident, but the amount of treatment you received is still more than the average person has in a vehicular accident.

 

8. I know you were trying to save us some money, but when you declined an ambulance at the scene, that tells us you weren’t that seriously injured.

 

9. Yes, I know it can take days to get an appointment with your health insurance doctor, but if you were really that seriously injured, we would have expected you to hobble into an emergency room.

 

10. Yes, I realize that when you stopped your treatment for two weeks, you were attempting to see how you would be, but even though you found you were still in pain, we really have to discount any treatment after the date you stopped.

Here are ten additional tips of advice from a motorcycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Costa Mesa, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good motorcycle accident attorney as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good motorcycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good motorcycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most motorcycle accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a motorcycle accident in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Costa Mesa Motorcycle Accident Lawyer and your Orange County Motorcycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

R. Sebastian Gibson

will I need to sue new york life to get death benefits?

March 14th, 2011 5 comments

My mom died during the contestable period and I’ve provided all the information to the insurance company. last week I was told that all medical records have been received and that it should take about 14 days to review and for them to let me know if they’re paying out or not. today my brother called and they told him they waiting for more records from another hospital. I’m thinking they’re giving us the runaround and maybe it’s time to hire an attorney. is there anyone who have some advice?

that is pretty standard when someone dies during contestible period. The insurance companies want to check medical records to make sure all health issues were disclosed at time of application.

If you think there may be a problem with not all records being disclosed at application time, get an attorney…otherwise you may want to wait a little longer to see what the insurance company says first before incurring legal expense

Insurers paying out on life insurance, proof of good health forms?

March 14th, 2011 3 comments

After a person with life insurance dies, I imagine that the ins. company has various things in place. Maybe a cursory check of the circumstances, maybe some information as to the cause of death – anything that might trigger a denial of payment for excluded scenarios.

And then probably if some red flags go up, the investigation gets deeper.

However I’m noticing that to pay a little bit of money for some extra term life insurance through my employer (actually through Minnesota Life ), I’m being asked questions that are virtually impossible to answer. Example, every doctor I’ve ever visited in the past 3 years, etc. etc. etc. Stuff that I just don’t keep records of and wouldn’t even come close to being able to answer accurately. So I’m just kind of breezing through it. Example, i put down that in 1/1/2007 I had the flu, even though it might be more like twice and certainly not on 1/1 of any year.

Anyway, the point being…….. (and I have nothing major to hide from them, this is just a question about just "how picky" ins. companies are, in trying to figure out excuses to deny payment.

If I die, are they going to refer to old forms that I filled out like this Proof of Good Health, and then demand – hey – we found a record of this guy going to the doctor once, but he claimed he hadn’t gone in that year, back on his POGH form, so denying payment.

Ya know something crazy like that.

Does anyone have any true insight as to just how bad it is, in terms of ins. companies denying pmt on life ins. policies, based on really minor stuff? I would think this kind of thing would apply to most applicants, since most people really aren’t going to remember or be able to include all this crap in perfect detail. Even tho technically, the form asks for it.

The proof of death, is the official death certificate. The official CAUSE of death, is noted, on that certificate.

Insurance companies don’t try very hard to deny a claim – unless there’s a likelihood of FRAUD on the part of the insured. Policies have a two year "contestable" period, where if you die in that two years, they can investigate the truthfulness and accuracy of what you stated on your life insurance application. If they find that you lied, then they do not pay out the death benefit. For instance, if you lied about being a smoker, or if you "forgot" to mention that you have cancer.

Also during this two year period, suicide is not covered.

If it turns out you died of cancer, and neglected to mention that you’ve had chemo twice a week for the last six months, on your application, there will be a problem.

If you forgot to mention that you had the flu four years ago, not a problem.