Step 11: Rental Vehicles:

When renting a replacement vehicle ask for an insurance rate and be prepared to provide your insurance claim information. Insurance rental rates are much lower than regular daily rates, sometimes as much as 50% less. Ask the rental company to direct bill the insurance company. If the rental company does so, you will not have to pay for the rental vehicle when it is returned. If direct pay is not available, you will be responsible to pay the rental costs and wait for reimbursement from the insurance carrier.

Rent a vehicle that is comparable to your damaged vehicle only if there is sufficient rental coverage available. Most policies limit rental coverage to $30.00-$50.00 per day for a maximum of 30 days.

Avoid purchasing unnecessary insurance for your rental vehicle. One of the rental company tricks is to sell you insurance that duplicates your existing coverage or offers very little coverage at an exorbitant rate. In most cases your personal auto insurance will transfer to a temporary rental vehicle, so that coverage should be adequate. If you are willing to drive your regular vehicle with a deductible seven days a week, three hundred sixty five days a year, it makes no sense to pay a rental company $8.00 to $15.00 dollars a day for Collision Damage Waiver coverage so that your rental vehicle will have no deductible. Considering the statistical likelihood of having an accident in a rental you will be driving for only a matter of days or weeks, this coverage is a very poor choice for most accident victims.
 

Step 12: Medical Treatment:

Anyone who has been involved in an accident should be examined by a doctor to determine the nature and extent of any injuries and the need for treatment.

Medical or chiropractic treatment is the fundamental basis for any injury claim. Without treatment your personal injury claim will have little or no value. If you hire a personal injury lawyer, you may be referred to a doctor or chiropractor who will provide treatment without expecting payment until your case is resolved.

Regardless of whether you are treated by your own personal physician, through your own health plan or a doctor referred by your attorney, it is important to remember these “common sense” guidelines:

• Do not delay in beginning treatment. If you are injured it makes sense to seek medical attention as soon as possible. Delays of weeks or months before starting a treatment program will only raise questions as to the need for treatment. If you belong to a HMO or health plan that cannot schedule your first and subsequent appointments for weeks, find another medical provider. A personal injury lawyer will have doctors available who have same day appointments or can see you on very short notice.
  
• Do not hesitate to inform your doctors of all of your injuries and complaints. Insurance companies only consider injuries which are documented in your medical records. If you fail to advise your doctors of any injuries, you will not receive compensation for the omitted injuries and your credibility regarding other injuries or complaints may become an issue.
  
• Keep your appointments. Follow your doctor’s treatment regimen. Gaps in your treatment of weeks or longer are inconsistent with the actions of someone who is truly injured and will hurt the value of your injury claim.
  
• In general your frequency of treatment will gradually decrease over time as your symptoms improve. If you do not improve, alternative treatment options should be considered instead of continuing a treatment program that is not improving your condition.
  
• In some cases you may need to be examined or treated by more than one physician during the course of your claim; be certain that you are not simultaneously receiving the same treatment from different doctors. Insurance companies will not pay for duplicate treatments.
  
• If you must travel or leave town for any extended time while still under a doctor’s care for your personal injuries, consult with your personal injury attorney to locate an out of town or out of state doctor who will treat you during your absence.
  
• Never engage in any public activity that is inconsistent with your injuries. Landscaping, outside home repairs, playing sports, lifting heavy objects or participating in other strenuous activities will seriously hurt the value of your case.
   

Step 13: Loss of Income:

If your injuries prevented you from working, you will be entitled to receive reimbursement for your loss of income when you case is resolved. You may be entitled to receive compensation for loss of income even if you received temporary disability, sick leave, vacation time or other compensation during your absence from work.

Insurance companies will require proof that any absence from work was due to a medical necessity and not for other reasons. To establish that your loss of income claim is justified, your medical records must document your inability to work as a result of injuries sustained in your accident. Unless you discuss this issue with your doctor in advance, your medical records may not reflect that your disability was caused by your accident, leaving you with an unsupported claim for loss of earnings.
 

Step 14: Resolving The Claim

If you made the wise decision to retain a personal injury lawyer, all of the considerations above will have been properly addressed by your attorney. Your lawyer will evaluate your claim and initiate settlement negotiations with the insurance carrier for the responsible party. Most claims are settled without the necessity of filing suit but should litigation be necessary your attorney will litigate your case through mediation, arbitration and trial.

If you elected to “go it alone” you will need to assemble and send the insurance carriers complete documentation for all of your medical, loss of earning or other miscellaneous expenses. Once the carrier is satisfied that they have enough information to evaluate your claim, they will review your documentation and make you an offer. There is no way to determine in advance if that offer will be fair or realistic. Unless you have years of experience in negotiating claims or have researched jury verdicts in your area, you will have no frame of reference to determine if you should accept or reject the offer. You can always ask for more but you will never know if you are receiving the adjuster’s full settlement authority or only a fraction of the funds allocated for your settlement.

Settlements are always subjective and vary from one adjuster to another and from one insurance company to the next. If you do accept a settlement, make sure that you are receiving reasonable compensation for your pain and suffering over and above the funds that are necessary to pay for all of your outstanding medical bills, loss of income, property damage, rental reimbursement and other accident related expenses, including but not limited to provable, projected future medical and/or surgical expenses. If your settlement offer does not meet that test and you do not want to accept the offer, your only option is to contact that personal injury lawyer you should have retained immediately after the accident!