Santa Ana, CA asked in Personal Injury and Car Accidents for California

Q: Should i contact at fault insurance company about my injuries or wait for them to contact me about pain & suffering?

I was involved in an auto accident while driving a company vehicle. The other vehicle did an improper lane change and side swiped me. I spoke with the insurance carrier that my company has and my employer had me file a workers comp case for my injuries(Back , neck, and shoulder pain) . I obtained a copy of the police report and the report also found the other party at fault. My employer said it looks like AAA (other carrier) will be accepting liability without fighting it. Should I wait for them to contact me about this issue or should I contact them and let them know I sustained injuries and am currently being treated ? It has only been about 5 days

4 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: What you really should do is retain a personal injury attorney. It is not a good idea to represent yourself, and you are likely to get more money in the end if you have an attorney. Your workers comp carrier will be asserting a lien against any 3rd party recovery, which makes it even more of a good idea to get an experience PI attorney.

William John Light agrees with this answer

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should NOT talk them. You should get an attorney right away. They would prefer to pay you nothing and will play silly games and tricks to pay you as little as possible. Since your injuries are more than just minor you should contact a personal injury lawyer right away and let them handle it. You will have a much much better chance of being fairly compensated for your injuries. Just because they "accept" liability doesn't mean they will be fair to you. 2 more things: Don't give them a recorded statement; and Don't sign a medical authorization - it only let's them snoop through your medical history to see if there is anything else they can blame it on... Good Luck!

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: The insurer for the other party isn't going to contact you about your pain and suffering except to try admit get you to admit that you don't have any, or that it is minor. If you are hurt badly enough to need medical treatment, you should talk to a PI attorney. It is almost always a bad idea for you to speak too the insurer directly. Take pictures of the damage to your vehicle and any visible injuries.

Vivian Francisca Yochelson
Vivian Francisca Yochelson
Answered
  • Personal Injury Lawyer
  • Woodland Hills, CA
  • Licensed in California

A: Due to the fact that you were working at the time of the incident and have opened a worker’s compensation claim, you now have a workers comp-personal injury cross over claim. You may want to seek the advice of both a workers compensation attorney and a personal injury attorney to have a full understanding of how one case affects the other.

Although there is no requirement that you speak with the AAA adjuster, you do want to put them on notice that you have injuries and are seeking treatment. You should keep your discussions with the claims adjuster very limited, let them know the body parts that have been injured and let the claims adjuster know that you will submit your medical records and bills when your treatment is complete.

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