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The Law Firm of Otus & Associates
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Motor Vehicle Accidents

13,000 people have been injured or killed since 1990 in crashes caused by aggressive driving. If you have been a victim of aggressive driving, click here to tell us about your case. Click here to tell us about your case.

Insurance Claims Dos & Don'ts

The Dos

Do call your agent as soon as a covered event takes place. As soon as you get home from the car accident, or even before you go to the doctor, call your agent.

Do review and understand your coverage before talking to your insurer or your agent. Read the "Coverage" and "Exclusion" sections of you policy in particular.

Do take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name.

Do consider whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, "umbrella" policies, and materials that came with your credit cards.

Do take pictures, if possible. That doesn't mean you should sneak a "PatientCam" into surgery with you, but take pictures of your destroyed vehicle, fire-damaged home, or injuries if you can.

Do be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage.

Do understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don't settle a personal property loss for "actual cash value." You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.

Do keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

The Don'ts

Don't give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

Don't automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be a bit low. DON'T sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.

Don't accept any check that says "final payment" unless you are ready to do so.

Don't ignore time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If your claim has not been settled to your satisfaction eleven months after your loss, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

Don't forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.


Northern California Bay Area Law Offices: Clients are typically from, but not limited to, the city or county of San Mateo Contra Costa Alameda San Francisco Marin Bay Area Northern California Peninsula SF SFO Atherton Belmont Brisbane Burlingame Corte Madera Daly City San Francisco Half Moon Bay La Honda El Granada Lagunitas Menlo Park Mill Valley Millbrae Montara Moss Beach Novato Pacifica Pescadero Portola Valley Redwood City San Bruno San Carlos San Francisco San Geronimo San Gregorio San Mateo San Quentin San Rafael Sausalito South San Francisco Stinson Beach Alameda Alamo Albany Antioch Berkeley Castro Valley Concord Danville Dublin Diablo El Cerrito El Sobrante Emeryville Fremont Hayward Hercules Lafayette Livermore Martinez Redwood Shores Moraga Newark Oakland Orinda Piedmont Pinole Pittsburg Pleasant Hill Pleasanton Richmond San Leandro San Pablo San Ramon Sunol Union City Walnut Creek Campbell Cupertino Gilroy Los Altos Los Gatos Milpitas Morgan Hill Mountain View Palo Alto San Jose Santa Clara Saratoga Stanford Sunnyvale Tracy and or Davis.

Firm Focus: The Law Office of Otus and Associates is focused on, but is not limited to personal injury wrongful death workers compensation medical malpractice accident negligence workers compensation nursing home insurance motor vehicle accident animal bites products liability workers compensation drugs medical devices neck back knee injuries carpal tunnel repetitive trauma injuries hearing problems work-related emotional problems work-induced heart attack stroke occupational diseases such as asbestosis dermatitis disfigurement scarring of face neck hands asthma other work related pulmonary conditions loss of use of limbs eye injuries drug litigation including fen-phen phen-phen baycol rezulin propulsid ritalin medication errors falls abuse infections malnutrition dehydration birth-related injuries brain injuries surgical errors misdiagnosis late diagnosis failure to diagnose cancer obstetrical gynecological malpractice patient neglect medication errors emergency room errors nursing home negligence abuse neglect rear end collisions intersection accidents alcohol related crashes hit run passenger injuries driver injuries motorcycle accidents semi-truck tractor trailer crashes pedestrian accidents bicycle accidents automobile accidents motorcycle accidents bicycle accidents semi-tractor trucking accidents pedestrian accidents construction site accidents workplace accidents dog animal bites dangerous defective products product liability pharmaceutical drug injuries fires explosions nursing home injuries slip trip falls neck spinal cord back injuries fractures dislocations brain damage burns scarring amputations paralysis soft tissue injuries pain suffering and or severe permanent crippling injuries worker workers worker's med mal claim claims lawsuit insurance.

Referenced web sites are www.otuslaw.com and firm e-mail address is otuslaw@aol.com.

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