San Francisco Bay Area Auto Accident Injury Law : San Francisco Auto Accident Injury Lawyer & Attorney : Todd P. Emanuel Law Firm : Bay Area, Oakland, California CA

We decided to start a blog as a resource to help our clients and others who have been seriously injured as a result of a motor vehicle accident. I have represented hundreds of people in cases involving death and severe injuries as a result of car accidents and truck accidents. We intend to use this blog as a public forum to answer questions we have heard time and time again from clients, to demystify the litigation process, and to correct a vast body of misinformation peddled by insurance companies. Our first series of postings will be about what to do after an accident, when to avoid lawyers in certain situations by filing an insurance claim yourself or going to Small Claims Court, how to determine if you are adequately insured, and how to maximize the value of your case in the face of a stingy insurance industry. If you have specific questions or ideas about the content of this blog, please feel free to submit them.

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"A picture is worth a thousand words."  Eventually, your claim will be heard, and seen, by an audience who will make important decisions about the value of your case.  The defendant and his/her insurance company will do everything possible to minimize your claim.  If you have clear photos of all of the damage to your vehicle, the gravity of the accident will usually be obvious to any judge, juror, arbitrator, or insurance adjuster.  Photos also help to corroborate repair records.  If you or a family member is able to get photos of the scene, be sure to include photos of other vehicles, traffic conditions, signs, lights, lanes, and landmarks-- so long as it is completely safe to do so.

Having photographs taken of your physical condition is just as important.  To some this seems unnecessary or over the top.  It's actually extremely important.  Medical records usually do not fully describe an injury in such a way that a layperson can relate and respond in a human way.  Photograph lacerations, swelling, bruises, casts, crutches, etc. . . .  even if the photos seem somewhat intrusive and depict private areas.  If you have a serious injury, strong photographs are often much more compelling than medical evidence like x-rays, or a doctor's description of an injury.

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If the police are present, they will know to obtain your insurance information and the insurance information of the party at fault.  This includes the name of the insurance company and the policy number.  This information will later be used to file a claim. 

My clients normally have severe injuries, and I want to find out as soon as possible whether the other party has insurance policy limits that are sufficient to cover the full value of our case.  When I open a claim with the other driver's insurance company, I usually request them to divulge the policy limits.  They are dutibound to get their insured's permission before doing so.  If they refuse to divulge the policy limits, we sometimes find the information through investigation.  In many instances, we'll file a lawsuit and require the defense to produce a complete copy of their insurance policy, and to declare under penalty of perjury that they've given us all applicable insurance information including liability and any umbrella or excess coverage. 

If the defendant has no insurance coverage or if the coverage is insufficient to pay the value ofyour case, we thoroughly investigate his/her financial condition, and/or turn to your Uninsured/Underinsured Motorist Coverage.  This is exceptionally important and often overlooked.  We will discuss this concept in detail later.

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Often times the party at fault will try to convince you that it will be better for both parties to handle this without any intervention from law enforcement or insurance companies.  While sometimes the police do not arrive immediatley, having the police immediately investigate the incident is almost always a huge advantage and security blanket for the victim of an accident.  The police will memorialize statements of the parties and percipient witnesses.  The report should contain all of the information you'll need to bring a claim or lawsuit including but not limited to the identity and contact information of the driver at fault, insurance information, witness statements, diagrams, and even opinions regarding what, if any, vehicle code sections were violated.  Good officers will take photographs, measure skid marks, and complete a thorough investigation that makes your life (and your lawyer's life) much easier down the line.  If you choose to refrain from making a police report, the party at fault may give you false contact information, disappear, deny the incident occurred, or shift the blame to you.

In sum, make sure the police immediately investigate the accident at the scene.  If they refuse, go to the local police station and make a report yourself.  They will assign it a case number and let you complete a "counter report" in the police station.

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1. Evaluate your physical condition.
2. Make sure that police come to the scene.
3. Exchange important information with the other driver.
4. Seek all reasonable and necessary medical treatment.
5. Have photographs taken of your damaged vehicle and your injuries.
6. Do not speak with the other driver's insurance company.
7. Call a reputable attorney in your area who specializes in representing personal injury plaintiffs.
8. Keep a journal of pain and medical appointments.
9. Assemble essential documents to assist in the preparation of your case.
10. Keep track of wage loss and all other monetary losses.

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We're not talking about anything that requires medical training here.  If it is clear that you have suffered a very severe injury, you'll know it.  Try to remain calm and wait for emergency personnel to assist.  Your health and safety come first. 

If you do not have significant pre-existing conditions and the impact is relatively minor, it should be okay to go directly home after cooperating with the police investigation of the accident.   Follow up with medical treatment if/when you feel symptoms. 

It is not uncommon for shock and adrenaline to mask our pain immediately after an accident.  Our instincts tell us that we'd much prefer to be in the comforts of home than subject ourselves to the further trauma of an ambulance ride or a visit to the emergency room.  Under these circumstances, take your time and exercise prudent judgment.  Police officers and/or paramedics will normally ask you if you desire medical treatment.  They also may give you advice based on their experience and observations of the circusmtances surrounding the incident.  If emergency personnel recommends that you get immediate medical care, trust their experience and judgment.       

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