Very few drives are as mundane as the commute to work. Unfortunately, for all too many people, that commute can turn into a life-altering event. Immediately, you check to make sure you are okay. Hopefully, you are, but all too often you’re not. Next, you question how bad the damage to your car really is, hoping the other driver is even insured, let alone has quality coverage. The problem is that the average driver in California carries the state-required minimum liability coverage–$15,000 for property damage and $30,000 for injury per occurrence with $60,000 if multiple individuals are involved. Even worse is that according to the Insurance Research Council, 2 out of every 5 drivers in California are uninsured.  This is also why it is critical to report the collision, get a police report filed, and seek legal counsel as soon as possible, especially if injury has occurred.

It should also be obvious at this point how important it is to have higher limits on Uninsured/Underinsured Motorist (“UM/UIM”) coverage on your personal auto insurance policy. The cost of increasing your limits on this coverage is insignificant compared to the protection that the higher limits will offer. I strongly encourage you to review your current policy to make sure there is an adequate amount of coverage. When determining what limits to set, think about the impact on you and your family if you suffer a significant injury that prevents you from working and requires extensive treatment. In the event you must rely on this coverage because of an accident, seeking legal counsel can be helpful in securing compensation for both treatment and loss of earnings. Insurance companies tend to be more concerned about paying the minimum than properly protecting their insured.  

Following an accident, it can take a while to realize an injury has occurred. Its common for your adrenaline to mask the injuries and you don’t realize the full extent until it wears off. While taking the time to go to your primary care doctor, urgent care, or the emergency room may be burdensome, seeking medical attention is critical to establishing potential value in your case.  A thorough exam may uncover medical issues you did not realize. Failing to do so makes it easy for an insurance company to write off, or minimize, the extent of your injuries. The later someone seeks treatment following an accident, the easier it is for the insurance companies to take advantage of that individual by creating the narrative that the need for treatment is not associated with the accident. Additionally, time is of the essence with respect to asserting a claim for property damage and/or bodily injury. Insurance companies are hoping you delay, as this can be the difference in how your claim is valued. 

Your commute to and from work is not covered by workers’ compensation. This is known in the industry as the “going and coming rule.” However, there are several exceptions to this rule to allow collection of both

workers compensation and personal injury recovery. This makes it very important to contact a law firm that understands how to handle both sides of the litigation. All too frequently, attorneys advertise specializing in one area of the other and will refer you to another law firm leading to independent litigation and inconsistent results. Nonetheless, it remains important to be aware of both circumstances because the civil and workers’ compensation cases will need to be coordinated.

Lastly, if the injury is significant enough, your career could be in jeopardy. This may require you to retire early. It is important that you do not settle your claim too quickly before this is determined because it can dramatically influence the value of the claim. If you retain an attorney, it is recommended that you ensure that the attorney is familiar with your retirement system and can coordinate a potential workers’ compensation claim. Retaining an attorney who does not understand the overlap and complexities of the multiple claims under the civil system, work comp system, and the retirement system, can have disastrous consequences.  A case in point is an officer who was represented by a firm that only specialized in handling the personal injury aspect of the claim. The attorney did a fine job of litigating the injury claim, but did not assist or explain how his injuries would impact his work status and retirement benefits. This officer had permanent restrictions from the accident that precluded him from returning to work. As a result, the employer sought to file a non-industrial disability retirement for him. The attorney did not explain that the retirement system can seek to offset his retirement benefits based on the recovery in the personal injury claim. Fortunately, he was able to get in contact with our office, and we were able to coordinate a resolution that did not offset nearly $1 million of retirement benefits. 

Ferrone Law Group stands in the unique position of representing public safety throughout the state. We have attorneys capable of addressing all issues in-house, making coordination a central tenet of our existence. Ferrone Law Group offers its services to both public safety members as well as their families. If you or a loved one has been in an accident, please feel free to contact us. Keep in mind this article is not intended to provide legal advice and is meant to be informative only. Individuals are encouraged to seek out legal advice tailored to their specific circumstances, particularly if they feel they fall within the circumstances discussed in this article.