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Insurers see you as a claim number, and lawyers see you as a dollar sign. Really, it comes down to one thing first: whose fault was it? If it was your fault, your insurance handles it. If you don't have insurance, you're out of luck — this page isn't for you, either. If it was not your fault, then you move to step two, where two things matter: your body and your property.

 

Your body

The human body was not meant to endure the forces of a vehicle collision. Your body will likely only heal with treatment of some kind. That means missed work, chores left undone, medical bills, gas and travel time. If you have PIP — Personal Injury Protection, on your own policy — most of these are immediately reimbursable: the medical bills, the missed work, the help you had to hire around the house. This is your insurance company, the one you pay. They owe you, their customer, a duty of good faith. But you need to handle it like a professional.

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Your property

Your car's repairs and its diminished value should be handled right away and with care. You have two routes. Your own insurance — the company you pay — will repair the car under your collision coverage and will replace damaged property too: the car seat (most manufacturers say replace it after a crash; it's rated for one), damaged electronics, sports equipment, anything the crash broke. They pay you first, then go after the at-fault driver's insurer and get your deductible back. That's usually the faster road. Or you go straight to the at-fault driver's insurer for all of it — the car, the property, any pet that was seen by a veterinarian, and the diminished value, which is almost always a claim against them. Either way: keep the receipts, and photograph everything before you throw it away.

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The money nobody claims

In my experience, most PI firms in Washington don't handle property damage or diminished value. Most firms don't collect reimbursement for veterinarian bills, car seats, electronics, equipment and other damaged property. On the medical side, many firms don't collect for household services (help around the house, like chores), missed work, or gas and mileage. This is usually because it is a sustained concentration project that most paralegals don't have time to do or were simply never trained to do. That money is yours. It is also exactly the kind of money that goes uncollected when nobody is sitting on the file.

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The adjuster's first call

The other driver's insurance most likely uses a machine — Colossus, or something like it — that aggregates all cases and puts a dollar value on them. It scores every injury to every body part. It calculates the severity of the crash. It takes all the factors of the case, bean-counts them against how likely they are to have to pay out, and comes up with a number — one far lower than you likely deserve — and that is the number the adjuster pins to your claim.

 

So on that first call, the people on both ends are trying to gather information. The person on your end wants the claim number; the name, number and email of the adjuster assigned; and a copy of the auto policy and the declarations page. On their end, they want as much information as possible for Colossus — and if they can get you to say one thing now and something contradictory later, all the better. So give them as little as possible and stick to the truth. They might ask how you are hurt and whether you are treating. An answer could be:

 

"I wrenched my left shoulder and I am getting headaches almost every day. I also hurt my right knee. I am in treatment with a chiropractor and massage therapy."

 

Full stop. Don't get into how hurt. Don't underplay or overplay. Just the facts.

 

When it's time to hire a lawyer

If you were seriously injured — surgery, a hospital stay, anything that changed how you live — this page isn't for you. Hire someone, and hire well. For everyone else: it's time to hire a lawyer if the adjuster refuses to work with you. I would first escalate and demand a different adjuster. But if it's a systemic problem and not an individual one, you may need an attorney. And if the case cannot settle and needs to go to court, you need an attorney.

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What it looks like when it goes wrong

An acquaintance of mine recently went through a car wreck that he thought he could handle himself. He didn't understand the math on totaling his car, and he didn't pursue diminished value though he had thousands of dollars' worth. Two form letters would have fixed that — a total-loss valuation letter and a diminished-value demand — and he wouldn't be in the hole he is in today.

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​Why I wrote this

I spent fifteen years on the other side of this desk. Why did I write a book that puts me out of a job? I was tired of watching lawyers bleed our clients dry. The system is ugly on both sides, and I don't see the need to subject ourselves to it willingly.

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The Car Crash Pocketbook: every letter in this page, in order, as fill-in forms — from the first call to the last check.

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This page is educational and does not constitute legal advice. Statutes, policies, and deadlines change; confirm the current rules before relying on any of it. If you were seriously hurt, talk to a lawyer.