22 Questions
What is the first step in the claims process?
Intake
What is the second step in the claims process?
Investigation
What is the third step in the claims process?
Pre-Litigation
What is the first step in the intake process?
Telephonic or in-person intake
Why is it important to not delay the call or taking the trip to see the potential client?
All are correct
What is the effective screening process?
Gathering pertinent information
What is the final step in the intake process?
Sending welcome letter and onboarding packet
What is the purpose of gathering health insurance information?
To determine the extent of the injuries
Why is it important to gather car insurance information?
To determine if there is coverage for any upcoming expenses
What is the purpose of gathering photos of the property damage?
To determine the legitimacy of a claim
What is the purpose of gathering the Traffic Collision Report Card/Number?
To identify the at-fault party
What is the purpose of visiting the scene?
To gather evidence
What is the purpose of looking for video cameras and surveillance footage?
To gather evidence
When should experts be considered for larger cases?
When the case involves a major injury
According to CCP 366.2(a), if DEF dies before the expiration of the applicable Statute of Limitations (SOL), and the cause of action survives, an action can be commenced within _____________ after the date of death, and the limitations period that would have been applicable does not apply.
1 Year
Regarding the Investigation Phase, why is it important to find out if there is any Government Entity involved that could end up being liable for the accident?
Because the Statute Of Limitations (SOL) is only 6 months in CA for Government Claims
What has to be done once we find out that DEF is a Government Entity?
Promptly file a claim with the relevant government agency
Getting the TCR as soon as possible is not important to build up an Auto case in Pre-Litigation/Case Management phase.
False
Letters of Preservation of Evidence (LOP) and Letters of Representation (LOR) are only important for Premises cases, not for Auto accidents.
False
This is a site you can use to investigate your defendant
Lexis Nexis
How many days the defendant legaly has to clear liability before it can be considered bath faith?
40 days
How can the SOL be preserved without serving?
We file the case
Study Notes
Claims Process
- The first step in the claims process is not specified.
- The second step in the claims process is not specified.
- The third step in the claims process is not specified.
Intake Process
- The first step in the intake process is not specified.
- It is crucial to avoid delaying the initial call or visit to the potential client.
- Effective screening involves a thorough process to identify potential clients.
Gathering Information
- Gathering health insurance information is essential to understand the client's coverage.
- Gathering car insurance information is vital to determine the extent of coverage.
- Photos of property damage are necessary to document evidence.
- Obtaining the Traffic Collision Report Card/Number is crucial to build a strong case.
- Visiting the scene helps to gather evidence and understand the circumstances.
- Looking for video cameras and surveillance footage can provide valuable evidence.
- Experts should be considered for larger cases to provide specialized expertise.
Statute of Limitations
- According to CCP 366.2(a), if the defendant dies before the expiration of the applicable Statute of Limitations, an action can be commenced within one year after the date of death.
Investigation Phase
- It is essential to determine if any Government Entity is involved in the accident, as they may be liable.
- If the defendant is a Government Entity, specific procedures must be followed.
Pre-Litigation/Case Management Phase
- Obtaining the Traffic Collision Report (TCR) as soon as possible is crucial to build a strong Auto case.
- Letters of Preservation of Evidence (LOP) and Letters of Representation (LOR) are important for both Premises and Auto cases.
Investigating Defendants
- There are online resources available to investigate defendants.
Legal Proceedings
- The defendant has 30 days to clear liability before it can be considered bad faith.
- The Statute of Limitations can be preserved without serving by sending a notice of intent to sue.
Test your knowledge after watching this very interesting webinar about what to do during the first week of getting a case.
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