Speaker 2:
Mike and Taylor, good morning. How are you guys today?
Speaker 1:
Is it morning or afternoon already? Oh, it’s morning. Okay.
Speaker 2:
It’s morning.
Speaker 1:
That’s good. That’s good. Okay, so, please introduce yourself to the audience.
Michael Agruss:
Sure. My name is Mike Agruss. I founded 844 See Mike just over nine years ago. I’ve been an attorney for 17 years. We do consumer rights and personal injury. Taylor’s been at my office just over three years and she became a partner a couple months ago.
Speaker 1:
Okay. Great. How about you, Taylor?
Taylor Kosla:
I’m an attorney at 844 See Mike. I’ve been practicing for just over three years, and I started working at 844 See Mike just before I was licensed to practice.
Speaker 2:
[Vietnamese 00:01:21]
Speaker 1:
[Vietnamese 00:01:22]
Speaker 2:
[Vietnamese 00:02:59]
Hey, Michael. My very first question about insurance is car insurance, which is a very basic that everyone got to have when they purchase their car. Why should we need a car insurance?
Michael Agruss:
Sure. It’s a great question. And in Illinois, you’re require [inaudible 00:03:46] car insurance policy otherwise you will get in trouble. The minimum policy in Illinois to have his $20,000, $50,000 coverage. It’s not only important to have if you’re involved [inaudible 00:04:00] and you’re at fault, but it’s also important to have if you’re involved in an accident and the person who hit you does not have insurance because then you can go after your own insurance policy for coverage.
Speaker 5:
[Vietnamese 00:04:16]
Speaker 6:
[Vietnamese 00:05:34]
Speaker 2:
[Vietnamese 00:05:45]
Speaker 1:
[Vietnamese 00:06:33]
Speaker 2:
[Vietnamese 00:07:00]
Hey Mike and Taylor, when someone is injured in an accident, what are the first steps that he or she needs to do?
Taylor Kosla:
The first thing that you should do if you’re in an accident is call 911. You want the police and an ambulance, if you need it, to come to the scene and create a report of the incident.
Speaker 1:
That’s the very first step.
Speaker 2:
Very first steps.
Speaker 1:
Yeah. [Vietnamese 00:07:43]. And the second step is?
Michael Agruss:
After involved in an accident, call the police. And then the next most important thing is if you’re injured, make sure that you get treatment right away, even from the scene of the accident. So when the police come to the scene [inaudible 00:08:28] you’re injured and if you’d like an ambulance to come to the scene of the accident, if you’re injured, it’s important to say yes, you would like an ambulance to come so you can get treatment and be taken care of right away.
Speaker 1:
Yeah. [Vietnamese 00:08:40]. Okay, first thing first is call police then call ambulance.
Michael Agruss:
Correct.
Speaker 1:
And then?
Michael Agruss:
I’d say the next most important thing would be to not talk to any insurance companies after the accident. You want to make sure the police come, that you get treatment and that the insurance companies who are going to start calling right away, you don’t talk to them. They do not have your best interest in mind.
Speaker 1:
Okay. [Vietnamese 00:09:32]
Speaker 2:
[Vietnamese 00:09:38]
Mike, why not talking to insurance companies? What are the interest then?
Michael Agruss:
The insurance companies will want to call you to figure out what happened. Also, to figure out if you were injured. Both the at fault driver’s insurance company will want to call you as well as your own insurance company, and what people often times don’t realize is the insurance companies are trying to minimize their claims and so they may come across as friendly, we’re trying to just get some basic information. And in reality, they want to get people to say, “Oh, the accident wasn’t that bad. I feel okay. I wasn’t that injured.” Because a couple of months to a couple years down the road, they want to minimize what they’re going to pay out to settle the case.
Speaker 2:
[Vietnamese 00:10:42]
Speaker 1:
[Vietnamese 00:10:42]
So as you say that the injured should not talk to the insurance company, so who they should talk to?
Michael Agruss:
Their lawyer, right?
Taylor Kosla:
Yeah, they should definitely contact an attorney. And if you’ve already retained an attorney and the insurance company still calls, you should notify them that you are represented, give them your attorney’s information. But if at that point, you are not represented by an attorney, you should contact an attorney to see if you have a case for them to pursue and an attorney who can protect your rights.
Speaker 1:
Okay.
Speaker 2:
[Vietnamese 00:12:56]
Speaker 1:
Okay. One thing that I just notify that the insurance company, they so lingering. They just keep calling and calling. How can people say to the insurance company to stop calling me and calling the attorney.
Michael Agruss:
Sure. That’s a really good question. And you’re right, insurance companies hound people after accidents. No, they do.
Speaker 1:
You used the right word.
Michael Agruss:
The simplest answer is, “I have a lawyer. Here’s their information. Contact them.” And the moment someone [inaudible 00:13:29]. That’s exactly what we do is we notify all the insurance companies, your own insurance, the at-fault driver’s insurance company, even health insurance company saying, “We represent this person, please communicate with us.”
Speaker 1:
I raised that question because a lot of Vietnamese people don’t speak English well, so sometimes they need a like a straight sentence to talk to the insurance that, “Hey, I have my lawyer. Their number is … Please contact them.” They just that straight sentence to memorize when they get injured. So could you please give us your phone number or how to contact you when they are in this scenario.
Michael Agruss:
Yeah. If someone is contacted by their insurance company, they can reach out to us at 312-462-4112. That’s actually my direct number. I look at messages and get messages all day long, seven days a week. And so the moment someone reaches out to me and Taylor, we’re always quick to respond. And that is the best advice that we can give someone. Even if they’re not sure they want to hire an attorney, you don’t have to talk to the insurance companies right away.
Speaker 1:
Okay.
Michael Agruss:
So you could even ignore it for a week or two, think about things, and then reach out to a lawyer.
Speaker 1:
Okay.
Speaker 2:
[Vietnamese 00:15:00]
Speaker 1:
[Vietnamese 00:15:29]
Michael, how should I wait to contact to the lawyer or let me think about what I’m going to do or talk to the insurance company? Like, how long after the accident that I should reach out to the insurance company?
Michael Agruss:
After an accident, it would be our advice not to talk to the insurance company. And we always tell people to contact an attorney right away, so they can give you advice on what to do, which is primarily don’t talk to the insurance company, get treatment, take care of yourself. I think it makes sense [inaudible 00:17:07] immediately after the accident, even if it turns out you decide not to pursue a case or your injuries aren’t that significant, maybe you were just shaken up from the accident and it turns out it’s better to be safe than sorry. So call the police, get treatment right away, don’t talk to the insurance company, and then also talk to a lawyer who can help you out, explain your rights, help you with the property damage, making sure you’re getting the proper treatment, and making sure you’re not saying anything to the insurance companies that you shouldn’t be.
Speaker 1:
Yeah. [Vietnamese 00:17:51]
Speaker 2:
[Vietnamese 00:17:51]
Speaker 1:
I have a question for you both that in case that I got hit from the not insured driver and my insurance policy will not enough to cover my health treatment bills. So the health insurance will come up, or what’s the next step?
Taylor Kosla:
In Illinois, there’s what’s called the Illinois Lien Act, and that limits the amount healthcare providers can actually receive from a settlement, and that percent is 40%. So even if your bills are in excess of 40% of the entire recovery, all those healthcare providers actually have to split that 40% of the settlement. They can’t take any more than that.
Speaker 1:
So the maximum 40%?
Michael Agruss:
Correct, if the medical bills are beyond the insurance coverage. So say for example, someone has a $25,000 policy and there’s [inaudible 00:20:09] bills, the doctors and medical providers in Illinois under the Lien Act are only entitled to a certain percentage of the recovery. So sometimes Taylor and I work with people where they say, “My medical bills are so much money. The insurance policy is going to … The insurance policy isn’t a lot and we don’t want the doctors to get everything, so we’re not going to pursue a case.” The good news is there’s a law set to protect people where the providers can only get a certain percentage of the settlement.
Speaker 1:
Okay. So this is only for Illinois, that act?
Michael Agruss:
The Illinois Lien Act?
Speaker 1:
Mm-hmm (affirmative)
Michael Agruss:
This is a state-specific law.
Speaker 1:
Okay. State law.
Michael Agruss:
Correct. So for example, we were talking about Georgia, I am not sure what the law is in Georgia, but each state has their own law on what governs the percentage of medical bills that the providers can collect.
Speaker 1:
In case, if I don’t have any health insurance, I pay those bills, the rest of them?
Michael Agruss:
So your own insurance policy will likely. It’s not require, but they’ll likely be what’s called medical payment coverage, where you can ask your own insurance company to pay a certain amount of the medical bills. And typically, medical payment coverage is $5,000. So what would happen is if you’re involved in an accident, you can have your health insurance pay, you can have your own medical payment coverage on your own policy pay. And then the at-fault driver, in theory when you settle, is also paying to settle your medical bills and your other damages like lost wages, pain and suffering, things like that.
Speaker 1:
Okay. So how does it differ from a policy to policy? Like, I pay more in my premium, I will get more? The health insurance in my policy.
Michael Agruss:
Correct.
Speaker 1:
Okay.
Michael Agruss:
Correct. So the greater the coverage you have, the higher the policy.
Speaker 1:
Okay.
Michael Agruss:
I’m sorry, the greater, the higher the policy, the more you’re paying in premiums. I’m sorry.
Speaker 1:
I see. [Vietnamese 00:22:29]. Did you have any questions [inaudible 00:23:34] to Mike and Taylor.
Speaker 2:
[Vietnamese 00:23:40]
Mike and Taylor, let’s say I got into a car accident, I contact you guys to represent me to talk to the insurance companies, what are the steps that you will do and how long would it take for you guys to complete the case in general?
Taylor Kosla:
Well, the first thing we do is notify the insurance companies of our representation. And that, as we discussed earlier, will put a stop to communications from the insurance company. The next step is we will determine what treatment you’ve had so far and what treatment you’ve planned or maybe just treatment you need. We can help you ensure that you get the treatment that you need going forward to get you back to your best position possible since the accident. And also [inaudible 00:24:51] lost wages. Maybe you had to take time off after the accident because you were in pain or you had surgery, that’s information that we’ll be collecting and we’re really just collecting information about your damages until we have the full picture of what your injury was and can you completely understand your damages. And at that point, we’re ready to evaluate the claim to determine whether this is something we can resolve pre-suit or file.
While we’re getting all the information about you, we’re also gathering information and evidence about the accident. We’re getting the police report, maybe videos that were on the street, and things like. That will help us build your case up.
Speaker 5:
[Vietnamese 00:25:32]
Speaker 6:
[Vietnamese 00:26:53]
Speaker 2:
[Vietnamese 00:28:05]
Speaker 1:
Let’s say if I got hit from someone, so whenever I just get out my car, do we need to take pictures or take off my camera dash to give it to you?
Michael Agruss:
Yes, so if you can take pictures of the scene of the accident, that’s important. But the most important thing is to take care of yourself, make sure you’re getting treatment.
Speaker 1:
I mean, if I feel insane, I will just [inaudible 00:28:37] car and take all the pictures about my scenario.
Michael Agruss:
Pictures are very important in car accident cases. Obviously, if you feel well enough to take pictures of the scene of the accident, by all means, take pictures. That helps out. One of the things we do as part of our investigation when we’ve been retained is help our clients get pictures. Their car may have been totaled, towed from the scene of the accident, it maybe at a body shop. And so we would send someone out to take pictures. But to answer your question, pictures are important. If you feel well enough to do it at the scene, by all means, do it. If your car was towed and it’s in body shop or a junkyard, we would send out one of our investigators to take pictures.
Speaker 1:
Okay. [Vietnamese 00:29:22]
Speaker 2:
[Vietnamese 00:30:41]
Mike and Taylor, follow up on the the case, how long do I have to pursue let’s say, my personal injury case? And let’s say, I got into a car accident 10-15 years ago, very long time ago, did nothing, didn’t know the law, Can I restart the case at this point, at the moment?
Taylor Kosla:
No, unfortunately, you only have two years to bring an auto accident case or personal injury case in Illinois.
Speaker 1:
Two years.
Taylor Kosla:
From the date of the accident.
Speaker 1:
Okay. So like when I just got hit from someone, I feel okay, like nothing at all, but then one year later, my back just feels so [inaudible 00:31:56]. I say, “Maybe just because of that accident.” Can I just restart the case after that and to my lawyer and the insurance company that I feel hurt, it’s not that okay [inaudible 00:32:09] said?
Taylor Kosla:
That’s [inaudible 00:32:14]. If there is a one year [inaudible 00:32:17]. It’s just really important that if you have back aches immediately after the accident, you want to start the treatment then. You don’t want to have the mentality of, “Oh, it’ll get better, it’ll get better.” And then weeks and months go by. You really just want to start the treatment right away, so there’s continuity in treatment. And then when the insurance company or another attorney is looking at the case, they’re going to say, “Okay, you know, she was injured on this date and she got treatment from the date of the accident through, you know, several months or years passed away.”
Speaker 1:
But it’s pretty to prove that my pain is from that accident, right?
Michael Agruss:
Correct, yeah. So this is the reason why we tell people to get treatment immediately after an accident is because you don’t know how you’re going to feel in a couple of days, couple of weeks, or a couple of months. And it’s always better to be safe than sorry. If you wait an extended period of time before you get treatment, the insurance companies will evaluate the claim and think you weren’t injured. So in your situation of a year, probably too long. Even situations a couple of weeks, a month, the insurance company will say, “If you were injured, you would have gotten treatment right away. But because you waited so long, we don’t think your injuries are from the accident.”
Speaker 1:
[Vietnamese 00:33:39] I know that in fact Vietnamese peoples really busy and sometimes lazy to go to doctors to get the treatment. So what advise that you give to our audience when they got injured from a car accident?
Michael Agruss:
I would say the most important thing is even if you’re busy to at least go and get some treatment somewhere, whether it’s in an urgent care, an emergency room, your main doctor. If there is not treatment right away, the insurance companies will likely not pay to settle that type of case. And so it’s really important to get treatment. And I understand the mentality of people thinking, “I’ll tough this out. It’s really not that bad.” What happens though is a couple of days or a couple weeks down the road, things start really getting bad and then people want to backtrack and say, “Oh, well, this happened from the accident.” And the insurance company will say, “Well, what have you been doing the last couple of weeks?” So you certainly want to go see a doctor, you want to say how you feel, let them know that you’re involved in an accident so it’s documented.
Speaker 1:
Okay. [inaudible 00:36:33] could you please help me to translate what Mike said?
Speaker 2:
[Vietnamese 00:36:42]
Speaker 1:
[Vietnamese 00:36:43]
It’s 12:52. We only have a couple minutes left. Could you please give us any advice about the car accident, when we get injured or we are the one that hit someone, what we going to do and what’s your phone number and the contact formation for the audience, just call or email you?
Taylor Kosla:
I think the biggest piece of advice I can give is get treatment if you need it. If you don’t have health insurance and attorney, we’ll help you find healthcare providers that will work on a lien, which means they will get a portion of the settlement rather than you having to pay them at every appointment or having to worry about not having health insurance. Make sure you get the treatment that you need right away and for as long as you need it.
Speaker 1:
And how about you, Mike?
Michael Agruss:
My advice after you’ve been involved in a car accident, make sure you fill out a police report, call the police, get treatment if you’re injured, don’t talk to your insurance company, talk to a lawyer. And something I wanted to add as well is we have people contact us all the time who we end up helping who don’t necessarily retain us because the good news is they weren’t seriously injured in an accident or we help them with their property damage. I can’t stress enough that talk to an attorney, call us, we can answer questions even if someone decides they don’t want to hire a lawyer.
Speaker 1:
Great. Thank you.
Speaker 2:
[Vietnamese 00:39:56]
Speaker 1:
[Vietnamese 00:41:00]
Thank you so much for being here today, Taylor and Mike, and hope to talk to you soon.
Michael Agruss:
Yeah, thanks for having us on. This was great. We appreciate it.
Speaker 1:
Thank you so much.
Taylor Kosla:
Thank you.
Speaker 2:
Thank you.
Michael Agruss:
Thank you.
