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Friday, July 15, 2005 |
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5 SECRETS THE BIG INSURANCE COMPANIES DON'T WANT YOU TO KNOW IN HANDLING YOUR ACCIDENT CLAIM
INTRODUCTION
At the risk of stating the obvious, it is important to understand that Insurance companies are big businesses that want to make money. The less they pay out to injured victims . . . the more money they make!
Before we begin, there are a few things you should understand about insurance companies and how they work.
FIRST * If you are hurt due to the negligence of someone else, and they refer the matter to their insurance company, your case is called a CLAIM. It will usually go to something called their "CLAIMS DEPARTMENT." A file is set up and an individual will usually be assigned to this file to handle the claim. This person is called the 'ėCLAIMS ADJUSTER."
SECOND * The adjuster will investigate the matter, take statements and photos, and collect doctor records so that he can determine some evaluation of liability (who did something wrong) and injuries. (how badly were you hurt.) Adjusters are usually given a certain "dollar limit" in terms of the amount of money they can offer to settle a claim.
THIRD * After the adjuster has finished his investigation, he will either offer to settle the claim or deny it altogether. (If he thinks there is no case) At this point you would have to either accept the offer or take the matter to court. Large money claims usually have to either go to an INSURANCE COMMITTEE, who evaluates the file, or to a LOCAL or REGIONAL MANAGER, who have authority to offer more money to settle the claim.
Needless to say, learning how their system works from the inside can make chances of settling the claim much more likely. Here are just few INSIDER TIPS!
SECRET #1: EXPERIENCED LAWYER = MAXIMUM SETTLEMENT! back to top
MOST CASES REQUIRE AN EXPERIENCED LAWYER IN ORDER TO GET MAXIMUM SETTLEMENT VALUE OF A CLAIM! I know this sounds like a commercial for lawyers, but unfortunately it is true! One common trick of insurance companies is actively discouraging the injured party from getting a lawyer, or competent legal advice. He will suggest that you handle the negotiations on your own and that an attorney's fee is a waste of money.
However, the problem with this approach is that THE INJURED PARTY WILL HAVE NO IDEA WHAT THE CASE IS WORTH. Without a lawyer, he will not know how to get doctors reports about future medical expenses or possible injury complications. The injured party will be totally in the dark and helpless.
Do you really want to be alone and put yourself at the mercy of the insurance company, whose prime motivations are their own profits?
Let's take the example of working on your own car. Twenty years ago, it used to be easy and many people could do it effectively. But, with all the microchip and onboard computers, it is virtually impossible today. Unfortunately, the law is the same way. You need an expert to resolve your case quickly and painlessly.
The associates working out of my office are, in my view, the best in the business. They have a track record of winning millions from insurance companies and the insurance companies know it. (Or I quickly tell them.)
An insurance company won't tell you all the areas where losses can be paid. Such as:
- Wage loss, medical bills, property damage and other out of pocket expenses
- Physical pain and suffering
- Mental anguish
- Fright and shock.
- Denial of social pleasure and enjoyment
- Embarrassment, humiliation or mortification
- Disability. (Inability to work or play)
- Disfigurement. (permanent scars or bumps)
How could a lay person negotiate for these things if he doesn't even know they exist? Often an insurance company will try to pressure an injured person into a quick settlement at the time when they are mentally, physically and emotionally at their weakest.
SECRET #2: TIME IS OF ESSENCE & TIME IS MONEY!
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After an accident, a virtual time bomb is ticking! In every case, there are important steps that must immediately be taken. Evidence must be preserved! The longer the client waits, the less likely important evidence is going to be around when it is needed. If this evidence is lost, the case may be worth substantially less because the injured party can no longer prove the things that justify a higher settlement.
Even worse . . . IF YOU WAIT TOO LONG, YOUR CLAIM COULD BE FOREVER BARRED! If you do nothing else, at least call me immediately to see if the statue of limitations has expired on your case.
These time limitations are very important to be aware of. Several times a year, potential clients call my office with serious injuries and clear liability, only to discover that they have waited too long. The law is full of deadlines. Some of the NOTICE REQUIMENTS are only a few months long! In the injury business, DELAY CAN BE FATAL TO YOUR CASE. Of course, the insurance company isn't going to go out of their way to make you aware of this. They want your claim barred!
SECRET #3: PICTURES . . PICTURES . AND MORE PICTURES!
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You've often heard it said that A PICTURE IS WORTH A THOUSAND WORDS, Pictures also can be worth literally thousands of dollars. The right photograph can be a very powerful tool in motivating the insurance company to make a fair settlement. Take pictures of your injuries or scars. Take pictures of any splints or casts. When in doubt get in on film! If your injuries created a facial scar, I can arrange to get a picture professionally done for some high quality close-ups that will show the minute detail of the scars.
In one of my auto accident cases, we took pictures of the damaged car before it was taken to the junkyard. Later, there were questions whether the accident had caused my client's back injuries that required surgery. Even her treating doctor wasn't sure.
Her own insurance company was talking about stopping her wage loss benefits. I promptly made an appointment with her doctor and showed him the pictures of the damaged car. The entire truck of the car was smashed. Her back windows exploded from impact. Her driver's seat hinge was broken and flattened like a pancake.
The doctor's eyes winced with pain when he saw these pictures.
He even rubbed the lower portion of his back and blurted out "OUCH!" If he ever had any doubt as to what caused her back injuries, it was over then and there. He immediately supported our case. This was all due to the tremendous power of pictures.
I have found that video taping is also a very effective tool. I use video to show the complete picture of the accident scene. It can show the "loss of range of motion" caused by an injury. It can show almost anything you need to prove.
SECRET #4: GET IMMEDIATE MEDICAL ATTENTION ...back to top
After an accident happens, it is also important to seek immediate medical attention. When an accident occurs, injured victims are often in a state of shock. Consequently, they may not initially feel any pain. Many people even deny being hurt. Later on they often discover that the insurance company is using this against them, claiming "Well if they were HURT after the accident, why didn't they immediately go to the doctor?" Don't take a chance. Get the treatment you need as soon as possible.
Also make sure that you carefully follow your doctor's advice. First, you want to do all that you can to recover from your injuries as quickly as possible. (No settlement amount can ever replace good health) Second, if you don't follow your doctor's advice, it will probably be noted in your medical records and then used against you by the insurance company.
SECRET #5: KEEP RECEIPTS OF EVERYTHING ...back to top
Documentation is the key to keeping an insurance company honest. If you want to get paid for an expense, you will first have to show proof of the expense. For example, if you have to hire someone to cut your grass or clean your house after an accident because you are injured, you need to get receipts for this in order to prove you spent the money. It is amazing how many of these reimbursable expenses fall through the cracks, unless you bring them the adjuster's attention.
However, keeping receipts has more value than the amount that is reimbursed. It is further proof of the extent of your injuries. Receipts and documentation of these expenditures are painting a very clear picture of the nature and extent of your injuries.
My clients quickly realize that the pain of a little paperwork can turn into a effective negotiating tool.
DO'S AND DON'TS IMMEDIATELY AFTER AN ACCIDENT ...back to top
- Don't discuss fault. (This is often a complicated legal question)
- Do have someone summon police and/or medical help.
- Don't deny injury. (You may be seriously hurt and not realize it)
- Don't give ANY statement to the other person's insurance company.
- Do preserve any evidence
- Do take pictures (or Video), write down all of your thoughts.
- Do report the accident to your insurance company.
- Do retain legal counsel as quickly as possible
CONCLUSION
This has only hit SOME of the highlights of what you need to do to increase your NEGOTIATING POWER with INSURANCE COMPANIES. As you can see, it is an information game. The more accurate information you have, the more you can use it to your advantage in the case!
SO WHAT CAN I DO TO HELP YOU? ...back to top
In my practice I've found that many people are reluctant to seek help when they have been injured. Some have had bad experiences with other lawyers. Some have already been intimidated by the big insurance companies they've been dealing with. Some simply believe that it is wrong to bring a claim for personal injuries.
I've found that once I talk with people about their claim and the legal process, they feel much more at ease with the system. I think my clients also appreciate the opportunity to talk with me at no charge, and with no pressure!
HERE IS WHAT I WOULD LIKE TO OFFER YOU . ...back to top
With no pressure, and absolutely free of charge: A free analysis of your case over the phone! You don't even have to call and make an appointment! If at this time I feel that there is a possible case we can set an appointment to meet and establish a formal attorney/client relationship. Until that time neither one of us is obliged to make a commitment on the case.
However, don't delay. As I explained there is a virtual time bomb ticking. Undue delay can be devastating to your case!
On the phone, I will also answer any questions you have about my legal experience. It is my hope that during this phone conversation I can help you do the following:
- Find a way to get compensated for your injuries and get you the medical help you need.
- Find out if the insurance company you are up against is withholding benefits you are entitled to, or pressuring you to make a quick settlement;
- See if you may be exposed to risks you may not know exist, and could spell disaster for you. (such as time limitations and deadlines)
You may be asking, "why are you willing to spend all this time with me for free?" My answer is simple. I believe that the only way to continue to build my practice is to be the best possible service to potential clients.
WHAT ABOUT ATTORNEY FEES? ....back to top
You may be wondering how I earn my fee, and whether you will end up owing me an outrageous hourly rate. The nice thing about accident cases is that they can be handled under a rather unique fee arrangement. I am allowed (if you choose) to take your case on what is called a "contingency fee." I earn a "percentage" of the verdict or settlement I get for you.
In other words, I only get paid if you get paid. (One third or 33 1/3%)
I only get paid if and when I do a good job and collect money for you in your injury case. This gives me a powerful incentive to devote myself to your case and fight for your rights to receive the kind of compensation you deserve!
Your lawyer is going to need every bit of this incentive if he is going to be able to stand up to the powerful insurance companies.
If you would like to have immediate answers, just give me a call and I will personally set a time to visit you and answer your questions. I would be glad to visit your home, a hospital, my office, or a location more convenient for you. Absolutely free! Also remember that in personal injury cases there is no attorney fee unless you collet!
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