Working With Insurance Adjusters
June 9, 2011
Insurance adjusters (and defense attorneys) can some times be hard to work with. I received a response yesterday that I hadn’t had before:
One of the medical providers on the case was VERY slow on getting us their bills and medical records for one of our car accident clients. I went ahead and sent the demand letter to the insurance company about a month ago with the instruction that we would forward the records/bills from the final provider once we received them. We already had the other records and bills from the other five providers and this would give the insurance adjuster a chance to start reviewing the file (and hopefully speed of the claims process).
I talked with the adjuster yesterday about the case. I mentioned that the outstanding bills and records had finally arrived and that I was emailing her the records as we spoke.
Her response:
“Do you think that makes a difference to our settlement offer?”
They had already made a settlement offer on the claim (another low ball offer). Their offer barely covers the claimants medical bills. A bill for over $1000 should definitely change their settlement value of the claim.
The goal in filing a car accident lawsuit
May 31, 2011
What do you think the goal in filing a lawsuit for a car accident is?
The goal in any lawsuit is to get a fair equitable amount. In my opinion, “getting as much as possible” (or hoping for a windfall) is a fruitless endeavor. A jury will correctly see right through this. Chances are, if a lawsuit has been filed, the insurance company on the other side is making a low settlement offer – if they are even making an offer. Some insurance companies wait until a lawsuit is filed to even make a settlement offer to pay the medical bills. Don’t forget about lost income and pain & suffering.
Facebook and Car Accident Injury Cases
May 24, 2011
Law.com has a good summary of a car accident case and whether or not Facebook postings are discoverable in accident cases. This hasn’t come up in any Oklahoma cases (yet).
The case involved an auto accident back in May ’07. The insurance company defending the case was Allstate (well, technically, the attorneys they pay). Remember that a jury doesn’t get to know who’s paying the defense attorney and who will be paying any judgment (in reality it’s almost always that person’s insurance company).
The Allstate attorneys in the case were hellbent on getting access to the plaintiff’s Facebook pictures. The attorneys argued that they needed the pictures to show what the plaintiff looked like before the accident (even though they already had pictures of her).
Liability was admitted, so the issue for the jury to decide was “how much did the plaintiff’s damages add up to?” (the airbag deployed during the wreck and the plaintiff suffered scars from the lacerations and resulting 95 stitches on her face).
The Pennsylvania court ruled that the plaintiff didn’t need to turn over the photos.
Some thoughts on the case:
- Note that the car accident was in May of 2007! Even though the case was clear/admitted liability, Allstate was still fighting the claim four years later.
- Admitted liability cases can be tricky/annoying for jurors: they generally aren’t allowed to hear if the property damage was settled and who’s actually paying the bills. Also remember that the plaintiff will generally need to repay anything that was paid by their health insurance company.
- Insurance companies and their attorneys will go out of there way to poke holes in car accident cases
- This reiterates the point that personal injury claimants should be truthful throughout the whole process.
How long will my auto accident mediation last?
May 20, 2011
Most car accident mediations take between 3-4 hours. Obviously, it will depend on how complicated/contested the case is as well.
If the mediation fails to get the case settled, there’s a good chance it’s going to trial.
5 Great Ways to Ruin Your Car Accident Lawsuit
May 19, 2011
You can have a valid car accident claim, and oftentimes, an insurance company will manage to place a low settlement value on your claim. What do they look for?
1) Are you telling the truth throughout the whole process?
a. What did you say to the responding officer at the accident
b. What was discussed with your doctors?
c. Did you tell them everything? If your back is hurting, and you don’t tell them, you haven’t told them everything!
d. Are you exaggerating your pain with your doctor?
2) Are you following your doctor’s advice?
a. Skipping doctor’s appointments, no matter how inconvenient, makes it look like you’re not really that hurt
3) Assume the other driver’s insurance has your best interests at heart
a. They are not representing you! They’re looking to minimize any potential payment to you
4) Missing the deadline to file suit
5) Not seeing a doctor immediately
a. Insurance companies love to argue “delay in treatment = not hurt”
Car Insurance Terms You Should Know
May 18, 2011
A lot of these terms are self-explanatory, but it’s important to fully understand the most commonly used terms:
Policy or Insurance Policy – Your policy is the contract you sign with your insurance company. Make sure you read it!
Policy Limit – Your policy limit is the maximum dollar amount that the insurance company is obligated to pay under your policy.
Premium - This is the cost of your insurance policy. Higher policy limits will generally require higher premiums.
Coverage - This section details what the insurance company will actually cover.
Policyholder - This is the person who purchased the policy.
Insured - The insured are the people covered under the policy. Oftentimes this will include the policyholder and the policyholder’s spouse and kids.
Adjuster - The insurance company’s representative that will evaluate a claim and often offer to settle the claim.
Date of Accident – Self-explanatory but very important. If a set amount of time has passed, a car accident plaintiff will not be able to recover anything from the person who caused the accident
Car Insurance Company Disclosing the Policy Limits
May 17, 2011
Why won’t the insurance company tell me what kind of policy their driver has? I want to know how much coverage they have.
Simple: they aren’t required to tell you the policy limits. Insurance policy limits are discoverable after a lawsuit is filed. Some insurance companies will go ahead and disclose this before suit is filed, others won’t though.
What to do if you can’t get a serious offer on your car accident claim
May 16, 2011
I hate lawyers, and I don’t want to file a lawsuit, but the insurance company is not being reasonable. They are really low balling me and they won’t even pay all of my medical bills. What can I do?
I’m sure I’m a little biased : ) but I strongly believe that lawyers help people.
It looks like you’ve narrowed your choices down to 1) accepting whatever the insurance company will offer you – even if it is a lowball number or 2) hiring an attorney and pursuing your legal rights. That decision is certainly up to you.
Should I hire a car accident attorney?
May 13, 2011
I’m not sure if I want to hire an attorney, do you think I have to?
Of course you don’t have to hire an attorney. If your case is minor, or if you are not hurt, there is a good chance that you’ll be able to get your car fixed and settled on her own. A lot of my clients only come to me after they’ve exhausted all possibilities with the insurance company. You should remember that insurance companies are very large businesses that make a lot of money. They have a financial incentive to pay claimants as little as possible. Their adjusters and attorneys are trained to do just that.
Hiring the best attorney for you
May 12, 2011
I’m currently deciding which attorney I want to hire. What should I look for?
I personally would only hire someone that I am comfortable with. After that, I would want someone that is capable of pursuing my case if it “goes the distance.” There are a lot of law firms and attorneys out there that don’t actually try cases. I feel that you won’t get a fair settlement offer unless you’re willing to pursue the case to the fullest. Insurance companies keep excellent records and they generally know which attorneys try cases and which settle for the last offer. If an insurance company knows that they won’t have to go to trial, they have little incentive to offer a fair settlement. I would also prefer a law firm that has an attorney working on my case, not a “claims specialist” or paralegal.
