Archive for the ‘insurance companies’ Category

Settlement Booklet excerpt: Before filing a claim

“Before you talk to the at-fault insurance company and their adjuster, talk to your insurance provider first. They may have valuable advice for you, and they are there to defend you in the accident and provide you with resources you may not know you have. For example, you may have collision coverage that can expedite the repair of your car. You might have to cover the deductible for this coverage, but you will get reimbursed if you are cleared from blame. Your insurance provider will then go after the at- fault provider for reimbursement so you do not have to.”

Want to read more? See our complete Personal Injury Settlement Booklet.

What is a personal injury case?

We talk a lot about personal injury claims here. But what exactly are they?

Put simply, a personal injury claim or case refers to someone who has been injured in an automobile accident and is seeking recovery money from the responsible party, almost always the underwriting insurance company of the at-fault driver.

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Filing a lawsuit is a gamble

If you have the choice between settling out of court or proceeding with a lawsuit, lean towards settling out of court. When you file a lawsuit, you lose all control of your case and you leave the outcome to a panel of individuals that make up the jury. Most people on a jury don’t want to be on jury duty and don’t know you from a hole in the wall. On top of that, the insurance companies have done a killer job painting personal injury claims as fake and fraudulent amoungst the general public. You and your attorney will have to try and convince an already biased jury panel that your injuries are real and serious.

In addition to facing a jury, you will have added costs and expenses just by filing a lawsuit. Most attorneys increase their fees if you want to file a lawsuit, so be sure to find out what the fine print says in your attorney retainer about filing a lawsuit. These added costs come directly out of your settlement and often times are not reimbursable. This can be a huge gamble for you especially if you have a borderline offer already on the table.

Once you file a lawsuit, all offers are taken off the table and the end result can be better or it can be worse. If you end up with a worse offer than what was originally presented to you from the insurance company prior to the jury verdict, too bad so sad. You are stuck with the jury verdict and potential costs of filing the lawsuit. So unless you are 100% certain that you will get a better award from a jury, think twice about filing that lawsuit.

Top 10 auto accident insurance myths

From Seven Mistakes That Can Wreck Your Auto Accident Case comes good advice on “myths” about personal injury cases and the insurance industry. Just because someone told you something doesn’t mean it’s true.

  1. You must give a recorded statement to the at-fault insurance company or your claim will be denied.
  2. You must sign a medical authorization at the request of the at-fault insurance company or your claim will be denied.
  3. If you make a claim for uninsured motorist benefits, your insurance company will raise your insurance rates. (more…)

7 biggest mistakes that can wreck your auto accident case

Savvy Car Crash Assist readers may have seen commercials or websites giving away copies of The Seven Biggest Mistakes That Can Wreck Your [insert state name here] Accident Case, in exchange for your contact information. The booklet seems to have been ghostwritten by someone, then sold throughout the nation to various attorneys who claim authorship. In any case, it summarizes many of the things we teach in our Settlement Booklet. They are as follows: (more…)

How to file an insurance claim – 5 things to never tell your insurer

MSN.com posted an article this week entitled 5 things never to tell your insurer. The first two really have more to do with home owners insurance and health/life insurance, but 3, 4, and 5 are directly applicable to auto accidents. From the article:

5. ‘Whiplash’

Whiplash and whiplash-associated disorders represent a wide range of injuries caused by a sudden distortion of the neck.

Insurance companies often associate the term with exaggerated or fraudulent claims, so saying, “I have whiplash,” could delay the payment process.

Refer to your injuries in medical terms if you can, or wait until your doctor makes a diagnosis.

Remember, the insurance companies are in the business to make money. They can make more money in profits by paying out less money in insurance claims. Be careful in what you choose to say to the insurances companies and how you choose to say it. If you say the wrong things, you will hurt the value of your claim. If you are unsure how to answer a question from the adjuster, tell him that you will let him know the next time you speak to him and politely end the call. Then find some resources on our site or on the internet that answers the question for the adjuster and the next time you speak with him, you will be prepared to say the right things.

Don’t let your emotions take over your negotiations

Adjusters are highly trained to do one thing, get you to sign a release. You are emotionally invested in the accident because you are the one that has been negatively affected by the car crash. When the two sides meet in the middle, sparks can fly.

Letting your emotions dictate your negotiations is a sure fire way to lose your battle against the insurance adjuster. If you lose your cool and start making this a personal battle with the adjuster, you will never get what you are looking for. All too often people end up having to call an attorney because they just couldn’t get anywhere with the adjuster on their own. More often than not, the reason they couldn’t get anywhere with the adjuster was because the adjuster got under their skin and they lost their cool. Once that happens, negotiations stop because both parties dig their heels in and neither one wants to concede to the other.

When negotiating with the adjuster, keep your emotions checked at the door. If you feel your temperature rising, politely end the call and take a couple of days before calling the adjuster back. If you just can’t work with the adjuster, call his supervisor and ask for your file to be transfered to a new adjuster. If you are still having problems with a second adjuster, the problem is likely you. You may be the kind of person that just can’t keep their emotions in check and that’s OK, you’ll just need to hire someone to do your negotiating for you.

How much is my insurance auto claim worth?

Everyone wants to know exactly how much their personal injury insurance claim is worth. Guessing the exact amount that your injury claim is worth is like predicting the winning numbers to the lottery. However, you can see trends with insurance companies and begin to get a good range that your claim might be worth.

The first thing to understanding how much your claim is worth is to break your claim down into two categories. The first category is your property damage. The more damage to your vehicle, the more likely you are seriously hurt. This isn’t always the case because cars are safer than they have ever been, but it is a good indication to the insurance company that you are more likely to be hurt in a serious accident versus a minor accident.

The second category is your actual medical treatment and therapy. This is the bulk of your evidence and where you really start to determine how much your accident claim is worth. If you have $500 in medical bills and you make a good recovery, your claim probably isn’t worth much more than just your medical bills. However, if you spent 3 days in the ICU and 6 months in recovery with 2 major surgeries and $60,000 in medical bills, your claim is obviously worth a lot more. The next step in determining the value of your injury claim is figuring out how the insurance company values your evidence and offers you pain and suffering for your injuries.

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The $750 offer to get our file off of his desk

This is part of our continued coverage on my wife’s injury claim with Progressive

Since the accident my wife was in happened on a Friday afternoon, we weren’t able to get in contact with the adjuster until after the weekend. On Monday morning, I called over to Progressive to set up the claim and talk with the adjuster. After giving him the details that I wanted to give him and being light on details on the ones he wanted, he asked if he could set up an appointment to meet with my wife. I said that would be fine and we scheduled an appointment for Wednesday.

Wednesday came and my wife and I were driving to meet with the adjuster. I took a few minutes in the car to give my wife some pointers so that she would be prepared for what the adjuster was going to ask her. I could have predicted the conversation any better than I did. In fact, you can call me Nostradamus because the adjuster was word for word on what I told my wife to expect. The key points of the conversation went as follows with some inserted commentary for your benefit:

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Labor Day weekend is the last major DUI weekend until Halloween

The last holiday weekend of the summer is here. With it comes all the good things we love about summer. Barbecues, college football and unfortunately, drinking. I thought I would take a minute to help you navigate the tricky waters of a being hit by someone that was DUI.

Let me be clear, this is not for someone who is DUI to find out tricks on how to get off with the least penalty possible. I despise DUI’s and frankly, I have no sympathy if you choose to drive under the influence. This post is designed to give tips to those hurt by DUI’s a little more leverage to get greater compensation.

If you take a DUI case to court, the judge will instruct the jury to award what is called punitive or exemplary damages. This is defined as compensation in excess of actual damages. That means the jury is instructed to penalize the DUI defendant extra just because he was DUI. This is to send a message to the DUI defendant that what he did was more than just an accident, but his actions to drive under the influence are socially wrong.

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