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.
READ MORE: insurance companies, negotiation tips
Since you pay for car insurance, you’ll be taken care of in the event of an auto injury, right? Not entirely. Since car insurance companies are for profit corporations, they pinch and squeeze where they can to maximize their income, even at the expense of your health. But you can stay a step ahead of them and maximize your injury claim by avoiding the following: Read the rest of this entry »
READ MORE: accident documentation, medical treatment, negotiation tips, pain and suffering
Part of our weekly series of case studies of recent car accident settlements. These case studies should help you determine the market value of your personal injury insurance claim. The finer details have been kept out to protect the identity of the individual, but the overall details are accurate and true.
Case Study
Gender: Male
Age: 20’s
Type of accident: The defendant ran a stop sign and collided with the male
At-fault insurance company: Allied
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READ MORE: accident documentation, how much is my personal injury car accident settlement worth?, recent personal injury settlements
You are having a wonderful vacation. Everything is going according to plan. You’ve spent some time on the beach and at the golf course. You’ve been able to work on fixing that killer farmers tan. You pick up your significant other for a nice night on the town and WHAM, you’re hit from behind. So what do you do if you are involved in a car accident in a state that you do not live in?
First, call your insurance company right away. They might have important information for you especially if you are in a rental car.
Second, if everyone appears to be OK, finish your vacation. Don’t let a little car accident ruin what should be a nice and enjoyable time. If no one is seriously hurt, wait until you get home to work on the troubles of being in a car crash.
Third, know the statute of limitations of the state you are visiting. Every state sets their own statutes and the state you were visiting may have different statutes than your home state. Don’t assume all statutes are the same because they aren’t.
And finally, if you need to hire an attorney, please hire one in the state where the car accident happened. Hiring an attorney in the state where the car accident happened will ensure you are hiring an attorney that is familiar with that states specific laws. That includes the statute of limitations. If you need a referral for the state where the car accident occurred, please let us help you find a trusted attorney by using our network of licensed attorneys.
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This question is raised all the time. People want to know what they can expect to get from their accident settlement. Though there are definite patterns and averages for settlements, there are many variables within those patterns that will determine the value of your specific claim. Here are a list of things that can have an influence on the value of your specific claim:
1. What adjuster do you have working on your claim? Every adjuster evaluates claims slightly different. You may get an adjuster that is extremely tight with their evaluation or you might get an adjuster that is a little loose with their evaluation. Every person will see your claim slightly differently.
2. What kind of treatment did you receive for your injuries? Different forms of therapy are worth different amounts to insurance companies. Picking the right type of therapy will increase your chances of getting a little bit more in your settlement.
Read the rest of this entry »
READ MORE: accident documentation, how much is my personal injury car accident settlement worth?, negotiation tips, pain and suffering
Part of our weekly series of case studies of recent car accident settlements. These case studies should help you determine the market value of your personal injury insurance claim. The finer details have been kept out to protect the identity of the individual, but the overall details are accurate and true.
Case Study
Gender: Female
Age: 30’s
Type of accident: Female was rear ended and had her car totaled out
At-fault insurance company: State Farm
Read the rest of this entry »
READ MORE: how much is my personal injury car accident settlement worth?, property damage, recent personal injury settlements
This happens all the time, someone gets their old car that was completely paid for totaled out and they immediately go purchase a brand new car. Along with that new car comes a brand new car payment. Some people want to know if the new car payment can be added as pain and suffering. They say things like, “If it weren’t for the car accident, I wouldn’t have had to buy a new car and take on a new car payment. That new payment has put added stress on my life and therefore, I should get more money for pain and suffering.”
That statement is probably true. The problem with the logic behind the statement is you made the choice to take on the new car payment all on your own. You see, when you have your car totaled out in the accident, the insurance company has a responsibility to replace your car with the exact same car. They should pay you an amount that will get you into the exact same car. Nothing newer. Nothing nicer.
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READ MORE: pain and suffering, property damage
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.
READ MORE: insurance companies, negotiation tips
Part of our weekly series of case studies of recent car accident settlements. These case studies should help you determine the market value of your personal injury insurance claim. The finer details have been kept out to protect the identity of the individual, but the overall details are accurate and true.
Case Study
Gender: Male
Age: 20’s
Type of accident: Male was a pedestrian hit by the at-fault driver
At-fault insurance company: Farmers
Read the rest of this entry »
READ MORE: how much is my personal injury car accident settlement worth?, negotiation tips, recent personal injury settlements
Disclaimer – Please be aware that we do not represent you and are not advising you of any dates that may apply to the statute of limitations. This is you sole responsibility.
From wikipedia – A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.
In essence, the minute you are involved in a car accident, the clock starts ticking on the time that you can make a legal claim for your injuries sustained in the auto accident. Every state sets forth its own statute of limitations and it’s important to know what those time limits are especially if the car accident happened in a state you do not live in.
This site has compiled all the statute of limitations for each state and outlines the amount of time that you have to file a complaint. It also links to the individual state website that outlines the statute. Keep in mind these statutes can change and therefore you should check them every time you are involved in a car accident.
If you feel like you are getting close to the statute of limitations in the state where the car accident happened, please contact an attorney and see what they can do to help you file a complaint to keep your claim open beyond your allotted time period.
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