You have entered a war zone against the insurance company
Did you know that the day you were injured you entered a war zone with the insurance industry? Over the past 30 years, the insurance industry has spent billions of dollars in advertising to spread false and misleading information about accident claims. The industry wants people to believe that the justice system is out of control and that people who file lawsuits are getting millions of dollars for minor injuries. Such propaganda has created the perception among the public that the wrong system is broken. Even President Bush regularly argued that there were too many “frivolous lawsuits.” Unfortunately, this disinformation campaign has had the desired effect on jurors. Too many juries today are highly skeptical of people who file lawsuits seeking money for pain and suffering. They have bought into the myths created by the insurance industry. This can be a major obstacle to achieving justice in your case, even when the injuries are serious and negligence has been proven. Lawyers handling these cases have learned in recent years that it is much more difficult to achieve justice for their clients.
You should keep in mind that the insurance claims adjuster has one goal in dealing with your injury claim: to settle it for as little money as possible. Adjusters receive extensive training on how to save the company money. They are evaluated on that basis and promoted on that basis. These are some of the things they do to minimize what they will pay on your claim.
First: deny responsibility
One of the first steps every insurance company takes when evaluating any claim is whether they can deny liability. They immediately look for any argument that the insured was not at fault, the injured party was entirely at fault, or that they are not otherwise legally liable, such as when the insured’s car was loaned to an unlicensed driver or their policy has lapsed. Many policies actually exclude certain people as authorized drivers.
Second, have the injured party give a recorded statement.
Insurance adjusters are trained to obtain a recorded statement from the victim after a car accident. They call at the first opportunity and try to reassure them. Their goal is to obtain damaging admissions about how the accident occurred, or to minimize the victim’s injury complaints and need for medical attention. Lawyers see the deleterious effects of such recorded statements. For example, it is not uncommon for someone injured in an accident to downplay the significance and force of the impact, or simply agree with the adjusters’ misstatement about how the accident actually occurred. Also, they may not feel the need for medical attention for several days. Too often, the adjuster may get a recorded statement in which the person says that they feel fine and do not need to see a doctor. When their condition worsens and requires extensive medical treatment, they are later left to explain why they made such an early admission, making it appear as if they have changed their story.
Third: Obtain a signed medical authorization
The adjuster would love to have the injured party sign a general and unrestricted medical release that gives the insurance company the ability to request medical records from any medical provider they have seen. It gives the adjuster the advantage of having the information from the treating doctor and other doctors before the victim’s attorney has received those records. While we don’t play hide the ball with medical records given to the adjuster, we certainly need to know what records they have in their possession. Also, the adjuster has no reason to have medical records unless and until a claim is filed seeking compensation for injuries received in the accident. At the time, once the claim has been made, they will be given all the corresponding clinical history. There is no reason for the insurance adjuster to have them before a claim is filed.
Fourth: fast clearance on release
A very common insurance tactic is to contact the victim quickly after an accident and offer a small amount of money to settle any potential claim. This is done before they have seen a doctor or become aware of their need for medical care. Many serious injuries are not always immediately apparent after an accident. It is not uncommon for people to wait days or weeks before realizing they need treatment. Insurance adjusters are well trained and understand this fact. Some companies aggressively go after people injured in a car accident, offering them $500, $1000, or $1500 to settle their case on the spot. The condition, of course, is to give the adjuster a signed release of all claims. A release is a legally binding document drawn up by the insurance company to serve as a complete bar against any further recovery, even if the person’s condition turns out to be much worse than realized at the time the release was signed. . Accepting a small amount of compensation when no injury has occurred is one thing. Except for a small amount of compensation, which ends up preventing recovery from a much more serious injury, it’s totally different. Insurance companies know very well that paying a few people a little money, when they have little or no injury, is much cheaper than paying them a lot of money after learning the full extent of their injury.
Fifth: Convince the accident victim that the adjuster will be fair to them and that a lawyer will only cost them money
The attorneys regularly deal with clients who have been contacted by adjusters who have assured them that their claim will be fairly assessed. In reality, injured victims are told not to contact an attorney. Adjusters do this for one purpose: to save money. They understand to settle claims for larger amounts to clients represented by lawyers. An adjuster’s job is to minimize the amount he pays in settlement of any claim. They also know that the injured party has never attempted to assign a value to any injury, has no negotiating experience, or knowledge of verdicts that juries return for similar injuries. Dealing with the adjuster without the assistance of an attorney is not a level playing field and they know it.
Sixth: Surveillance It should be assumed that anyone with significant injuries in a car accident will be under surveillance.
Adjusters hire investigators to photograph and videotape accident victims bending over to pick up the newspaper, walk the dog, do yard work, go shopping, go to the gym or to the store. They are looking for evidence of any activity that “appears” to be inconsistent with the physical limitations claimed as a result of the accident. Often at trial they will attempt to produce a videotape of the victim simply going about their daily routine without any apparent difficulty. When questioned about the effect of their injury, many accident victims, unaware that they have been under surveillance, are careless in describing their actual limitations and make statements that may conflict with what the surveillance appears to show.
These are just some of the tactics the insurance industry uses. The industry effort has resulted in a national call for “liability reform.” Political parties even use it as part of their platform. In too many cases, the success of the tort reform movement has encouraged the insurance industry to enter into fair settlements. Any attorney she selects must be familiar with these issues and ready to aggressively address them on her behalf.