Questions The Insurance Adjustors Don't Want You To Ask

I have been representing accident victims against insurance
companies for the past 15 years. My office has handled
hundreds, if not a few thousand, accident cases during this
time. By representing hundreds and hundreds of accident
victims over the years, you begin to see how the insurance
industry deals with victims after they begin the claim
process following the accident.

I have found that most insurance adjustors are highly
trained adversaries, although most people would never think
this, at least not in the beginning of the claims process.
Now, most people understand that the insurance company's
job is to make money and that one way it does this is by
settling claims for less than the claim is worth. Yet,
most people are unaware of how sophisticated, yet simple,
the methods the carrier will utilize to help it accomplish
this goal.

Here are some questions that often will make the insurance
company squirm. No, the carrier doesn't like it when you
ask these questions because it either cannot answer the
question or worse, the answer is one they do not like to
hear.

QUESTION 1: Isn't it true that if I use an attorney, I'm
likely to recover more money in settlement than if I try to
settle the claim on my own?

ANSWER: Don't be surprised if the adjustor lies to you and
says "no" to this important question. How do I know that
answer is false? Because a study by the Insurance Research
Council (a nonprofit group funded by major insurance
companies across the nation) and titled "Paying for Auto
Injuries" found that the average total payout on claims
that have an attorney is 4.8 times greater than those
claims where the injured victim settled on his or her own.
This same study showed that individuals who use an attorney
receive 3.28 times more money after the attorney's fee is
paid. Most insurance claims adjustors are very aware of
this study. So, if the insurance company wants to maximize
profits it will train its claims representatives to go to
great efforts to dissuade people from hiring an attorney.
Simply put, the insurance companies know that if you hire
counsel you will likely get more money in settlement, even
after deducting the lawyer's fee.

QUESTION 2: How can the insurance company verify that the
settlement amount being offered to me is fair and
reasonable?

ANSWER: It can't and it won't! Sure, the adjustor will
tell you that settlement offer is reasonable and fair but
he can't verify or prove it to you that everyone with
similar injuries never receives more. Unless you are in
the business of negotiating and settling injury claims
there is little chance you will know whether the settlement
amount that is being offered is fair. Therefore, by
negotiating and settling the claim yourself without using
the assistance of a professional (i.e., personal injury
attorney) you run the risk of accepting a sum that may turn
out to be much less than what is considered reasonable for
your type of claim.

QUESTION 3: Why do I have to give you a recorded statement
when you can get information about the accident from the
police report?

ANSWER: Because the insurance company will try to use your
own statements against you! In most accidents a police
report will be filed and the insurance company has easy
access to this report (it just takes a written request and
a small fee). So why is a recorded statement necessary?
Most companies have written policies in place which require
the adjustor to get a recorded statement to see if there's
any information the accident victim might reveal which
could be later used to either deny the claim or pay out
less money when settlement occurs.

QUESTION 4: If I give you a recorded statement, can I then
get a recorded statement from your own insured, i.e., the
other driver?

ANSWER: No! This will never happen. It seems fair though
doesn't it? If you have to give a statement about the
accident, then why can't you also get a statement from the
other driver? Yet, the insurance adjustor will never allow
this for the same reasons you should never give a recorded
statement to the insurance company.

QUESTION 5: Why do I have to give you an unrestricted
medical authorization before I can settle the claim?

ANSWER: So the adjustor can go fishing into your past
medical history and find anything about your prior health
which will help the company either deny your claim or pay
out as little as possible. You can just as easily collect
your accident-related records and send them to the carrier
for its review at time of settlement. But usually if you
are not represented by counsel the carrier will never
accept this. By using an attorney, the attorney can
usually put limits on how much medical information needs to
be disclosed.

QUESTION 6: Shouldn't I wait to settle the claim until my
medical treatment concludes, or until I'm sure that I have
made a full recovery?

ANSWER: No, because the insurance company knows that the
quicker you settle the claim the less money it will have to
pay out. Once you settle the claim you can't reopen the
case if it turns out your injuries are more severe or if
you need more treatment as recommended by your doctor.
Most insurance companies have in place written directives
to its claims department to settle every claim as quickly
as possible so the accident victim can't re-open the case
later if the person's condition gets worse.

QUESTION 7: Why hasn't anyone told me about Uninsured
Motorist (UM) or Underinsured Motorist (UIM) coverage?

ANSWER: Probably because too few people know that they may
have additional coverage under their own policies which
will pay for the injuries and damages caused by a car
accident. If the at-fault driver has no insurance, or not
enough insurance to pay for your damages, then your own
insurance company is responsible for paying you additional
compensation under the UM/UIM portion of your policy. Many
insurance companies obviously don't want you to know about
this coverage because it may mean that you are entitled to
more compensation!

QUESTION 8: If you are claiming that my medical treatment
is excessive or unreasonable, will you pay my doctor to
write a detailed report explaining why my treatment has
been appropriate and related to the accident?

ANSWER: Of course not! The insurance company will always
refuse this request. And why should it? Although the
claims adjustor has absolutely no medical training, nothing
stops him or her from arguing that your treatment was
excessive or unreasonable. This is just one way how the
carrier will say anything to whittle down the value of your
claim so you accept a much smaller settlement than what
you're otherwise entitled to. An experienced personal
injury attorney on your side will solve this problem!


----------------------------------------------------
Christopher M. Davis is the managing partner of Davis Law
Group. He brings over 15 years of practical yet innovative
experience to personal injury cases. He practices law in
Seattle, WA. You can learn more about Mr. Davis at
http://www.InjuryTrialLawyer.com . Copyright 2007
Christopher M. Davis.

Insurance Industry Settlement Tactics: Navigate The Injury Accident Claim War Zone On Your Own You Unknowingly Have Entered A War Zone

Insurance Industry Settlement Tactics:  Navigate The Injury
Accident Claim War Zone On Your Own You
Unknowingly Have Entered A War Zone

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
on 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 false perception
among the public that the system needs fixing.
Unfortunately, this "misinformation" spread by the
insurance industry has had an enormous negative influence
on juries and their verdicts.

Juries today are highly skeptical of people who file
lawsuits that claim money for "pain and suffering." Many
people who wind up on juries believe the myths touted by
the insurance industry. This can be a huge obstacle to
achieving justice in your case, even when the injuries are
severe and negligence has been established. Lawyers who
handle these cases have learned over the past few years
that it is much more difficult to achieve justice for their
clients.

You need to be aware that the insurance claims adjustor
will utilize any means necessary to pay out as little as
possible, even on legitimate claims that involve serious
injuries. Insurance adjustors receive extensive training on
how to save the company money, and not necessarily on how
to examine a claim and pay a fair settlement. Many
insurance companies reward their adjustors with bonuses or
promotions based on how much money that person saves the
company rather than how many claims are settled. The claims
adjustor accomplishes this in several ways:

**Using Delay. The adjustor is a master of using delay
tactics to wear people down. He knows that many people will
at some point throw up their hands and say "Enough!" while
finally accepting the company's last offer just to be done
with the whole process.

**Requesting Unnecessary Information. Another method is
when the adjustor makes repeated requests for
"documentation" even if the information will have little or
no bearing on the amount that will be offered in
settlement. Repeated requests for unnecessary documentation
can easily frustrate people and wear them down so they're
more likely to accept a lower settlement offer.

**Disputing the Medical Treatment. One way the adjustor
will minimize your claim is to dispute or question your
need for medical treatment, despite having no medical
training! (even if the treatment is prescribed by your own
doctor!). Many times it does not matter to the adjustor
that your treatment has been recommended by a reputable
licensed physician.

**"Nickel & Dime" the Medical Charges. Often times the
adjustor will only agree to "accept" 70, 80 or 90% of your
past medical charges, while having no medical background to
support such a position. By "nickel and diming" the
consumer, the well-trained adjustor knows that most people
will not hire a lawyer to challenge a small portion of the
medical bills.

**Tell You Not to Hire an Attorney. Other times the
insurance company will dissuade you from hiring an
experienced attorney and falsely tell you that any money
you receive will go only to the attorney. Still other times
the adjustor may threaten to "deny" or "lowball" the claim
if you hire a lawyer.

**Misrepresenting Insurance Policy Benefits. Sometimes the
adjustor will misrepresent the amount of insurance coverage
that is available to you. Or worse, the adjustor doesn't
even tell you that the insurance coverage or certain types
of benefits even exist. This tactic may also be used to
entice you into accepting a smaller settlement than what
would otherwise be warranted.

**Acting as Your Friend. There are times when the claims
adjustor will "befriend" you and make it appear that she is
watching out for your interests when in fact she is not.
Sometimes the adjustor will give you advice about the type
or frequency of your medical treatment, and then decide
later on not to pay for the treatment because it is
"excessive."

**Making False Promises. There are times when the adjustor
will make promises to you that he or she knows can't be
met. For example, this author had a client who was promised
that the insurance company would continue to pay her
medical bills every month until she recovered. This went on
for four months until the adjustor decided that four months
of treatment was enough. The problem was that the client
didn't find out about the insurance company's decision to
stop paying until she had racked up many more months of
medical bills!

These are just a few of the tactics that the insurance
industry uses to badger and wear down injured victims so
that less money is paid out. And to a large extent, the
industry has been successful. The strong backlash created
by the insurance industry against our justice system is a
very strong movement in many parts of our country. The
movement has a name, it is called Tort Reform. The success
of the Tort Reform movement has emboldened the insurance
industry to withhold fair settlements until you convince
them that you are ready, willing and able to go to trial.
But do not be discouraged. You CAN achieve fair
compensation for your injuries and beat the insurance
industry at their own game. But it may take time and effort.


----------------------------------------------------
Mr. Davis is the founder and CEO of the Davis Law Group.
He brings over 15 years of practical yet innovative
experience to personal injury cases.  He practices law in
Seattle, WA.  http://www.InjuryTrialLawyer.com .  Mr. Davis
is the author of "The Ten Biggest Mistakes That Can Wreck
Your Washington Accident Case" comlimentary copies are
availalbe at http://www.washingtonaccidentbook.com .
Copyright 2007 Christopher M. Davis