Wednesday, August 15, 2007

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