This “How To” article is crucial, up-to-date information concerning what to do if your insurance company is giving you a hard time (regarding your own motor vehicle accident claim with them) and you’re positive it’s “Legit”. If there’s some problems with whatever position they’ve taken regarding your Property Damage Loss (or any other coverage-questions they may be ducking/stalling/ignoring and/or disputing) you don’t have to sit back and take it!
You DO have options to settle your dispute and you should proceed as follows:
#1. FIRST, LET YOUR AGENT KNOW YOU’RE UNHAPPY: Ask them to go to bat for you. If they sit on their butt (afraid or “too busy” to get “involved” with your “problem”) find out the name and phone number or your insurance companies nearest Claims Department. Contact them and ask for help. (Never forget, you’re their insured, your premium’s pay their salary). If the person you’re talking to attempts to handle your problem with uncaring indifference, just like your agent has, than find and talk to that individual’s boss - - The Vice President of Claims and/or whomever.
#2. BE PREPARED TO SUPPORT YOUR CASE: Have ready all documents, plus a covering letter (to snail mail to that person your finally talking to) proving your point and explaining why you’re not satisfied. (Send it to them PERSONAL AND CONFIDENTIAL - - with a signed “Return Receipt” requested).
#4. CONTACT YOUR LOCAL INSURANCE DEPARTMENT: If you’ve followed your insurance company’s rules for resolving a dispute, and you’re still not satisfied, your own Local Insurance Department can help you. You can reach them by phone, or mail, or often online.
WHAT THEY CAN DO FOR YOU: Many insurance departments offer on-the-phone assistance to help resolve the “Problem” without requiring you to file a formal “Written Complaint“. Most post their complaint forms on their Web sites, allowing you to print out the document, complete it at home, and mail it to them. (If they don’t have a web site ask that they snail mail their “Written Complaint” form right out to you) !
After you provide them with all the necessary information (including your policy or claim number and supporting documentation) they will notify the insurance company (or agent) you’re complaining about. The company (or agent) is then required to respond to the department within a certain amount of time, usually between 10 to 30 days, depending upon the area where you live.
Upon receiving a reply, Insurance Department officials will dig deeper, trying to determine what can and should be done. This process usually takes about 30 days.
If the Insurance Department decides against the agent or the insurance company (which is clearly stated - - and one both your insurance company and your agent know to be a fact of their business life they‘d prefer not to get hung up on - - nor be forced to deal with) the Insurance Department has the power to levy a variety of penalties, ranging from a fine to actually revoking the license of the agent or company. (When it comes down to the nitty-gritty, these departments have all the power they need to penalize companies that are deliberately ducking or dragging their feet).
After reading the above, you may want to consider hiring an attorney to represent you because it can get complicated! If you do, find one who specializes in Auto Insurance. Attorney’s work either at an hourly rate or on a “Contingency-Fee Basis“, depending on the type of case. If you decide to go that route be sure to get your lawyer’s “Fee Structure” in writing. And (to remain current on the progress of your claim) insist that you receive copies of all correspondence. PLUS: Be sure your lawyer knows that he or she must have your agreement - - before committing to any settlement!
Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book reveals “How To” successfully handle your motor vehicle claim, so you won’t be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the “Pain and Suffering” you endured - - because of your personal injury.
DISCLAIMER: This article is intended for background information. Its only purpose is to help people understand the motor vehicle accident claim process. Dan Baldyga nor ARTICLECITY.COM make no guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain it.
Wednesday, 13 July 2011
Motor Vehicle Accident Insurance Claim Guide
This is a FREE Insurance Claim Guide
Your "Motor Vehicle" can be a truck, car, motorcycle - - you name it! If it's powered by a motor and has one, two, three, four (or even more) wheels this "Guide" is for you.
The information below is a bare-bones "Guide" for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.
AFTER IMPACT CHECKLIST
We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A "Guide" to refer to so you'll be certain, should an accident take place, that you've covered everything.
Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:
IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other driver's face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: It's most important to take pictures of: Skid or gouge mark's on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.
INSIGHTS INTO HANDLING YOUR CLAIM (There Are Six Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate
You Should Go Into Detail Regarding These (Below Listed) Six Areas:
(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your "Pain and Suffering") regarding any financial loss flowing directly from the injury you may have sustained.
MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, "Medical Specialist" and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your "Total Disability" and/or your "Partial Disability". These are of enormous value because they justify the often HUGE, extra payment made for your "Pain and Suffering" . (Plus this information will also prove your claim for Lost Wages).
NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.
(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. You're often entitled to compensation for "Lost Time and Earnings" even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesn't matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.
All of these constitute an element of your "SPECIAL DAMAGES" mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as "Lost Time And Earnings" but as "Lost Earning Capacity". In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated area's of your loss) are found in CHAPTER FOUR "Damages" within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(3) PROPERTY DAMAGE LOSSES: "AGREED COST TO REPAIR": This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If you're not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, "If it's not excluded, it's covered". Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A "Total Loss" is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and "Official" Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: You're entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.
The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each "Injury Evaluation Factor" should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.
PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR "TOTAL" DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR "PARTIAL" DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both "Partial" and "Total" Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).
(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of who's at fault! (You must read your policy carefully because the "Who", "Why" and/or "How" of this often differs).
A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!
(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjuster's head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of "Good Faith" vs. "Bad Faith".
All the information necessary for you to deal with and handle the above issues are spelled out within the contents of AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book also contains BASE (The Baldyga Auto Accident Settlement Formula). THE BASE FORMULA will tell you exactly how many dollars the "Pain and Suffering" you endured are worth.
DISCLAIMER: The only purpose of this article is to help people understand the motor vehicle accident claim process. Dan Baldyga, does not offer a guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBLY to obtain such services.
Your "Motor Vehicle" can be a truck, car, motorcycle - - you name it! If it's powered by a motor and has one, two, three, four (or even more) wheels this "Guide" is for you.
The information below is a bare-bones "Guide" for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.
AFTER IMPACT CHECKLIST
We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A "Guide" to refer to so you'll be certain, should an accident take place, that you've covered everything.
Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:
IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other driver's face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: It's most important to take pictures of: Skid or gouge mark's on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.
INSIGHTS INTO HANDLING YOUR CLAIM (There Are Six Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate
You Should Go Into Detail Regarding These (Below Listed) Six Areas:
(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your "Pain and Suffering") regarding any financial loss flowing directly from the injury you may have sustained.
MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, "Medical Specialist" and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your "Total Disability" and/or your "Partial Disability". These are of enormous value because they justify the often HUGE, extra payment made for your "Pain and Suffering" . (Plus this information will also prove your claim for Lost Wages).
NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.
(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. You're often entitled to compensation for "Lost Time and Earnings" even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesn't matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.
All of these constitute an element of your "SPECIAL DAMAGES" mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as "Lost Time And Earnings" but as "Lost Earning Capacity". In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated area's of your loss) are found in CHAPTER FOUR "Damages" within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(3) PROPERTY DAMAGE LOSSES: "AGREED COST TO REPAIR": This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If you're not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, "If it's not excluded, it's covered". Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A "Total Loss" is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and "Official" Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: You're entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.
The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each "Injury Evaluation Factor" should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.
PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR "TOTAL" DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR "PARTIAL" DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both "Partial" and "Total" Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).
(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of who's at fault! (You must read your policy carefully because the "Who", "Why" and/or "How" of this often differs).
A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!
(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjuster's head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of "Good Faith" vs. "Bad Faith".
All the information necessary for you to deal with and handle the above issues are spelled out within the contents of AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book also contains BASE (The Baldyga Auto Accident Settlement Formula). THE BASE FORMULA will tell you exactly how many dollars the "Pain and Suffering" you endured are worth.
DISCLAIMER: The only purpose of this article is to help people understand the motor vehicle accident claim process. Dan Baldyga, does not offer a guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBLY to obtain such services.
Outside Pressures On The Typical Insurance Adjuster
Insurance adjusters are not without outside pressures they must deal with every day of their work life. It would be advantageous for all readers to be aware of the most important of these because they could put money in your bank.
The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of all Insurance Claims Adjusters and their superiors in that particular state. Each has a Consumer Complaint Division. If the adjuster you've been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe to be a ridiculously low offer, you have cause for a complaint.
The mere mention of a complaint to the State Department of Insurance may bring the adjuster around to making a better offer. Adjusters would rather not have to deal with a complaint and they positively don't want copies of them ending up in their personnel file !
Your complaint to the State Insurance Department will accomplish several things. First, his boss will now become aware that there's a claimant who intends to do whatever it takes to obtain some positive settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you write to the Consumer Complaints Division, it will evolve into what's always a costly effort because a complaint with the State Insurance Department will add an additionallayer of work, supervised by an extra contingent of personnel. When it's realized this will likely come to pass they'll try harder to get rid of you and settle your claim.
The vast majority of insurance adjusters dream of one day being promoted to a higher position within the company they work for. They're acutely aware of the fact if their personnel file has correspondence flowing into it from claimants they've handled(plus copies of the letters which have been sent to the insurance commissioner) and those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn't want a "Problem" claims employee spluttering, splashing and crashing about his office area causing headaches and extra work within the framework of that particular executive's command. The adjuster is fully aware that such complaints will keep him, out on the road forever,and will surely prevent him from moving up the corporate ladder.
OTHER CRUCIAL ISSUES THAT THE ADJUSTER IS AWARE OF
When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, is often vastly different from the stipulations found in the "Formal law". That is, legal theory, as it's written and allegedly supposed to work. What this means, simply stated, is: Adjusters can settle a case, whether their decision to do so is based on "The Law", or not.
In the real world of Personal Injury settlements a "Compromise" (one which often has little and often nothing to do with "The Law") is the order of the day. It's commonly accepted among those is the business (because that's what makes their work life so much easier) that in any given case there's almost always a likelihood of negligence on both sides, rather than just one. What this boils down to in practical terms, is this: Irregardless of the law practically no claim is without merit or totally lacking in value - - especially if the "Value" is simply to "get rid of it". QUESTION: "How does Dan Baldyga know this to be true?" ANSWER: "Because he was an Insurance Adjuster, Supervisor, Manager and then Trial Assistant for over 30 years. He's been there, and observed that."
Although it's never expressed to him "officially" every adjuster quickly learns, should your case go to trail, compromise will usually be the order of the day, even in cases of questionable liability . This fact alone gives him plenty of room to make a compromise settlement before your case ends up in his Defense Attorney's hands where such a move will usually take place anyways! Why will this come to pass? Because the costs of preparing for(and then proceeding into)a courtroom battle will skyrocket.
Being aware of this is always bubbling and boiling in the gray matter between every adjusters ears. If there's any question whatsoever (regarding who was at fault in the accident you were involved in) don't ever give up. Keep pounding away! When faced with a determined claimant who's willing to wait and haggle and refuses to go away, the chances are the adjuster will eventually make an offer.
This comes to pass because the adjuster(especially if your claim has some value) doesn't want it to end up as a complaint at the State Department Of Insurance. Plus he knows you'll be made, a settlement offer, somewhere down the line, anyway! So, better he settle it now, before the cost of defending it gets blown out of proportion, later.
In order to continue to look good (especially to those who watch their progress and the way they handle the outside pressure's that haunt every one of them)insurance adjusters - - who want to climb their corporate ladder to success - - must be very cagey individuals who must work hard to please those they work for. For you to understand this will most assuredly be to your financial advantage.
Copyright (c) 2003 by Daniel G. Baldyga. All Rights Reserved
DISCLAIMER: This insurance claim article, OUTSIDE PRESSURES ON THE TYPICAL INSURANCE ADJUSTER is to help people understand the motor vehicle accident claim process. Dan Baldyga makes no guarantee of any kind whatsoever, NOR does he purport to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL'S RESPONSIBILITY to obtain it.
Dan Baldyga's third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com. or http://www.caraccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of all Insurance Claims Adjusters and their superiors in that particular state. Each has a Consumer Complaint Division. If the adjuster you've been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe to be a ridiculously low offer, you have cause for a complaint.
The mere mention of a complaint to the State Department of Insurance may bring the adjuster around to making a better offer. Adjusters would rather not have to deal with a complaint and they positively don't want copies of them ending up in their personnel file !
Your complaint to the State Insurance Department will accomplish several things. First, his boss will now become aware that there's a claimant who intends to do whatever it takes to obtain some positive settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you write to the Consumer Complaints Division, it will evolve into what's always a costly effort because a complaint with the State Insurance Department will add an additionallayer of work, supervised by an extra contingent of personnel. When it's realized this will likely come to pass they'll try harder to get rid of you and settle your claim.
The vast majority of insurance adjusters dream of one day being promoted to a higher position within the company they work for. They're acutely aware of the fact if their personnel file has correspondence flowing into it from claimants they've handled(plus copies of the letters which have been sent to the insurance commissioner) and those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn't want a "Problem" claims employee spluttering, splashing and crashing about his office area causing headaches and extra work within the framework of that particular executive's command. The adjuster is fully aware that such complaints will keep him, out on the road forever,and will surely prevent him from moving up the corporate ladder.
OTHER CRUCIAL ISSUES THAT THE ADJUSTER IS AWARE OF
When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, is often vastly different from the stipulations found in the "Formal law". That is, legal theory, as it's written and allegedly supposed to work. What this means, simply stated, is: Adjusters can settle a case, whether their decision to do so is based on "The Law", or not.
In the real world of Personal Injury settlements a "Compromise" (one which often has little and often nothing to do with "The Law") is the order of the day. It's commonly accepted among those is the business (because that's what makes their work life so much easier) that in any given case there's almost always a likelihood of negligence on both sides, rather than just one. What this boils down to in practical terms, is this: Irregardless of the law practically no claim is without merit or totally lacking in value - - especially if the "Value" is simply to "get rid of it". QUESTION: "How does Dan Baldyga know this to be true?" ANSWER: "Because he was an Insurance Adjuster, Supervisor, Manager and then Trial Assistant for over 30 years. He's been there, and observed that."
Although it's never expressed to him "officially" every adjuster quickly learns, should your case go to trail, compromise will usually be the order of the day, even in cases of questionable liability . This fact alone gives him plenty of room to make a compromise settlement before your case ends up in his Defense Attorney's hands where such a move will usually take place anyways! Why will this come to pass? Because the costs of preparing for(and then proceeding into)a courtroom battle will skyrocket.
Being aware of this is always bubbling and boiling in the gray matter between every adjusters ears. If there's any question whatsoever (regarding who was at fault in the accident you were involved in) don't ever give up. Keep pounding away! When faced with a determined claimant who's willing to wait and haggle and refuses to go away, the chances are the adjuster will eventually make an offer.
This comes to pass because the adjuster(especially if your claim has some value) doesn't want it to end up as a complaint at the State Department Of Insurance. Plus he knows you'll be made, a settlement offer, somewhere down the line, anyway! So, better he settle it now, before the cost of defending it gets blown out of proportion, later.
In order to continue to look good (especially to those who watch their progress and the way they handle the outside pressure's that haunt every one of them)insurance adjusters - - who want to climb their corporate ladder to success - - must be very cagey individuals who must work hard to please those they work for. For you to understand this will most assuredly be to your financial advantage.
Copyright (c) 2003 by Daniel G. Baldyga. All Rights Reserved
DISCLAIMER: This insurance claim article, OUTSIDE PRESSURES ON THE TYPICAL INSURANCE ADJUSTER is to help people understand the motor vehicle accident claim process. Dan Baldyga makes no guarantee of any kind whatsoever, NOR does he purport to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL'S RESPONSIBILITY to obtain it.
Dan Baldyga's third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com. or http://www.caraccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
Insurance Claim: Collecting Your Lost Wages
A couple months ago you were toolin' on down the avenue, minding your own business, when out of nowhere, this fumbling, stumbling man by the name of Freddie Fuddle flew through a Stop Sign and plowed into you with a gigantic, rip-roaring, screeching broadside. You were wearing your seat belt but it was still a thundering crash that wrenched and whipped you around the inside of your motor vehicle something fierce!
Now, after a long recovery period, Fuddle's carrier, Granite Mountain Insurance is clamoring to close the case and they've assigned Claims Adjuster I. M. Strong, to handle your case. You and Strong are sitting at your kitchen table talking about your settlement dollars. It turns out he's got some hang-up's regarding your lost income. Well, here are some things you need to know:
Lost wages are one of the most important element's of your damages. Listen to me carefully when I say, "You should not think about the days you missed from work as Lost Time and Earnings. It's not Lost Time and Earnings - - it's Lost Earning Capacity"
You ask, "What's Lost Earning Capacity all about? I thought I could only collect for my Lost Income?" The answer to that is, "In many situations you can claim lost income EVEN IF YOU HAVEN'T LOST ONE SINGLE PENNY ". For example, this can happen when your salary is paid because you've elected to apply for the sick leave that's due you, or because of an Accident and Health Policy available for you to take advantage of, or some other such arrangement.
In most instances - - even if you were paid while out of work - - you should still get that money routinely identified as Lost Wages. Why? Because that's your Lost Earning Capacity. Your Lost Earning Capacity is what's called a Compensatory Damage. Don't let Strong swindle you out of that Compensatory Damage. Even if you've received an income, in some other way, you're still entitled to it. Strong will do everything he can to take advantage of you, especially when it comes to getting paid for your Lost Earning Capacity. During the course of every settlement negotiation he gets involved in, he'll try that tactic on for size, and it's mind-boggling how often he gets away with it.
The typical statement made at that point, by the unsuspecting claimant is, "Hey, I understand I'm to be paid for my lost wages."
Strong answers, "You collected $200.00 a week from your Accident and Health Policy didn't you?"
"Yeah, but my average weekly income last year was $275.00 a week."
"Okay", I. M. Strong flashes a well practiced, winning smile, that tells you he's a fair insurance claim adjuster, when in his black heart, he knows he isn't, "We'll pay you that $75.00 a week difference. Let's see, you were laid up and unable to work for 5 weeks. 5 times $75.00 is $375.00. Don't worry my friend, I'll see to it you're paid that $375.00."
"Wow!" you think, "that's terrific !." You're thrilled to death with this great turn of events.But what you don't know is that the $200.00 a week you've received from your Accident and Health Policy has absolutely nothing to do with your lost income.The bottom line is that Smart has just cheated you out of a thousand dollars! And, worse than that, the $275.00 a week income you lost (for a total of $1,375.00) would have (in a court of law) given your case $4,000.00 to $5,000.00 more value in settlement dollars.
DOCUMENTING LOST INCOME: Ask the company you work for to write a letter on their official stationary declaring your gross salary income and the days you lost from work.
GROSS PAY VS. NET PAY: You should collect the "gross" wage's you lost, not the "net".
TOTAL DISABILITY and/or PARTIAL DISABILITY: For every week of Total Disability (a fact which must be stated in your doctors Final Medical Report) you should use your gross weekly income - - even if you were paid! (For every week of Partial Disability your doctor states in that Final Medical Report, you have the right to claim a substantial percentage of your income, during that period, even if you didn't lose any).
Because the following five points give value to your claim be ready to talk with Smart about and, wherever possible, prove:
(1) If your work demands heavy labor and/or lifting. (2) If you lost any vacation time or sick leave. (3) If there was any possible loss of money you could have earned in the future - - either with your company or maybe other income you've got bubbling and boiling on the side. (4) If you had to forgo any bonuses. (5) If you lost an opportunity that would have led to a better job.
If any of the above five points are true than your claim is worth more money!
THE CRUCIAL MEDICAL REPORT: The Granite Mountain Insurance Company and Adjuster I. M. Strong know that the longer your recovery period, the greater your "pain and suffering", therefore the higher the settlement value of your bodily injury claim. Your Chiropractor or Attending Physician must also note this in his Final Medical Report. Tell him to state exactly how long it will be, before you can get back to routine activities like golf, hunting, fishing and/or rockin' and rollin' with your lady friends.
As long as you have problems keep right on going back to see your doctor, again and again, even if it drives the poor bugger nuts! Do this because the fact that your records show a visit to him, four, eight, or twelve weeks after the accident, proves your injury needed constant attention, therefore you were unable to work. Also because, when you visit your doctor and tell him there's no let-up of your pain, discomfort, stiffness or immobility - - those continuing problems must be written into the Medical Report he'll provide for you when you've finished treatment. That's the one you'll hand to Adjuster Smart when the two of you begin to talk turkey. As he reads it you'll watch him frown, then blanch as that cocky smile disappears from his face. When you see him do that you'll know, "ya got him"!
DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor Article City make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Badyga's latest book Auto Accident Personal Injury Insurance Claim (How To Evaluate And Settle Your Loss) can be found at http://www.autoaccidentclaims.com.
Now, after a long recovery period, Fuddle's carrier, Granite Mountain Insurance is clamoring to close the case and they've assigned Claims Adjuster I. M. Strong, to handle your case. You and Strong are sitting at your kitchen table talking about your settlement dollars. It turns out he's got some hang-up's regarding your lost income. Well, here are some things you need to know:
Lost wages are one of the most important element's of your damages. Listen to me carefully when I say, "You should not think about the days you missed from work as Lost Time and Earnings. It's not Lost Time and Earnings - - it's Lost Earning Capacity"
You ask, "What's Lost Earning Capacity all about? I thought I could only collect for my Lost Income?" The answer to that is, "In many situations you can claim lost income EVEN IF YOU HAVEN'T LOST ONE SINGLE PENNY ". For example, this can happen when your salary is paid because you've elected to apply for the sick leave that's due you, or because of an Accident and Health Policy available for you to take advantage of, or some other such arrangement.
In most instances - - even if you were paid while out of work - - you should still get that money routinely identified as Lost Wages. Why? Because that's your Lost Earning Capacity. Your Lost Earning Capacity is what's called a Compensatory Damage. Don't let Strong swindle you out of that Compensatory Damage. Even if you've received an income, in some other way, you're still entitled to it. Strong will do everything he can to take advantage of you, especially when it comes to getting paid for your Lost Earning Capacity. During the course of every settlement negotiation he gets involved in, he'll try that tactic on for size, and it's mind-boggling how often he gets away with it.
The typical statement made at that point, by the unsuspecting claimant is, "Hey, I understand I'm to be paid for my lost wages."
Strong answers, "You collected $200.00 a week from your Accident and Health Policy didn't you?"
"Yeah, but my average weekly income last year was $275.00 a week."
"Okay", I. M. Strong flashes a well practiced, winning smile, that tells you he's a fair insurance claim adjuster, when in his black heart, he knows he isn't, "We'll pay you that $75.00 a week difference. Let's see, you were laid up and unable to work for 5 weeks. 5 times $75.00 is $375.00. Don't worry my friend, I'll see to it you're paid that $375.00."
"Wow!" you think, "that's terrific !." You're thrilled to death with this great turn of events.But what you don't know is that the $200.00 a week you've received from your Accident and Health Policy has absolutely nothing to do with your lost income.The bottom line is that Smart has just cheated you out of a thousand dollars! And, worse than that, the $275.00 a week income you lost (for a total of $1,375.00) would have (in a court of law) given your case $4,000.00 to $5,000.00 more value in settlement dollars.
DOCUMENTING LOST INCOME: Ask the company you work for to write a letter on their official stationary declaring your gross salary income and the days you lost from work.
GROSS PAY VS. NET PAY: You should collect the "gross" wage's you lost, not the "net".
TOTAL DISABILITY and/or PARTIAL DISABILITY: For every week of Total Disability (a fact which must be stated in your doctors Final Medical Report) you should use your gross weekly income - - even if you were paid! (For every week of Partial Disability your doctor states in that Final Medical Report, you have the right to claim a substantial percentage of your income, during that period, even if you didn't lose any).
Because the following five points give value to your claim be ready to talk with Smart about and, wherever possible, prove:
(1) If your work demands heavy labor and/or lifting. (2) If you lost any vacation time or sick leave. (3) If there was any possible loss of money you could have earned in the future - - either with your company or maybe other income you've got bubbling and boiling on the side. (4) If you had to forgo any bonuses. (5) If you lost an opportunity that would have led to a better job.
If any of the above five points are true than your claim is worth more money!
THE CRUCIAL MEDICAL REPORT: The Granite Mountain Insurance Company and Adjuster I. M. Strong know that the longer your recovery period, the greater your "pain and suffering", therefore the higher the settlement value of your bodily injury claim. Your Chiropractor or Attending Physician must also note this in his Final Medical Report. Tell him to state exactly how long it will be, before you can get back to routine activities like golf, hunting, fishing and/or rockin' and rollin' with your lady friends.
As long as you have problems keep right on going back to see your doctor, again and again, even if it drives the poor bugger nuts! Do this because the fact that your records show a visit to him, four, eight, or twelve weeks after the accident, proves your injury needed constant attention, therefore you were unable to work. Also because, when you visit your doctor and tell him there's no let-up of your pain, discomfort, stiffness or immobility - - those continuing problems must be written into the Medical Report he'll provide for you when you've finished treatment. That's the one you'll hand to Adjuster Smart when the two of you begin to talk turkey. As he reads it you'll watch him frown, then blanch as that cocky smile disappears from his face. When you see him do that you'll know, "ya got him"!
DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor Article City make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Badyga's latest book Auto Accident Personal Injury Insurance Claim (How To Evaluate And Settle Your Loss) can be found at http://www.autoaccidentclaims.com.
Six Crucial Insurance Claim Possibilities
There are DOZENS of insurance claim possibilities which will increase the dollars awarded you in the settlement of your personal injury insurance claim. Some of them rarely see the light of day but some do. The six I've listed below are crucial for you to be aware of as you prepare to go to war with Adjuster Henry Hard-Nose regarding the value of your loss. They are:
(1) EMOTIONAL REACTIONS TO YOUR INJURY: When it comes to placing a dollar value on the "Emotional Reaction" of an injury one enters into an area where most individuals, even experienced claims adjuster's and Legal Beagles, are at a loss.
Four often ignored "Characteristic Symptoms" can be: Confusion, Anxiety, Depression and Denial. ("Denial", that is, regarding the seriousness of your injury and the constant pain you feel. This usually comes to pass when one refuses to complain anything is seriously wrong, convincing themselves it will work itself out).
If any of the above "Emotional Reactions" (which are a direct result of "Characteristic Symptoms") becomes a reality it would be wise for you to see a shrink. Maybe you won't immediately identify this as something you need to have checked out but the person you climb into bed with probably will. When she tells you you're not functioning (between your ears) all that well, listen up! If that's what you're told you should swallow hard and obtain an expert's opinion. You may consider yourself a muscular "Power To Be Reckoned With" but you're not Superman so, talk to a specialist, explain what's happening, and let it all hang out.
Once you've been discharged, get that specialist's written Medical Report and hand it to Hard-Nose, along with the medical bills for your treatment. Is that legit? The answer is absolutely, yes! Can he refuse to accept them and suggest they add no value to your claim? The answer is absolutely, no!
(2) EMOTIONAL DISTRESS: Emotional distress is legitimate "Pain and Suffering" and you should be compensated for it. For example, problems that may develop over the effects of an accident within the area of your work or business, or perhaps interfere with your sex life! Whatever it is that's causing you problems you should see a specialist. Keep going back to see him for as long as it takes to return to normal. At the end of his treatment, when he's finally discharged you, ask for and obtain his written report. Present that to Adjuster Henry Hard-Nose along with the specialist's bill for their services.
This is a legitimate expense and it positively gives your personal injury more value !
(3) SECURING COMPENSATION FOR LIFE DISRUPTIONS: If your injuries caused you to miss some special training you had arranged to take advantage of, you'll probably, at some point, want to make that time up. The difficulty you may experience in making up that missed time (or perhaps never again being able to obtain it) has the potential to increase the value of your settlement. To achieve this you must obtain written proof and present it to Adjuster Hard-Nose.
Also to be taken into consideration is a vacation you may have been unable to take, or some recreational event's in which you could not participate in and/or a missed special event, like a wedding or a reunion, etc. All of these, properly documented, add value to your claim because they are specific examples of the inconvenience and discomfort you've endured as a direct result of your injury.
(4) YOUR AGE: In the evaluation of an individuals "Pain and Suffering", age is always a factor because the older you are the longer the periods of Total or Partial Disability will be. This will affect the course of treatment plus the length of time of the "pain killers" you've been ordered to take. For example: Over age 50 disability is about 10% to 15% longer, over age 60 disability is about 20% to 30% longer, over 70 disability can be 35% to 45% longer and over 75 disability can often be 50% and longer.
(5) PRE-EXISTING MEDICAL PROBLEMS: Also pre-existing conditions are factor's that must be considered: For example: Arthritis, Sugar Diabetes, Pervious Injuries and/or Previous Operations that have left you with on-going problems, etc.
Whatever that pre-existing situation may be you should look to your attending physician for advice. Don't avoid discussing this with him. If any doubt exists you should insist your doctor refer you to a specialist for consultation. If your physician is legit he'll agree. If he doesn't than kiss that goodie-two-shoes "goodbye" and go dig up a specialist on your own. It's your body and there's only one to a customer!
(6) ONE THING YOU SHOULD NEVER FORGET IS THAT THE VISIBLE DAMAGES TO YOUR MOTOR VEHICLE CAN VERY OFTEN PROFOUNDLY AFFECT THE AMOUNT OF MONEY YOU'RE EVENTUALLY PAID.
If your vehicle was badly smashed, that goes a long way proving that your injuries were sever and therefore painful. You must snap photographs of your motor vehicle. Shoot a couple rolls of colored and also black and white (black and white because in some instances colored photographs cannot be entered as evidence in a court of law).Take them from different angles and various distances. Like for example, 30 feet away, then 15, then right up close.
Make two sets. One for you and one for Hard-Nose. Blow them up into 8X10 glossies and present them to him. Both the size of your repair bill and those photographs will go a long way towards proving two important points: First, that you know what you're doing and second, that the injuries you received from that god-awful impact (and the long period of pain, suffering and discomfort you've had to deal with) - - if and when viewed by a judge or jury - - are proof positive of what your injury caused your body to endure.
DISCLAIMER: The only purpose of this article SIX CRUCIAL INSURANCE CLAIM POSSIBILITIES, is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga's third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com . This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
(1) EMOTIONAL REACTIONS TO YOUR INJURY: When it comes to placing a dollar value on the "Emotional Reaction" of an injury one enters into an area where most individuals, even experienced claims adjuster's and Legal Beagles, are at a loss.
Four often ignored "Characteristic Symptoms" can be: Confusion, Anxiety, Depression and Denial. ("Denial", that is, regarding the seriousness of your injury and the constant pain you feel. This usually comes to pass when one refuses to complain anything is seriously wrong, convincing themselves it will work itself out).
If any of the above "Emotional Reactions" (which are a direct result of "Characteristic Symptoms") becomes a reality it would be wise for you to see a shrink. Maybe you won't immediately identify this as something you need to have checked out but the person you climb into bed with probably will. When she tells you you're not functioning (between your ears) all that well, listen up! If that's what you're told you should swallow hard and obtain an expert's opinion. You may consider yourself a muscular "Power To Be Reckoned With" but you're not Superman so, talk to a specialist, explain what's happening, and let it all hang out.
Once you've been discharged, get that specialist's written Medical Report and hand it to Hard-Nose, along with the medical bills for your treatment. Is that legit? The answer is absolutely, yes! Can he refuse to accept them and suggest they add no value to your claim? The answer is absolutely, no!
(2) EMOTIONAL DISTRESS: Emotional distress is legitimate "Pain and Suffering" and you should be compensated for it. For example, problems that may develop over the effects of an accident within the area of your work or business, or perhaps interfere with your sex life! Whatever it is that's causing you problems you should see a specialist. Keep going back to see him for as long as it takes to return to normal. At the end of his treatment, when he's finally discharged you, ask for and obtain his written report. Present that to Adjuster Henry Hard-Nose along with the specialist's bill for their services.
This is a legitimate expense and it positively gives your personal injury more value !
(3) SECURING COMPENSATION FOR LIFE DISRUPTIONS: If your injuries caused you to miss some special training you had arranged to take advantage of, you'll probably, at some point, want to make that time up. The difficulty you may experience in making up that missed time (or perhaps never again being able to obtain it) has the potential to increase the value of your settlement. To achieve this you must obtain written proof and present it to Adjuster Hard-Nose.
Also to be taken into consideration is a vacation you may have been unable to take, or some recreational event's in which you could not participate in and/or a missed special event, like a wedding or a reunion, etc. All of these, properly documented, add value to your claim because they are specific examples of the inconvenience and discomfort you've endured as a direct result of your injury.
(4) YOUR AGE: In the evaluation of an individuals "Pain and Suffering", age is always a factor because the older you are the longer the periods of Total or Partial Disability will be. This will affect the course of treatment plus the length of time of the "pain killers" you've been ordered to take. For example: Over age 50 disability is about 10% to 15% longer, over age 60 disability is about 20% to 30% longer, over 70 disability can be 35% to 45% longer and over 75 disability can often be 50% and longer.
(5) PRE-EXISTING MEDICAL PROBLEMS: Also pre-existing conditions are factor's that must be considered: For example: Arthritis, Sugar Diabetes, Pervious Injuries and/or Previous Operations that have left you with on-going problems, etc.
Whatever that pre-existing situation may be you should look to your attending physician for advice. Don't avoid discussing this with him. If any doubt exists you should insist your doctor refer you to a specialist for consultation. If your physician is legit he'll agree. If he doesn't than kiss that goodie-two-shoes "goodbye" and go dig up a specialist on your own. It's your body and there's only one to a customer!
(6) ONE THING YOU SHOULD NEVER FORGET IS THAT THE VISIBLE DAMAGES TO YOUR MOTOR VEHICLE CAN VERY OFTEN PROFOUNDLY AFFECT THE AMOUNT OF MONEY YOU'RE EVENTUALLY PAID.
If your vehicle was badly smashed, that goes a long way proving that your injuries were sever and therefore painful. You must snap photographs of your motor vehicle. Shoot a couple rolls of colored and also black and white (black and white because in some instances colored photographs cannot be entered as evidence in a court of law).Take them from different angles and various distances. Like for example, 30 feet away, then 15, then right up close.
Make two sets. One for you and one for Hard-Nose. Blow them up into 8X10 glossies and present them to him. Both the size of your repair bill and those photographs will go a long way towards proving two important points: First, that you know what you're doing and second, that the injuries you received from that god-awful impact (and the long period of pain, suffering and discomfort you've had to deal with) - - if and when viewed by a judge or jury - - are proof positive of what your injury caused your body to endure.
DISCLAIMER: The only purpose of this article SIX CRUCIAL INSURANCE CLAIM POSSIBILITIES, is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga's third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.autoaccidentclaims.com . This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
Accident Factoids
Accidents, personal injuries and insurance claims are here to stay. No matter how far into the 21st Century American's elect to drive (unless by the beginning of the 22nd Century we're all zipping around in our own personal space ship) motor vehicle accidents will continue to pile up; with no end in sight!
DISCLAIMER: The only purpose of this article, MOTOR VEHICLE ACCIDENT FACTOIDS has been created to help people understand the motor vehicle accident claim process
Dan Baldyga makes no guarantee of any kind whatsoever; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga worked for over 30 years as an insurance adjuster, supervisor, manager and trial assistant. Since his retirement he has written 3 highly successful "How To" Insurance Claim books. His latest: AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which includes BASE, The Baldyga Auto Accident Settlement Evaluation Formula for determining the value of ones "Pain And Suffering", can be found on the internet at http://www.autoaccidentclaims.com.
- There are more than 200,000,000 licensed drivers in the United States. (As of 2003 we're close to a yearly 7 million motor vehicle accidents, involving well over 3.5 million injuries).
- Car accident crashes cost society an estimated $4,900 per second. That's about $25,000 in the time it took to read this fact.
- Current records show that most American driver's will have a near motor vehicle accident 1 to 3 times per month and will be in a collision of some type on the average of every 5 to 8 years plus these records also indicate that licensed teenagers are 22 more times likely to get a speeding ticket than those who are 65 years of age or older.
- In 1896 there were only four cars registered in all the United States. Two of them collided with each other in St. Louis.
- By the year 2025 there will be 33 million people 70 years or older in America. This segment of the population will be growing 2.5 as fast as the total population. They will make up the largest percentage of the "turning left" and "rear end" accidents. Slowly but surely Senior Citizens have developed a higher accident ratio than teenagers. (This will, in time, seriously impact the typical Senior Citizen's pocketbook). And also, by 2025, the total costs for motor vehicle accidents in the United States will exceed 450 billion dollars.
- The world's most solitary tree is located at an oasis in the Tenere Desert in Central Africa. There's not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.
- Up-to-date statistics clearly reflect that 1 out of every 5 Americans are involved in an alcohol-related car crash at some time in their lives and the day in which motor vehicle accident injuries occur most often is Saturday. Sunday is second.
- Records prove that a motor vehicle accident of as little speed as 5 MPH can produce a "whiplash-type" injury.
- The symptoms arising from an injury sustained in a motor vehicle accident do not necessarily present themselves immediately following an accident.
- Medical research and clinical experience have accumulated enough information to demonstrate that the delay of an injury symptom is the norm.
- Studies have established that the delay of a symptom does not eliminate the possibility of severe injury.
- It's been proven that individuals can continue to be symptomatic for many months (even years!) after a motor vehicle accident. In addition approximately 75% of them remain symptomatic for a minimum of 6 months after the accident. (And current up-to-date statistics reveal that between the first and second year after an accident has occurred over 20% of those injured actually have their symptoms worsen).
DISCLAIMER: The only purpose of this article, MOTOR VEHICLE ACCIDENT FACTOIDS has been created to help people understand the motor vehicle accident claim process
Dan Baldyga makes no guarantee of any kind whatsoever; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga worked for over 30 years as an insurance adjuster, supervisor, manager and trial assistant. Since his retirement he has written 3 highly successful "How To" Insurance Claim books. His latest: AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which includes BASE, The Baldyga Auto Accident Settlement Evaluation Formula for determining the value of ones "Pain And Suffering", can be found on the internet at http://www.autoaccidentclaims.com.
How To Negotiate A Settlement With An Insurance Claims Adjuster
You and I. M. Strong, the adjuster from Granite Mountain Insurance, are sitting at your kitchen table in an attempt to settle your motor vehicle accident claim.
Strong is all wound up and on the offensive, rambling on and on about how your injuries weren't serious. His typical pitch usually goes something like, "Look, I've been at this a long time. I've talked to people like you, day in and day out, for over twenty years. People who've gone through exactly what happened to you, with the same sort of claim as yours. Sure, you had a period of discomfort but your so-called injuries were routine. Believe me when I tell you they aren't worth much."
You're stunned. You can't believe what Strong is trying to pull. You say, "I've been miserable! There was no way I could get back to work because of the pain in my neck and back."
Strong shift's in his seat and a victorious look (one that says he knows it all) begins to march across his face. At that point he predictably states, "Look, I can tell you, after handling thousands of cases like yours, that the discomfort you may have had, for a couple of days at the most, are relatively minor. They don't even come close to justifying the three week's of work you lost and the disability you and your doctor are claiming".
Now you're thunderstruck! He smiles to himself and comes at you from another angle, "I've seen thousands of cases like yours and I've had more than my share of exposure to personal injury claims, examinations, doctor-talk and recovery - - the whole nine yards. I've seen physical trauma at its slightest and its worst. Any judge or jury would know, once they heard about your so-called 'injuries' that your physical problems were almost non-existent".
He'll take a minute to let that sink in and then he'll attempt to sway you even more by telling you he can prove your time lost from work was not compatible with the injury involved. He'll hint around about some "independent information" he's supposedly gathered from your neighbors and/or business associates, which indicate you've been involved in "very active" physical activities since the accident.
Once he lets that one sink in he'll ramble on about the "independent examination" the doctor hired by Granite Mountain executed, telling you, with outrageous confidence, that his doctors Medical Report states there was little, if anything, wrong with you. Then he'll surely try this one on for size: "My doctor is a professional .The only people he ever sees are those who've been in motor vehicle accidents. That's what he does all day long, check out personal injury claims like yours. His report clearly states your physical problems were almost non-existent".
He hums a happy tune to himself as he observes the amazement marching across your face and that drum beat he's heard so very often begins to pound away within the gray matter between his ears: Boom/Boom/Boom, declaring, "I gotcha!, I gotcha!, I gotcha!, I gotcha!"
If you let Strong get away with that than his attempt at downgrading your disability will have been successful. As a way of "proving" what happened to you wasn't serious he'll describe your "so-called injuries" with fancy medical language and then compare them to the more extreme types of personal injury problems or conditions he's dealt with in the past. The implication being yours were obviously minor and have little, if any, value.
At that point he'll read the statements and opinions in your own attending physicians Medical Report in such a way which, if not read properly, he'll insist proves, "You may have been a little sore from a slight injury but it clearly states you certainly didn't have any serious physical problems". (You can bet every dollar in your wallet that he's made that statement several thousand times)!
You're quickly discovering that neither Adjuster I. M. Strong nor his supervisors at Granite Mountain Insurance are going to be fair. They're out to take advantage of you. That's the name of their game and that's what they get paid to do. Question: Is that really true? Answer: Yes, it's really true. Take it from Dan, I was on that firing line for 30 years!
From that point on you shut down. You be the listener. Let him babble on. When he's finally done, you say, "Your points about my injuries are very interesting. I'd like to discuss them in detail with my doctor". Pause and then add, "We'll call this off for now while I go back and consult with him."
Before he answers you should get up, smile, point towards the kitchen door and bid him "Goodbye". If he balks, sneak a peek at your watch, tell him you're late for another appointment and insist your meeting is over. He'll have no choice but to leave.
If you do that here's what you'll have accomplished:
(1) You'll have seized the bargaining "momentum" and control from the adjuster and, if you remain adamant he'll never get them back.
(2) Served notice on him that it's you, not he, who will now call the shots in the negotiation "Power Game" he's been playing.
(3) Impressed the adjuster that the settlement will be done on your terms, not his.
You may ask: Okay, I threw the adjuster out and let him politely but surely know I'm not going to buy into his nonsense. So, when this all gets played out, what have I accomplished?
The answer is: I. M. Strong is aware you've not bought into his pitch and in his secret heart he perceives that reality. For those in the home office (so as to know exactly where they stand) his instructions have always been that everything that passed between the two of you is placed into the report's he continues to send in, regarding the settlement talk's he's been having with you. So, the fact that you're not buying his story, will go into your file to be read by that adjusters superiors.
Once they do they'll have no choice but to conclude that you're no pushover!
You're going to stick to your guns because you're right and the Medical Report your attending physician executed for Adjuster Smart is legit. You know that both your "pain and suffering" and the length of recovery from your injuries, has been clearly stated.
Smart has correctly assumed that you're not accepting his usual pitch, filled with mumbo-jumbo nonsense, yet so often works. It's beginning to dawn on him if he doesn't change his tactics you're going to hand you case over to an attorney and his superiors at Granite Mountain won't be dancing for joy should that come to pass.
Wait five or six weeks then call Smart and ask him to come back to talk some more. I flat out guarantee you the next time you meet the power will have shifted into your corner and you'll never again hear him attempt to minimize your injuries. That often comes to pass because he's received this typical six word, one line memo, from his supervisor at the home office, "Settle this one and move on".
Granite Mountain will have reached the point where they're satisfied to pay and get rid of you. Why? Because personal injury claims continue to pile up and clog their incoming pipeline. They've got a lot of other unsuspecting prey to trap and shoot and it's clear you're an individual who's too wise, too tough and too difficult for them to fuss with any longer.
DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor (name of magazine/newsletter and/or web site) make any guarantee of any kind whosoever; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Strong is all wound up and on the offensive, rambling on and on about how your injuries weren't serious. His typical pitch usually goes something like, "Look, I've been at this a long time. I've talked to people like you, day in and day out, for over twenty years. People who've gone through exactly what happened to you, with the same sort of claim as yours. Sure, you had a period of discomfort but your so-called injuries were routine. Believe me when I tell you they aren't worth much."
You're stunned. You can't believe what Strong is trying to pull. You say, "I've been miserable! There was no way I could get back to work because of the pain in my neck and back."
Strong shift's in his seat and a victorious look (one that says he knows it all) begins to march across his face. At that point he predictably states, "Look, I can tell you, after handling thousands of cases like yours, that the discomfort you may have had, for a couple of days at the most, are relatively minor. They don't even come close to justifying the three week's of work you lost and the disability you and your doctor are claiming".
Now you're thunderstruck! He smiles to himself and comes at you from another angle, "I've seen thousands of cases like yours and I've had more than my share of exposure to personal injury claims, examinations, doctor-talk and recovery - - the whole nine yards. I've seen physical trauma at its slightest and its worst. Any judge or jury would know, once they heard about your so-called 'injuries' that your physical problems were almost non-existent".
He'll take a minute to let that sink in and then he'll attempt to sway you even more by telling you he can prove your time lost from work was not compatible with the injury involved. He'll hint around about some "independent information" he's supposedly gathered from your neighbors and/or business associates, which indicate you've been involved in "very active" physical activities since the accident.
Once he lets that one sink in he'll ramble on about the "independent examination" the doctor hired by Granite Mountain executed, telling you, with outrageous confidence, that his doctors Medical Report states there was little, if anything, wrong with you. Then he'll surely try this one on for size: "My doctor is a professional .The only people he ever sees are those who've been in motor vehicle accidents. That's what he does all day long, check out personal injury claims like yours. His report clearly states your physical problems were almost non-existent".
He hums a happy tune to himself as he observes the amazement marching across your face and that drum beat he's heard so very often begins to pound away within the gray matter between his ears: Boom/Boom/Boom, declaring, "I gotcha!, I gotcha!, I gotcha!, I gotcha!"
If you let Strong get away with that than his attempt at downgrading your disability will have been successful. As a way of "proving" what happened to you wasn't serious he'll describe your "so-called injuries" with fancy medical language and then compare them to the more extreme types of personal injury problems or conditions he's dealt with in the past. The implication being yours were obviously minor and have little, if any, value.
At that point he'll read the statements and opinions in your own attending physicians Medical Report in such a way which, if not read properly, he'll insist proves, "You may have been a little sore from a slight injury but it clearly states you certainly didn't have any serious physical problems". (You can bet every dollar in your wallet that he's made that statement several thousand times)!
You're quickly discovering that neither Adjuster I. M. Strong nor his supervisors at Granite Mountain Insurance are going to be fair. They're out to take advantage of you. That's the name of their game and that's what they get paid to do. Question: Is that really true? Answer: Yes, it's really true. Take it from Dan, I was on that firing line for 30 years!
From that point on you shut down. You be the listener. Let him babble on. When he's finally done, you say, "Your points about my injuries are very interesting. I'd like to discuss them in detail with my doctor". Pause and then add, "We'll call this off for now while I go back and consult with him."
Before he answers you should get up, smile, point towards the kitchen door and bid him "Goodbye". If he balks, sneak a peek at your watch, tell him you're late for another appointment and insist your meeting is over. He'll have no choice but to leave.
If you do that here's what you'll have accomplished:
(1) You'll have seized the bargaining "momentum" and control from the adjuster and, if you remain adamant he'll never get them back.
(2) Served notice on him that it's you, not he, who will now call the shots in the negotiation "Power Game" he's been playing.
(3) Impressed the adjuster that the settlement will be done on your terms, not his.
You may ask: Okay, I threw the adjuster out and let him politely but surely know I'm not going to buy into his nonsense. So, when this all gets played out, what have I accomplished?
The answer is: I. M. Strong is aware you've not bought into his pitch and in his secret heart he perceives that reality. For those in the home office (so as to know exactly where they stand) his instructions have always been that everything that passed between the two of you is placed into the report's he continues to send in, regarding the settlement talk's he's been having with you. So, the fact that you're not buying his story, will go into your file to be read by that adjusters superiors.
Once they do they'll have no choice but to conclude that you're no pushover!
You're going to stick to your guns because you're right and the Medical Report your attending physician executed for Adjuster Smart is legit. You know that both your "pain and suffering" and the length of recovery from your injuries, has been clearly stated.
Smart has correctly assumed that you're not accepting his usual pitch, filled with mumbo-jumbo nonsense, yet so often works. It's beginning to dawn on him if he doesn't change his tactics you're going to hand you case over to an attorney and his superiors at Granite Mountain won't be dancing for joy should that come to pass.
Wait five or six weeks then call Smart and ask him to come back to talk some more. I flat out guarantee you the next time you meet the power will have shifted into your corner and you'll never again hear him attempt to minimize your injuries. That often comes to pass because he's received this typical six word, one line memo, from his supervisor at the home office, "Settle this one and move on".
Granite Mountain will have reached the point where they're satisfied to pay and get rid of you. Why? Because personal injury claims continue to pile up and clog their incoming pipeline. They've got a lot of other unsuspecting prey to trap and shoot and it's clear you're an individual who's too wise, too tough and too difficult for them to fuss with any longer.
DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor (name of magazine/newsletter and/or web site) make any guarantee of any kind whosoever; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
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