|
This
is a question clients often ask. No one wants to come out
with less in their pocket when the case is over just because
they hired an attorney. Obviously if your case needs to be
filed in court, having an experienced attorney is a must.
But many people, particularly those with minor injures, do
handle their own claims without an attorney.
If
your injury healed up in a couple of doctor visits, you may
want to attempt tackling the insurance company on your own.
However, keep in mind you'll be in an adversarial relationship
where confrontation is likely. You'll be interacting with
a professional who knows all the ins and outs of claims handling.
You should also remember the steps you take or the steps you
let the insurance company take may deal fatal blows to your
case. You may unknowingly damage your claim so bad, an attorney
might not be able to fix it later.
Having
an experienced attorney can certainly increase the value of
your claim. Study after study has born this out.*
So,
do I need an attorney? If you have experience in claims handling,
a working knowledge of tort law and the resources to handle
a confrontational relationship with an insurance adjuster,
you might be able to do just as well on your own. This is
particularly true in smaller claims. However, if you don't,
or if your injury is serious, you are almost always better
off with an attorney.
* 1995 Allstate Training Manual. ….in settlements under
$15,000, claimants with an attorney averaged $7,450, those
dealing with Allstate on their own averaged $3,464. (This
internal Allstate document revealed claimants with attorneys
recovered 2 to 3 times more than unrepresented claimants.)
*
Rand Institute study found that auto accident victims who
hire attorneys receive about 25% more money than auto accident
victims who do not hire attorneys - even after deducting all
costs.
Return
to questions
|
 |
Often
an insurance adjuster will contact you right after an accident.
They may appear very friendly and sometimes even send you
a written "Customer Service Pledge", in an attempt
to convince you your case will be handled fairly and paid
at full value when settled. But beware, in order to interact
successfully with an insurance company, you must become a
fully informed consumer.
First,
keep in mind, an insurance company is a business. Their whole
purpose, like that of any other business, is to make a profit.
The way you make a profit as an insurance company is to take
in more than you pay out.
Second,
keep in mind, insurance companiy's are usually very large corporations
with highly trained personnel. Their people know the fine
details of the law and know what steps they can take to defeat
or minimize the value of your claim. Although some companines
do treat people fairly, it is important to remember their
only legal obligation is to protect their customer, not you.
It is their job to take whatever measures they can to defend
against your claim or to make it have as little value as possible.
The
questions below can be an important barometer of whether or
not the insurance company contacting you intends to deal with
you fairly. If the company balks at giving information which
would put you on an equal footing with them, or refuses to
give information which you are entitled to by law, this is
an important red flag. Unless you have experience in claims
handling, a working knowledge of tort law and the resources
to handle a confrontational relationship with an insurance
adjuster, now is the time to get help.
1.
"Will you admit fault for the accident?"
This is an important first question. Most accidents are clearly
the fault of one party or the other. Unless your case is questionable,
the insurance company should step up and admit fault at the
outset, just as you would do if it were your fault. If they
won't, this is an important red flag you may have more problems
later. Ask for it in writing.
2.
"How much insurance coverage does your driver carry?"
You are entitled to this information under both Oregon and
Washington Rules of Court. ORCP 36 B(2), WCR 26 b(2). In fact,
if a suit were filed, you would be entitled to a complete
copy of their policy. If this information isn't forthcoming,
you may have a problem later. Once again, get it in writing.
3.
If you let the insurance adjuster record your version of the
accident, ask for a copy of the recording they took from their
driver.
They
have both versions, why shouldn't you? If they refuse, this
is a real red flag they intend to monopolize the information
in the case, usually to your detriment later.
4.
"Will you pay for my car to be repaired to manufacturer's
specifications, without used or after market parts?"
After
market parts can lower your car's value and make it unsafe
on the road. Insurance company's save millions of dollars
working with body shops that agree to use after market parts.
Make sure your car isn't repaired that way and of course,
once again, get it in writing.
5. "Will you pay for my medical
bills and lost wages as they are incurred?"
Many companies do so when the blame for the collision rests
clearly with their driver. If they won't, this can be an important
red flag they intend to dispute these items later.
6. "Do you mind if I consult
a lawyer?"
If they do, or try to convince you not to, another important
red flag is raised. Insurance adjusters are trained to keep
you away from a lawyer if they can. Why? Because knowledge
is power in this relationship. If you get professional help,
they lose the ability to control the information on the claim.
They may tell you getting a lawyer will only mean you'll lose
1/3 of your settlement to the attorney as they pay the same
settlement whether you get a lawyer or not. Nothing could
be a bigger myth. The proof is right from the insurance companies.
Allstate Insurance documents show that consumers with attorneys
filing clams against Allstate received 2 to 3 times more in
awards than those dealing with Allstate on their own. (Taken
from Allstate Insurance Company, Unrepresented Segment Training
Manual, July 1995) This is a big red flag. If an adjuster
appears unhappy about your desire to consult a lawyer, you
probably need one.
Return
to questions
|
| |
This
can be a tough one. There is no industry formula of three
times your medical bills. Although most cases never go to
court, your case is worth what a jury of 12 people would find
fair in compensation for what you've lost. The law allows
you to ask for payment of your medical bills, lost wages and
any property damage. You are also entitled to be reimbursed
for things sometimes hard to value. Scarring, disfigurement,
mental anguish, disability and the toll the injury has taken
on your lifestyle must be considered. Every case, like every
person, is different. If you have anything other that a minor
injury, seek legal advice from an attorney who is an expert
in this area. Ask how many cases like yours they've handled.
Don't rely on the other driver's insurance adjuster to give
you legal advice. A lawyer can explain your rights, answer
your questions and tell you the cost and time it takes if
your case can't be resolved through negotiation. Most lawyers
will do this first interview for free. An experienced attorney
can also tell you what cases like yours are bringing in the
courts.
Return
to questions
|
United
States Supreme Court