Did you know that the day you were injured you entered a war zone with the insurance industry? Over the past 30 years, the insurance industry has spent billions of dollars on advertising to spread false and misleading information about accident claims. The industry wants people to believe that the justice system is out of control and that people who file lawsuits are getting millions of dollars for minor injuries. Such propaganda has created the perception among the public that the tort system is broken. Even President Bush regularly argued that there were too many "frivolous lawsuits". Unfortunately, this misinformation campaign has had its desired effect upon people who are called for jury duty. Too many jurors today are highly skeptical of people who file lawsuits claiming money for pain and suffering. They have bought the myths created by the insurance industry. This can be a huge obstacle to achieving justice in your case, even when injuries are severe and negligence has been proven. Lawyers who handle these cases have learned over the past years that it is much more difficult to achieve justice for their clients.



You need to be aware that the insurance claims adjuster has one goal in dealing with your injury claim, settle it for as little money as possible. Adjusters receive extensive training on how to save the company money. There are evaluated on that basis and promoted on that basis. Here are some of the things they do in order to minimize what they will pay on your claim.

First: deny liability

One of the first steps every insurance company undertakes in evaluating any claim is whether they can deny liability. They immediately look for any argument they're insured was not at fault, the injured party was entirely at fault or they are not otherwise legally responsible, as when they're insured's auto was loaned to an unlicensed driver or their policy has lapsed. Many policies actually exclude certain people as authorized drivers.

Second, get the injured party to give a recorded statement

Insurance adjusters are trained to get a recorded statement of the victim after a car crash. They call at the earliest opportunity and try to put them at ease. Their goal is to obtain harmful admissions about how the accident occurred, or to minimize the victim's injury complaints and need for medical care. Lawyers see the harmful effects of such recorded statements. For instance, it is not uncommon for someone injured in an accident to downplay the significance and force of the impact, or to simply agree with the adjusters misstatement of how the accident really occurred. In addition, they may not feel the need for medical attention for several days. All too often, the adjuster is able to obtain a recorded statement in which the person says they feel good and don't need to see a doctor. When their condition worsens, requiring extensive medical treatment, they are left to later explain why they made such an earlier admission, making it appear they've changed their story.

Third: obtaining a signed medical authorization

The adjuster would love to have the injured party sign a general, unrestricted medical authorization giving the insurance company the ability to request medical records from any medical provider they have ever seen. It gives the adjuster the advantage of having the information from treating and other physicians before the victim's lawyer has received those records. While we do not play hide the ball with medical records given to adjuster, we certainly need to know what records they have in their possession. Additionally, the adjuster has no reason to have any medical records unless, and until, a claim is actually made seeking compensation for injuries received in the accident. At the appropriate time, once a claim is made, all relevant medical records will be delivered to them. There is no reason for the insurance adjuster to have them before a claim is made.

Fourth: quick settlement in release

A very common insurance tactic is to contact the victim quickly after an accident and offer a small amount of money to settle any potential claim. This is done before they have ever visited a doctor or realized their need for medical attention. Many serious injuries are not always apparent immediately after an accident. It is not uncommon for people to wait days or weeks before realizing they need treatment. Insurance adjusters are well-trained and understand this fact. Some companies aggressively pursue people injured in an in a car accident, offering them $500, $1000, or $1500 to settle their case on the spot. The condition, of course, is giving the adjuster a signed release of all claims. A release is a legally binding document written by the insurance company to serve as a complete bar against any further recovery, even if the person's condition turns out to be far worse than they realized at the time the release was signed. Accepting a small amount of compensation when no injury has occurred is one thing. Excepting a small amount of compensation, which turns out to bar recovery for a much more serious injury, is totally different. Insurance companies well know that paying a few people a little bit of money, when they have little or no injury, is much cheaper than paying them a great deal of money later after the full extent of their injury is known.

Fifth: convincing the accident victim the adjuster will be fair to them and a lawyer will only cost them money

Lawyers regularly deal with clients who have been contacted by adjusters who have assured them that are their claim will be fairly evaluated. Injured victims are actually told not to contact a lawyer. Adjusters do this for one purpose, to save money. They understand claims settle for larger amounts to clients represented by lawyers. The job of an adjuster is to minimize the amount they pay in settlement of any claim. They also know the injured party has never attempted to place a value on any injury, has no experience negotiating, nor do they have any knowledge of verdicts juries award for similar injuries. Dealing with the adjuster without the assistance of a lawyer is not a level playing field and they know it.

Sixth: surveillance It must be assumed anyone with any significant injury in a car crash will be under surveillance.

Adjusters hire investigators to photograph and videotape accident victims bending over to pick up the newspaper, walking the dog, working in the yard, shopping, going to the gym or to the store. They are looking for evidence of any activity which "appears" to be inconsistent with any physical limitations claimed to have occurred from the accident. Often at trial, they will attempt to introduce a videotape of the victim simply carrying on their daily routine without any apparent difficulty. When asked about the effect of their injury, many accident victims, unaware that they been under surveillance, are not careful in describing their actual limitations, making statements that may conflict with what surveillance appears to show.

These are just a few of the tactics that the insurance industry uses. The effort of the industry has resulted in a national call for "tort reform". Political parties even use it as part of their platform. In too many instances the success of the tort reform movement has emboldened the insurance industry to withhold fair settlements. Any lawyer you select must be familiar with these issues and ready to confront them aggressively on your behalf.