7 Things the Insurance Co’s Don’t Want You To Know
There is a great deal to know, but, it is our hope that this “Special Report” will help you to begin to understand how the process works.
1. Insurance companies, even your own, are out to save money by paying you as little as possible. Yes, it sounds crazy, people are hurt and then it is possible for the injured person to be treated unfairly by an insurance company, even their own. Why and how would they do this? They will probably want to take your recorded statement, ask you all kinds of personal questions such as your social security number (private, right?). Why? There are many reasons, mostly to pin your story down in the event things change and perhaps you were not thinking things through when you give/gave the recorded statement. Does the statement help you? Usually, “NO!” The insurance companies may try to use it against the injured person (for example, to show that somehow their story has changed implying you are lying). They may even try to discourage you from even hiring a lawyer and will not tell you what you are legally entitled to recover (such as pain and suffering, loss of work, and disfigurement).
2. In almost all personal injury cases, not worker’s compensation, an individual gets just one bodily injury settlement at the very end of the claim/case. Sounds crazy. Some people can not work, or perhaps do not have health insurance, but, people are supposed to somehow get by, receive medical care, maintain their lifestyle, support one’s family, and then collect the money he/she has lost much later. What happens if your bills are due, such as rent, electricity, car payments, and now, healthcare expenses? What if you cannot afford to take time off from work? What if you now do not have a vehicle to take you to work? What if you do not have health insurance? Can you get access to quality healthcare without insurance? There are not “magic answers” to each of these and other problems, but there is a smart way to “respond,” instead of “reacting.” For example, what if you feel well today and then need future medical care.
We do have a legal obligation to inform you that the legal time limits to bring a bodily injury claim are generally two years from the date of the accident in California. However, the time limits may be shorter for many reasons, such if a government employee/entity is involved or if the responsible party passes away. Each case is different.
3. What “appears to be the truth” is often more important is actually “the truth.” You might be saying, “what.” For example, the injured person must prove their case, which in the law is called “the burden of proof.” Meaning, just because someone hit you and admits fault, the injured person has to prove with some reasonable medical and legal certainty that the accident is the cause of the injuries. In this regard, pictures are very good of the injured areas and of any property or other damages.
4. Insurance companies want your cooperation, but, usually will not do the same for you. For example, as stated above, they want to take your statement and ask you all kinds of personal questions. Try asking them if they will agree in writing if they will give you the responsible party and/or their insured’s statement in exchange for your cooperation. 99.9% of the time, in our experience, if they are at fault, the answer is “no.”
5. Many times a computer will determine how much your claim is worth. This is not universally true, the claims adjuster will usually deny it, claiming their computer is a “tool.” But, many insurance companies are “married” to a computer program called “Colossus.” You might ask them about this program and if they will send you some literature about it.
6. All doctors and health insurance companies are the same. Wish it were true, but, it is not. For example, today, we have HMOs (Health Maintenance Organizations, such as Kaiser), who, you guessed it, usually require approval for everything and are out to save money at your time and expense. Then, there are some healthcare providers who are “treatment oriented,” for example, will treat what is wrong with you, but, do not want to be involved in with any accident insurance claims process on your behalf. Remember, as discussed above, as you bear the legal burden of proof, it sure is helpful if you doctor and perhaps other’s help show that the accident is the legal cause of your problems. Insurance companies usually will not tell you that you can get paid for re-injuring the same part of your body that has been hurt before. This is referred to as an “aggravation of a pre-existing condition,” meaning, that the accident may have made your previous condition worse.
7. A good attorney/law firm can make the world of difference. You might say “why.” Here are some reasons:
(1) Most people are terrible at representing themselves, they say and do the wrong things. And, guess what, often, the insurance companies are listening, watching, and usually writing down everything that will help the insurance company, not you.
(2) For most people that are terribly injured, the question is not will he/she hire an attorney, it is whether or not that person will hire a “good law firm/attorney” as opposed to just an “attorney.” In our firm, we have excellent experienced attorneys and large support staff (with many people that speak both Spanish and English, fluently). For example, the senior attorney is an experienced Former Insurance Company Attorney who has insider knowledge about how insurance companies work. In our firm, the attorneys went to top law schools and all do just one thing, accidents. That is right, if our law firm was a restaurant, we have just one thing on the menu, “accidents,” meaning, we specialize and only handle accidents.
(3) We would be glad speak with you over the phone or send someone to you for a no pressure/free consultation. We are pleased to give references and are proud to tell you we have been practicing since 1992 with a large dedicated staff.
(4) We have two goals for people, first, for him/her to get well, and second, to get the injured person the maximum financial result possible (and pay medical bills). Unfortunately, money is the only way we have in America to compensate victims. Also, please do not forget, about 70 million Americans have no health insurance.
(5) The best time to hire a law firm is at the beginning of the case, just as if one was ill and needed to see a doctor. We can give an estimate once we have enough information about what cases are worth and can give you intelligent/honest advice. What people like about our firm is that we tell people from the very beginning exactly what we think, whether it is good or bad.
(6) We are one of the few firms where you can contact an attorney seven days a week, including holidays. We aim to treat people as we would want to be treated if the roles were reversed.
(7) We do not charge for anything unless there is a recovery, so, you have nothing to lose by contacting us and getting a free opinion.
Sincerely,
Michael Pines
