Occupy Nationwide

I am not a lawyer and I am not a medical expert, but I did spend eight long years fighting my own insurance company in person, in mediation and in court, because an uninsured motorist hit us from behind injuring both myself and my passenger and totaling our vehicle. I won my case against the insurance and this victory is a matter of public record, which anyone can check and consider that if you were in a car accident, which was NOT your fault, you will beat any insurance in court. How can you do this, is the subject of this website. Follow these links for questions on: car accidents | adjusterslawyers | courts.

I hope this website is helpful to you and I hope you win. Godspeed!

Will I Get a Larger Settlement If I Go To Court?

The answer to this is of course unknown.  There are so many variables and unknowns to consider. If you have a trial by your peers, the case is worth whatever they say it is worth and if you have a crummy lawyer whom does not present properly your case you could go backwards in your settlement amount. Yet, you do get the satisfaction of your day in court.

Regardless, for us, personally being faced with no other option, we did receive more by going to court.  But what your lawyer is not going to specifically point out is that when you go to court whatever medical bills the insurance company has paid this amount will come out of your final settlement and this is not before he/she gets there percentage.

So basically it will look like:

Court awards $30,000

Minus – Lawyer fee of $10,000
Minus – Medical covered by insurance of $5,000
Minus – Court fees and expenses of $5,000

AND YOUR TOTAL = $10,000

So consider if you are willing to take a chance with the court system.  Do you have a winnable case?  Do you have a good lawyer?  Is the insurance company leaving you with no choice?

What Months are Insurance Adjusted Swamped and Want to Settle?

There are two times a year that the adjusters are swamped. November/December due to Christmas and March because lawyers have to pay taxes. Everyone wants to settle before Christmas, so they can spend more on the holidays. Taxes are due in April, so lawyers want to settle more cases to pay their taxes due in April.

So if an adjuster gets say an average of 25 cases to be settled a month, the number could double during those months. Also in November/December, adjusters like everyone else wants time off for vacation, holidays etc, so could limit the time they have to review their claims or have someone else try and pick up the slack. And as MSAD stated, it depends on the type of case, injuries etc that they review. Some cases may have to go thu several people for authority and that adds time, since until management reviews, then nothing can be done to make an offer or reject it. But you have one thing in your favor and that is that most companies want to close as many claims by the end of they year and they push the adjuster to do so. But that does not mean that the offer could come before Christmas, only that an offer could be made and the check does not come till after the 1st of the year, but then the case is closed and off the books.

Also, say the adjuster calls the lawyer on Wednesday, but they play phone tag back and forth, could be another week before they actually talk to each other. Then the lawyer calls back and once again, phone tag back and forth. Your lawyer will call you when they make an offer, since by law he is obligated to do so. good luck

Secretes of an Insurance Adjuster

I would personally hate to be an insurance adjuster. They are highly trained to get a quick settle for the least amount of money regardless of personal loss and damages.

They have many tricks up their sleeves including:

PROPERTY DAMAGES ASPECTS

1. Getting you to sign a document for the auto settlement but it is really a complete release. Meaning that they are not responsible for your personal injuries. Never sign anything in haste. Never sign any thing that says “GENERAL RELEASE”. Get a second opinion. And don’t sign it if it smells fishy.
2. They will catch you at awkward times like right before work, at the end of the office day when there is a rush to make a decision, or the day after the wreck when you are not thinking correctly.
3. They will attempt to get out of responsibility as quickly as possible and be very forceful and come close to threatening so that you will settle. Don’t worry. Slow things down as much as you would like.
4. They will use intimidating, unfamiliar legal terms so that you feel pressured to listen to them as an authority.

PERSONAL INJURY ASPECTS

5. They may indirectly attack that you are seeking treatment via a chiropractor; however they will always begin by saying something like “I can’t tell you what type of treatment to seek, but if you go to “X” type of treatment we do not guarantee coverage.
6. They will try to give you a somewhat tempting settlement before you are completing better.
7. They keep a great distance so that nothing becomes personal. They will not listen to your pain and suffering and disregard it as any part of any settlement offer.
8. The insurance adjuster may call your attending physician to negotiate your medical costs behind your back.

Can Medical Bills Be Negotiated?

If you have a full coverage policy, you will probably have somewhere in the range of $5,000 for medical coverage.  Yup you guest it, after this money runs out you are stuck with the bills if you do not have any other health insurance like most of us commoners.  What many people don’t know is that you can negotiation your medical costs, because most of the time they are jacked up because they are assuming to be covered by an insurance company of some sort either health or automotive.  

The system is made in such a strange way.  It is almost like if you do not know how to play, you get the short end of the stick. So, if you are stuck with bills, here is what to do in a nut shell.

HOW TO NEGOTIATE YOUR MEDICAL BILLS

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