Cyberarted

Auto Insurance Pressured Serenade

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) by Daniel G. Baldyga. All Rights Reserved. Dan Badyga’s 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 visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Insurance

Auto Accident Insurance Ode

AUTO ACCIDENT INSURANCE CAIM Getting Reimbursed For Your "Pain and Suffering"

You’ve had a motor vehicle accident some time ago when a local character by the name of Fred Fuddle smashed into your rear end but now you're in the home stretch with his Adjuster, I. M. Strong, and you’re going to be paid for your loss by Strong’s employer, Rock Solid Insurance. A good portion of it will be for your "Pain and Suffering". That is, in the lingo of insurance claim settlements, your "Compensatory Damages". Let's talk about that:

BODILY INJURY PAIN: How much pain can an individual stand? The answer to that is: Reaction to pain not only differs with each of us, but often within each of us. While pain can usually be scientifically measured, the limits of human endurance cannot. We all have a different "Pain Threshold" - - that is, the point at which we begin to feel physical distress as we enter into, and then deal with, a period of suffering.

A lot depends on what's going on in your life and how you experience it. Temperament and psychological factors are involved. Like, for example, your personal life is in a shambles (for any number of reasons) and that has hindered your ability to recover. Or, perhaps the company you work for is on the brink of bankruptcy!

The mechanism through which you feel an injury is so complicated that there are times when the same pain appears to be more (or less) than that of previous days. For example: one day you have a problem that causes you to complain endlessly. This makes you impossible to live with and your pain seems to be much stronger. Yet, a similar situation on a much better day, doesn’t upset you so profoundly and the pain is not nearly as bad.

YOUR "PAIN AND SUFFERING" (Your “Compensatory Damages“): The type of injury you suffered, as a result of Fred Fuddle crashing into you (plus the nature and length of your treatment) are two of the best indicators for both the adjuster and Rock Solid Insurance to consider regarding the "Pain and Suffering" you experienced. However, there are several other areas you should call to the attention of Adjuster Strong so as to make him aware of what you've been dealing with.

MEDICATION: The fact that you were prescribed either over-the-counter or prescription medication by Ole’ “Doc” Comfort, your family physician, to relieve pain, inflammation (and/or any other injury symptoms), will help to convince I. M. Strong that your injuries were serious and caused you to endure a great deal of "Pain and Suffering". No matter which way you slice that cake, the more powerful the medication, and the longer it’s prescribed for, the greater the value your claim will be. That's a fact of life in the business of insurance claims.

LENGTH OF RECOVERY: The longer your recovery period, the greater your "Pain and Suffering"- - therefore the higher the settlement value of your bodily injury. Make sure “Doc” Comfort clearly indicates this in his Final Medical Report. Tell him he must state in writing (via the weeks and months) how long it will be, before you were able to engage in your routine activities. Make sure he doesn't send that report directly to Adjuster Strong. You get it first and then later on you’ll send it along to Strong. But, before you do, read it. If good Ole’ “Doc” Comfort hasn't clearly stated this, hand it back to him and tell him he must. You have every right to insist that he does. You're paying his bills, it's your report, your insurance claim, and your big bucks he's not being serious about!

As long as you continue to have physical problems you should keep going back to see your doctor, again and again, and again ! Other than the obvious "Pain and Suffering" it will help to convince Rock Solid Insurance you’ve endured, there are two other very good reasons for doing this. They are as follows:

(1) The fact that your records show visit’s to your doctor, four, six, eight (or even more) weeks after the accident, will convince Adjuster Strong and Rock Solid that your injury took a long time to deal and required continual attention. (Plus it clearly indicates each and every day you were unable to work and therefore it proves, beyond the shadow of any doubt, the income you lost). Never forget: Your attending physician’s Medical Report is the only way you can prove you were unable to work and in any court of law that will justify your claim for lost wages.

(2) When you visit “Doc” Comfort be sure to tell him there's been little (if any!) decrease of your pain, discomfort, stiffness or immobility. Make sure, when he does execute that Final Medical Report, this is clearly stated in his written remarks. If it isn't you have every right to go back, hand it to him and insist that it is.

SCARS: In many instances large and obvious scaring increase's the value of your claim (big time!) - - especially if the scarred portion of your body is visible. If you've been sitting at a desk for 25 years, your chin is double, your hair is gone, and you own a bulging stomach, and that’s where the scar is, it’s not going to be worth much. But, if you're a tall, dark and handsome, twenty year old and the scar is on your face, than it's worth a ton. Take colored photographs of every scar and every scrape that causes swelling and/or discoloration to your skin plus every mark on your body! After you’ve handed a copy of those photographs to Adjuster I M. Strong he’ll be sending them to his boss in the Home Office. I’ve been in that seat so I can flat out guarantee you his immediate superior in the home office will stare at those photo’s and gulp. He’ll blanch, take a deep breath and send Strong a one liner that reads something like: “Do whatever it takes to get rid of this one. Se! ttle it and let‘s move on.”

If the scar is bad enough insist that Dr. Comfort refer you to a Plastic Surgeon for an opinion as to whether your scar can be repaired and/or removed. Once you've been examined ask that Specialist to detail in writing (and insist that he send his report to you) how much it will cost to make it look right again. You may never get it repaired, and/or removed, but include that Plastic Surgeon's report, plus copies of the bills you’ve accumulated because of your visits to him, and hand them to Adjuster Strong. This will absolutely, positively give your claim more value !

QUESTIONS & ANSWERS REGARDING OBTAINING THE SERVICES OF A LAWYER:

QUESTION: “Is it necessary to obtain the services of an attorney who will take a cut of 33 1/3% of the settlement (in some states up to 50%) he recovers from the insurance company of the individual who struck you“? ANSWER: “Yes, there are some situations where it makes sense to do so“. HOWEVER: Especially in a case where the impact is absolutely not your fault in any way, shape, manor or form - - you should be clear with the lawyer you choose that those out-of-pocket expenses you would have been paid (weather they represented you or not) should not be part of his settlement!

Let’s say, for example: You were at a dead stop while waiting for a light to change from red to green, when struck a tremendous blow in the rear by a distracted driver. It’s 100% clear to all concerned that the damages you received will be paid by the insurance company of the individual that struck you.

The property damage to your motor vehicle is $2,800, your lost wages are $450, your final Doctor’s bill (plus all your other Out-Of-Pocket “Medical Expenses”) comes to $750 for a total (Property Damages/Lost Wages/Medical Bills) of $4,000. you live in an area where the lawyers typical “Contingency Fee” is 33 1/3%. QUESTION: “Should that lawyer take 33/13% ($1,333.33) of that $4,000“? ANSWER: “No“! QUESTION: “Why not“? ANSWER: “Because you were going to get that $4,000 weather there was an attorney representing you or not“! In a situation where the liability is clear the attorney should take, as his fee, 33 1/3% of everything he gets above and beyond , that $4,000!

So, let’s say the attorney obtained a settlement of $4,800 for your “Pain and Suffering”. When that figure is added to the $4,000 of Out-Of-Pocket Expenses (as detailed above) the total would come to $8,800. To be fair he should not take 1/3 of $8,800 ($2,933.33 - - thus leaving you with $5,866.66) but 1/3 of the $4,800 ($1,600 - - thus leaving you with $7,200). QUESTION: “What has he done to earn that additional $1,333.34“? ANSWER: “Absolutely nothing”!

DISCLAIMER: The only purpose of this article ~ AUTO ACCIDENT INSURANCE CLAIM ~ Getting Reimbursed For Your “Pain And Suffering” is to help people understand the motor vehicle insurance claim process. Neither Dan Baldyga nor ARTICLE CITY make any kind of guarantee 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 such services.

Copyright (c) by Daniel G. Baldyga. All Rights Reserved. Dan Badyga’s 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 visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Medical Personal Injury Insurance Serenade

Medical Bills - Evaluating Your Personal Injury Insurance Claim

The value of a personal injury claim has a direct relationship to the amount of your medical bills. Why? Because a claim with medical bills of $500.00 is worth three to five times more than a claim with $100.00, or less. And that’s a fact of life in the world of insurance claims.

The adjuster will reason if you were hurt badly enough to run up $500.00 in medical expenses than it’s correct to assume that your injuries must be substantial. But, if you see your chiropractor or physician only once or twice, and your final bills are in the vicinity of $100.00, that adjuster will assume you weren’t hurt too seriously.

DEMAND THAT ALL YOUR MEDICAL BILLS BE PAID: The adjuster may try to disallow a substantial part of your total medical expenses which he contends doesn’t qualify as “medical” in character. He’ll often attempt to divide your medical costs into two arbitrary parts - - “Diagnostic” and “Treatment”. In the “Diagnostic” category he’ll include items such as ambulance and emergency room costs, costs of X-rays, and other diagnostic procedures, plus visits to specialists. And the rest (principally costs of the hospital and regular office visits to doctors, physical therapy and medication) will be termed "Treatment”. The items that are categorized as “Diagnostic” expenses are the bills the adjuster would like to disallow as not being “Medical” types of activities.

He may try to do this because with a differentiation (between what is “Diagnostic” and what is supposedly true medical “Treatment”) the basic worth of your claim will have been drastically reduced, as the amount of your “Special Damages” and thus drastically reduce the true value of your claim. At that point the adjuster will argue that the “Treatment” portion of your medical bills that’s “directly related” to the severity of your injury, therefore it’s what truly reflects (and measures) your “Pain and Suffering”.

Don’t let him get away with that! If he should attempt to pull this on you tell him, “It’s absurd and illogical to separate medical expenses into two arbitrary categories and designate one as “Diagnostic” and the other as “Treatment”. Each area works hand-in-hand with the other in medical practice. I can’t get properly treated without being diagnosed!

He’ll gulp, because he knows what you say is true and that will usually be the end of such nonsense on his part.

“PERMANENT” AND/OR “TEMPORARY” DISABILITY: In discussing “Disability”. it’s important to develop a working knowledge of these two legitimate concepts. Commonly, personal injuries are classified as either “Permanent” or “Temporary”. These two terms are used basically to describe the anticipated duration of an injury, and not its degree of severity! Thus, if an injury is conceived as one which would continue throughout the remainder of an individuals lifetime, it’s said to be “Permanent” in nature. Conversely, if it’s a reasonable probably that the claimant will attain a full or complete recovery (within some future period) the injury is classified as “Temporary" - - regardless of how severe or extensive the injury might otherwise appear.

TOTAL AND/OR PARTIAL DISABILITY: Another common classification of “Disabilities” will relate to whether they are considered to be “Total” or “Partial”. These terms refer to the actual extent of the claimant’s injuries, regardless of whether they’re permanent or temporary in duration.

THE FOLLOWING FOUR SPECIAL CATEGORIES

ARE REFERRED TO AND UTILIZED IN PERSONAL INJURY LITIGATION

TEMPORARY TOTAL DISABILITY: This is symbolized by a seriously injured person who is temporarily hospitalized or otherwise completely impaired, although expected to eventually regain full function.

TEMPORARY PARTIAL DISABILITY: This is that period when, following the initial period of complete impairment of the seriously injured party (that period of “Temporary Total Disability”), the party recovers and is able to resume some (but not all) formal activities.

PERMANENT TOTAL DISABILITY: This describes a condition (usually applicable in the most sever cases, in which the injury produces a nearly total impairment to the body as a whole) - - again placing the emphasis both on the extent of the functional impairment and its duration.

PERMANENT PARTIAL DISABILITY: This describes a condition where the injured party, (even after sustaining a permanent injury) still retains some substantial body function or earning capacity, with the emphasis centered on the extent of the functional impairment itself.

MEDICAL BILL COVERAGE’S: Read your Motor Vehicle Policy to discover if you have “Medical Payments Coverage”. Also check all your non-automobile insurance policies. You may have coverage(s) to pay your medical bills regardless of who was at fault. If you have a Health Insurance Policy and/or Health Plan of some sort, read the fine print. Your policy may not require you to pay back the medical bill payments made in your behalf - - even if you collect from the person who struck you!

DISCLAIMER: This article ~Medical Bills ~ Evaluating Your Insurance Claim, is intended for background information. Its only purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Peter Go nor ARTICLE CITY 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!

For more “How To” insurance claim insights read Dan Baldygas latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss). This book 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.

Copyright (c) by Daniel G. Baldyga. All Rights Reserved. Dan Badyga’s 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 visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Car Insurance Accidental Verse

Car Accident Insurance Claim - Regarding Impacts And Injuries

As of January 2003 it was determined that in the good ole‘ US of A, there were approximately 12.3 million motor vehicle accidents involving over 21 million vehicles last year. This amounts to a little over one crash per second. Let’s take a look at four of the most common of these gazillion impacts and the typical injuries they cause.

#1. LOW SPEED IMPACTS - - ESPECIALLY REAR-ENDERS: These are crashes that are considered to be any collision that takes place at speeds under 10 MPH. While there is absolutely no justification to call it a “Low Speed” impact that’s what the insurance industry loves to identify them as. Why ? Because a moniker like that is supposed to indicate that the, “so-called impact”, you were subjected to could not possibly have caused an injury.

It’s true that when such a crash does take place there’s often not a lot of damage done to the motor vehicle and yet, in most cases, people involved in these types of accidents more often than not suffer injuries - - neck injuries especially!

Although the insurance industry would like to have those making a claim think differently an injury can and absolutely does occur when a low impact collision takes place. The most common is identified as the “Whiplash”. This takes place when the occupants don’t have the slightest idea about the impending collision so they can’t brace themselves by forcing their back and/or neck against the seat or headrest. Because of this their body gets whipped and snapped about something fierce.

Automobile bumpers are built to withstand up to a 5 MPH crash without damage. This is not done to insure the safety of the occupant but rather to protect and limit the damage to the bumpers, keeping the cost of repair to a minimum. Many times vehicle to vehicle impacts can sustain an impact of 8 to 9 MPH before there’s recognizable damage to the motor vehicle. However, when the bumper doesn’t crumble and absorb the force of the impact, more of that crash is felt by the occupants. IMMEDIATE INJURIES: The individual that’s been crashed into by another (even at only 5 MPH) is thrown forward with a severe jerking motion - - causing necks to snap and backs to twist. Because of this many “Soft Tissue” styled injuries take place, including multiple body bruises, plus chest and rib injuries. In most cases adjusters attempt to deny the possibility of injuries in a low speed impact but research substantiates just the opposite! Sure, the motor vehicle will show little damage but the velocity and accompanying force have to be transferred somewhere, and that’s to those sitting in that vehicle. Cars are built to withstand such minor impacts - - the human body is not!

#2. FRONTAL COLLISIONS: In most frontal impacts the occupant’s can generally brace themselves because they’re usually aware of the collision they’re about to be subjected to. In Frontal Collisions the speed and weight of the vehicle play a role in the injuries of the occupant. (The more the vehicle crumbles at impact the less severe the injuries to the occupants. Many times airbags will deploy). In frontal impact collisions the speed and size of the vehicle determines the injuries that can take place. (And - - getting back to rear-end collisions for just a moment - - the striking vehicle not only undergoes a collapse, but transfers momentum to the car that’s been struck by pushing it forward. The airbag may or may not explode. This depends upon the rigidity of the vehicle that’s been struck).IMMEDIATE INJURIES: Head and neck, back, spine, rib and clavicle, arms and legs, concussions, soft tissue, internal, dislocations, abrasions, cuts and bruises.48 to 72 hours later: Headache, blurred vision, dizziness and loss of taste, smell or hearing. Also, difficulty breathing, blood in urine or stool, swelling, loss of motion and visualized bruising take place.

#3. SIDE IMPACT: Many times the occupants head will hit the side window and bounce off of it. There are no air bags nor bumpers, engines, etc., to help protect ones body or absorb the force of the impact. IMMEDIATE INJURIES: Head and neck, arms & legs, soft tissue, dislocations, scrapes and bruises. 48 to 72 hours later: Pain, headache, blurred vision, dizziness, loss of taste, smell or hearing, numbness or tingling (and basically the same as those listed above) so, at the risk of being repetitious but because it’s so important, I must say once again: It’s of major importance that the individual exposed to impact - - no matter how slight it may seem to have been - - should immediately be examined by a medical professional.

#4. ROLL-OVER ACCIDENTS: The typical roll-over accident is very serious. The most common factors in single vehicle accidents are approaching a curve at too high a speed, leaving the pavement or highway, or over-correcting the steering wheel - - particularly in vehicles with a short wheel base. The severity of injuries to the occupants generally depends on the beginning velocity of speed, the number of rolls, condition of the vehicle, and what your motor vehicle rolled through, over and into! Damage to the vehicle is generally extensive. It has been determined that 60% of the economic costs from roll-overs resulted from occupant ejection, and that the initial roll-over speed was between 40 to 60 MPH. (A recent study reported that restrained occupants showed a higher proportion of neck injuries than the unrestrained).

IMMEDIATE INJURIES: The whole nine yards - all of those as detailed above.

________________
The bottom line (to all 4 of the above) is that in all motor vehicle accidents - - no matter how minor the damage it’s of the greatest importance that each and every individual immediately visit a medical professional for a physical examination and/or consultation. So, should you find yourself at the scene of an accident and somebody asks if you think they should see a doctor, your answer should always be, "ABSOLUTELY " ! Stare straight into their eyeballs and tell them, “It’s your body. There’s only one to a customer. You should do whatever you can to take care of it and protect it”.

DISCLAIMER: This article ~ CAR ACCIDENT INSURANCE CLAIM ~ REGARDING IMPACTS AND INJURIES is intended for background information only. Its purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Thomas Brown nor ARTICLE CITY make any guarantee of any kind whatsoever NOR purports 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’ 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. 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.

Dan Baldyga - Author
19 Winona Drive, West Springfield, MA 01089
Phone: (413) 733 0127 FAX: (413) 731 8358
Mail to: "mailto:dbpaw@attbi.com"
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss)
Found on the internet at: "http://www.autoaccidentclaims.com"

Copyright (c) by Daniel G. Baldyga. All Rights Reserved. Dan Badyga’s 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 visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Auto Accident Insuring Ode

Auto 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!

* 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.

FIVE CRUCIAL MEDICAL DEVELOPMENTS THAT HAVE SLOWLY BUT SURELY COME TO PASS. THESE WILL SERIOUSLY (AND FOREVER) IMPACT THE VALUE OF PERSONAL INJURY CLAIMS IN THE YEARS TO COME:

1. Records prove that a motor vehicle accident of as little speed as 5 MPH can produce a “whiplash-type” injury.

2. The symptoms arising from an injury sustained in a motor vehicle accident do not necessarily present themselves immediately following an accident.

3. Medical research and clinical experience have accumulated enough information to demonstrate that the delay of an injury symptom is the norm.

4. Studies have established that the delay of a symptom does not eliminate the possibility of severe injury.

5. 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.

Copyright (c) by Daniel G. Baldyga. All Rights Reserved. Dan Badyga’s 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 visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Auto Accident Claiming Poem

Auto Accident Collecting For 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's not! “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 one 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. Dan Baldyga makes no guarantee of any kind whatsoever; NOR does he 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 on the internet at http://www.autoaccidentclaims.com or visit your favorite bookstore. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance, Legal

Personal Injury Insurance Claim Verse

Your Insurance Claim - Medical Insights And Expenses

There’s nothing that has a greater impact on evaluating a personal injury insurance claim than the damage done to your body, the medical bills that are a direct result of that injury and the “pain and suffering” you were forced to deal with.

Besides botching up your body (and sometimes your love life) what else does the injury mean to you? It means a ton of financial expense’s, including repairing your car, lost wages, a shock to your life style, a tremendous inconvenience and short or long periods of pain and discomfort - - all of it a direct result of your injuries.

Plus, there's a long list of possible medical expenses. For example: Doctor/Chiropractor, Prescription Drug Bills, Ambulance, Emergency Room Care, Hospital or Clinic, Specialist and/or Dentist, Laboratory Fees and Services, Diagnostic Tests, X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Gauze and Tape, Ace Bandages all of which the insurance company must pay whether they like it or not!

Also, Creams, Lotions, Ointments, Balms and Salves, etc. (Should the lady in your life apply any of these to your aching body I'm sorry to tell you this but her labor is not an expense you can claim).

YOU MUST BE COMPENSATED BY THE INSURANCE COMPANY FOR ALL OF THE ABOVE: It's true that a very small percentage of auto accidents cause big, serious injuries but that doesn't mean you shouldn't be paid big, serious bucks!

EXAMINATION BY THE INSURANCE COMPANY DOCTOR: Claims Adjuster Henry Hard-Nose of Rock Solid Insurance will usually try to pull a fast one insisting he wants you to be examined by the physician of his choice, the local medical con-man of all time, Dr. Nuttin' Wrong. Beware of such a request. Doctors assigned by the insurance company are notorious for stating, in the report they're paid big bucks to execute, "There is no objective basis", for your complaints.

You don't have to agree to be examined by Dr. Nuttin' Wrong. Rock Solid Insurance cannot insist that you submit to their doctor for an examination unless your claim actually becomes a formal court case. So, hold your ground until your attending physician, Ole “Doc” Comfort, has released you. After that it's okay to agree to be examined because by then it's too late! So much time will have passed it will be impossible for Dr. Wrong to minimize the pain, discomfort and suffering your injury has caused you.

WHAT TO DO ABOUT YOUR MEDICAL BILLS IF YOU MAKE THE MISTAKE OF OBTAINING LEGAL HELP FROM ATTORNEY I. M. SHARP: Should yours be a case in which there's no question that you're not at fault, make it clear to the Legal Beagle you've hired, I. M. Sharp, Esquire, that you expect his Contingency Fee will not apply to that which he recovers for the damage to your car, your medical bills, and/or your payment for lost wages. You tell him these are damages you would have collected ANYWAY - - whether he was handling the case for you or if you settled it yourself. Don't you dare be foolish enough to hand him a huge percentage of that which you were going to be paid by the insurance company, whether Attorney Sharp handled the case or not. To do so is the height of financial stupidity!

YOUR BODILY INJURIES: It's a proven fact that the vast majority of motor accidents cause minor injuries. While bodily injury pain can be specifically measured the limits of what you can endure cannot. Each of us has a different "pain threshold" - - that is, the point at which we begin to feel physical pain. The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has a lot to do with your previous experience, how well you remember it, and your ability to understand what caused you that pain, and its consequences, the last time around.

Stress and strain magnify physical pain plus personal anxiety will greatly increase it. There are also emotional reactions to the injury. A bodily injury is bound to cause some degree of mental distress. The duration and severity that depends on a number of factors: The type of individual you are, the ultimate consequences of the injury you sustained, and the life stresses or strengths you're experiencing at the time of your injury. (If you can't stand her and she takes a powder you’ll handle your pain better if you really dig the chick and she dumped you for your best friend)!

When it comes to muscle injuries one thing you must keep in mind is that when one part of the body demands rest (by sending out a pain signal) and - - without your even realizing it - - you help your body by placing a new burden on other muscles. It gets complicated because although those muscles may not have been directly injured in the accident, they can still get buggered up and produce a lot of pain because of their new role.

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle motor vehicle accident claim process. Neither Dan Baldyga nor ( ??? ) 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 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 visit your favorite bookstore.

Copyright (c) by Daniel G. Baldyga. All Rights Reserved. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of: dbpaw@attbi.com.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Auto Accident Insurance Claims Verse

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.

Dan Baldyga's latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at his web site http://www.autoaccidentclaims.com or visit your favorite bookstore.

Copyright (c) 2002 Daniel G. Baldyga. All rights reserved. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of: dbpaw@attbi.com.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Car+Insurance, Cars, Health, Insurance

Right Car Insurance Ode

Here comes the insurance adjuster,
Birds evaporate into a sky greenly tainted.
We love each other, per aspera ad aster -
Still feel ill, most constipated...

Insurance Adjusters How They Work And How They Think

Here comes the insurance adjuster. Is he overly friendly? If so, watch out! It’s OK to be hospitable. Be good-tempered and cordial - - but beware! Never forget he’s paid to save his company as much money as he can. That’s the name of his game.

DON’T SIGN ANYTHING: Don’t overestimate the good will of the adjuster. They’re trained to investigate accident cases in such a way, if at all possible, to make their insured look good. Many unsuspecting individuals fall prey to the adjuster who seeks to protect his company’s pocketbook at the expense of a legitimate claimant.

If a company calls you and suggests they take your statement over the telephone, tell them you would prefer to meet with an adjuster. Don’t agree to dictate a verbal statement into a tape recorder over the phone, and certainly not when you’re in the presence of an adjuster. Don’t sign a statement when you meet with him. Whatever the circumstance may be, advise whomever you’re dealing with that you’ll be more than willing to provide a signed statement, after your claim has been settled.

HOW TO PROCEED WITH THE ADJUSTER: Be pleasant, but firm. No matter how much in the wrong the person is that hit you, no matter how they acted at the scene of the accident, and no matter what they may have verbalized to or at you, don’t take it out on the adjuster. It’s not the adjuster’s fault if his insured is an idiot.

You must never underestimate the importance of the adjuster’s impressions and conclusions, all of which go into your file. What he feels and reports about you have a great influence on the final disposition of your claim. If he likes you that’s money in the bank. On the other hand, if he gets upset with you he has the ability to twist the facts to make you look bad. Once that’s been done, it will be set in cement, go into your file and, without you’re ever being aware of it and haunt you to the last dollar of your settlement.

THE ADJUSTERS CLAIM LOAD: The job performance of insurance adjusters is judged not only on how little of the company’s money they spend in settlements, but also on how quickly they settle the claims assigned to them. They’re constantly under pressure to settle your claim; to get rid of it and move on. The adjuster will never tell you, but the weight of their caseload comes down on your side of the scale. It’s an advantage people are never aware of.

THE ADJUSTERS SETTLEMENT AUTHORITY: The Adjuster’s authority to settle claims on their own is restricted on how much experience they have. For a less experienced adjuster, perhaps $5,000 to $10,000, but for a more experienced adjuster, their settlement authority may go as high as $20,000. When bigger bucks are involved they usually have to be given permission to settle the case from their immediate supervisor.

THE BOTTOM LINE: Don’t let a sweet talking insurance adjuster manipulate you into feeling good about your relationship with him and the eventual outcome of your claim. In the vast majority of instances that’s not the way you should play the game because if provided with the opportunity, they’ll almost always take advantage of you. That’s a fact of life. Know and understand that they’re only doing their job. Their assignment is to save money for the company who signs their paychecks - - no matter what it takes.

If you have a legitimate claim stay cool and understand what you’re up against. Don’t be impossible to deal with, but remain steady. Remember that the adjuster wants to look good to his company. He doesn’t want your claim to end up in court, plus he wants to reduce his caseload. Be patient. At the end of the day, after the dust has settled, he’ll be forced to do the right thing.

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 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's latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at his web site http://www.autoaccidentclaims.com or visit your favoite bookstore.

Copyright (c) 2002 Daniel G. Baldyga. All rights reserved. For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of: dbpaw@attbi.com.

Labels: _alittle_cyberarted, Auto+Accident+Insurance, Car+Insurance, Cars, Health, Insurance

Auto Accident Insurance Verse

Auto Accident Insurance Claim Personal Injury Insights

There’s nothing that has a greater impact on evaluating a personal injury insurance claim than the damage done to your body, the medical bills that are a direct result of that injury and the “pain and suffering” you were forced to deal with.

Besides botching up your body (and sometimes your love life) what else does the injury mean to you? It means a ton of financial expense’s, including repairing your motor vehicle, lost wages, a shock to your life style, a tremendous inconvenience and short or long periods of pain and discomfort - - all of it a direct result of your injuries.

Plus, there's a long list of possible medical expenses. For example: Doctor/Chiropractor, Prescription Drug Bills, Ambulance, Emergency Room Care, Hospital or Clinic, Specialist and/or Dentist, Laboratory Fees and Services, Diagnostic Tests, X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Gauze and Tape, Ace Bandages all of which the insurance company must pay whether they like it or not!

Also, Creams, Lotions, Ointments, Balms and Salves, etc. (Should the lady in your life apply any of these to your aching body I'm sorry to tell you this but her labor is not an expense you can claim).

YOU MUST BE COMPENSATED BY THE INSURANCE COMPANY FOR ALL OF THE ABOVE: It's true that a very small percentage of motor vehicle accidents cause big, serious injuries but that doesn't mean you shouldn't be paid big, serious bucks!

EXAMINATION BY THE INSURANCE COMPANY DOCTOR: Claims Adjuster Henry Hard-Nose of Rock Solid Insurance will usually try to pull a fast one insisting he wants you to be examined by the physician of his choice, the local medical con-man of all time, Dr. Nuttin' Wrong. Beware of such a request. Doctors assigned by the insurance company are notorious for stating, in the report they're paid big bucks to execute, "There is no objective basis", for your complaints.

You don't have to agree to be examined by Dr. Nuttin' Wrong. Rock Solid Insurance cannot insist that you submit to their doctor for an examination unless your claim actually becomes a formal court case. So, hold your ground until your attending physician, Ole “Doc” Comfort, has released you. After that it's okay to agree to be examined because by then it's too late! So much time will have passed it will be impossible for Dr. Wrong to minimize the pain, discomfort and suffering your injury has caused you.

WHAT TO DO ABOUT YOUR MEDICAL BILLS IF YOU MAKE THE MISTAKE OF OBTAINING LEGAL HELP FROM ATTORNEY I. M. SHARP: Should yours be a case in which there's no question that you're not at fault, make it clear to the Legal Beagle you've hired, I. M. Sharp, Esquire, that you expect his Contingency Fee will not apply to that which he recovers for the damage to your car, your medical bills, and/or your payment for lost wages. You tell him these are damages you would have collected ANYWAY - - whether he was handling the case for you or if you settled it yourself. Don't you dare be foolish enough to hand him a huge percentage of that which you were going to be paid by the insurance company, whether Attorney Sharp handled the case or not. To do so is the height of financial stupidity!

YOUR BODILY INJURIES: It's a proven fact that the vast majority of motor vehicle accidents cause minor injuries. While bodily injury pain can be specifically measured the limits of what you can endure cannot. Each of us has a different "pain threshold" - - that is, the point at which we begin to feel physical pain. The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has a lot to do with your previous experience, how well you remember it, and your ability to understand what caused you that pain, and its consequences, the last time around.

Stress and strain magnify physical pain plus personal anxiety will greatly increase it. There are also emotional reactions to the injury. A bodily injury is bound to cause some degree of mental distress. The duration and severity that depends on a number of factors: The type of individual you are, the ultimate consequences of the injury you sustained, and the life stresses or strengths you're experiencing at the time of your injury. (If you can't stand her and she takes a powder you’ll handle your pain better if you really dig the chick and she dumped you for your best friend)!

When it comes to muscle injuries one thing you must keep in mind is that when one part of the body demands rest (by sending out a pain signal) and - - without your even realizing it - - you help your body by placing a new burden on other muscles. It gets complicated because although those muscles may not have been directly injured in the accident, they can still get buggered up and produce a lot of pain because of their new role.

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle motor vehicle accident claim process. Neither Dan Baldyga nor (name the magazine/newsletter and/or web site) 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 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 visit your favorite bookstore.

For 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of: dbpaw@attbi.com.

Labels: _notyet_cyberarted, Auto+Accident+Insurance, Cars, Health, Insurance

Travellers Health Poem

Travellers: Make Your Health Policy Work For You

The purchase of travel health insurance is a sensible idea for anyone taking trips outside Canada. If you get sick unexpectedly or have an accident while you are away, the health services in other countries are generally much more costly than those which OHIP covers. When buying your insurance however, it is important to take all the time needed to fully understand the coverage as well as the limitations of the policy. Be sure to determine your own needs first, say industry specialists, then read the policy thoroughly to be sure those needs are covered.

The Financial Services Commission of Ontario (FSCO) reminds the travelling consumer that it is not enough to simply buy travel health insurance; travellers must also know how the policy works and how to use it. FSCO is an agency of the Ministry of Finance that regulates Ontario's insurance industry. Its suggestions in this regard are based on records of what went wrong for others.

It is important for example, to compare the policies offered by different companies, not just for price, but also for the amount of coverage, pre-existing conditions, deductibles, limitations and exclusions. Your health, age, the medication you take, the length of your trip and the destination are all factors that affect the price of a policy and the types of medical costs your insurer will cover. In some cases you may have to find an insurer willing to write a policy tailored to your circumstances.

To better compare each policy before purchase, take a look at the Travel Health Insurance Policy Checklist, posted on the FSCO Web site. Here's a sample:
- Compare the maximum each policy will pay above Ontario health plan limits.
- Look for age limits or medical criteria that might apply to you.
- Compare how the policies define terms such as pre-existing condition, or a medical exclusion. Do they affect your coverage?
- Compare deductibles and/or co-payment clauses to understand your own obligation.
- Compare payment procedures. Do you pay for the medical services first, followed by a reimbursement, or is the payment made directly from the insurer to the facility?
- Check if policies require you to use "preferred" doctors and hospitals.
- Are you covered for participation in the sports and activities you have planned, or are they excluded?
- Can you buy extra coverage if you extend your trip?
- What is the full package cost of each policy?

Don't forget, says FSCO, you may already have sufficient coverage from your credit card company or employee benefits plan. Don't buy more insurance if you are covered. Additional information on this subject is available online at www.fsco.gov.on.ca.

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Labels: _notyet_cyberarted, Health, Insurance, Travel, Travel+Health+Insurance

Travel Health Insurance Serenade

Travel Health Insurance: Reimbursement Depends On Following The Rules

Travelling, whether for business or pleasure, involves risk. A personal emergency may necessitate an early return, or you may need hospital treatment or air evacuation due to a medical problem. Travellers should be aware that the Ontario government health plan (OHIP) is rarely enough when it comes to medical treatment outside the country, so without supplementary insurance during an emergency, you could be exposed to considerable financial obligations.

Travel health insurance policies vary considerably, says the Financial Services Commission of Ontario (FSCO), an agency of the Ministry of Finance that regulates Ontario's insurance industry. FSCO reminds us to pay special attention to the definitions, pre-existing condition clauses, deductibles, as well as the limitations and exclusions sections of the policies. Ask for clear explanations of each and once you are satisfied, make your insurance purchase. But even then, says FSCO, there is a bit more work for you to do — as follows:
- Read the policy: Before leaving on your trip, read and become familiar with your policy and the coverage. It is your responsibility to know what you have purchased.
- Take it with you: Include the policy with your travel documents. Keep both the emergency contact phone number available, as well as the number for your insurance company. Compile and include a list of current medications.
- Get authorization (if possible): If a medical problem arises, the toll-free phone number provided will connect you to an emergency service centre. Be ready to supply all the facts and information and ask for clarification if you do not fully understand. Service centres manage and monitor your treatment and make the medical referrals. Before you go ahead with treatment however, be sure the service centre has obtained authorization from your home-based insurance company. If not, you may be personally obligated for medical services not approved.
- Follow the payment process: Under some policies, you pay the hospital and are reimbursed later by the insurance company. Other policies provide payment directly to the medical facility or practitioner. The policy will tell you which procedure to follow.

More information on travel health insurance is available online at www.fsco.gov.on.ca.

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Labels: _notyet_cyberarted, Health, Insurance, Travel, Travel+Health+Insurance

Travel Health Insurance Opus

Travel Health Insurance: Know Your Coverage Before An Emergency Occurs

Buying travel health insurance is an important step for sufficient medical coverage while outside Canada, but it is only the first step. To make your policy work, say industry regulators, there has to be a co-operative relationship between the policyholder and the company.

Indeed, the range of medical treatment around the world is so broad and varied, home-based insurance companies will provide booklets outlining what they will, and will not cover. Therefore, an equally important step at the time of purchase is for the traveller to become as familiar as possible with the basic guidelines of the policy before an emergency occurs. Decisions on the reimbursement of expenses are not likely to be the first thing on your mind in an urgent situation.

So how do we ensure financial coverage during a medical emergency? Here are a few guidelines offered by the Financial Services Commission of Ontario (FSCO). FSCO is an agency of the Ministry of Finance that regulates Ontario's insurance industry.

Obtain authorization

As soon as possible, says FSCO, call the emergency service centre telephone number provided with your policy. The service centre's role is to manage your medical care and make the claim process fast and efficient. The centre provides claim administrators, on site doctors, nurses and other medical professionals to arrange care and monitor treatment. To ensure coverage, if possible, don't proceed with any medical treatment without full authorization.

You can assist the claims process more efficiently, if you:
• Supply all the facts and information accurately.
• Keep a log of the contacts at both the service centre and your insurance company, including the names of people assisting you, the date of the contact, and what was discussed.
• Keep a detailed record of all medical transactions. Get receipts for the medical care including tests, treatments, and prescriptions. Receipts are a must when making a claim. Also, observe the time limits of your policy.
• Complete the forms supplied and enclose all original bills signed by the attending physician, plus receipts and supporting claim documentation. Be sure to include your policy identification number, health card number and date of birth. Keep copies of all documentation submitted to the company.

More information on travel health insurance is available online at www.fsco.gov.on.ca.

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Labels: _notyet_cyberarted, Health, Insurance, Travel, Travel+Health+Insurance