Andrew Spainhower

5 Tricks Insurance Companies Use to Pay You Nothing


5 Tricks Insurance Companies Use to Pay you Nothing

Insurance companies are not evil, they are just really good at their job. Their business model is to as much money in as possible through premiums, and then pay as little out as possible through claims. It is a very profitable business model. When you get in a crash, you are a novice with a squirt gun, and you are facing an experienced pro with a bazooka. This article breaks down 5 of the most common tricks insurance companies use to justify paying you nothing on your claim.

Trick #1 The Good Guy Approach

When a claim gets reported, insurance adjusters may reach out to you right away.  They will be extremely friendly and seem quite helpful and try to make everything very easy for you.  This sounds like a great thing, and it could be a great thing.  Their job is to make you feel comfortable and to gain your trust.  At a time when you are distressed and may be in pain, this is a welcome idea that you will have the help of someone that has your best interest in mind.   Unfortunately, at the end of this helpful rainbow, there may be no pot of gold.  Possibly just a bag of empty promises and perhaps even downright lies.  What happens is the adjuster might say something like, “We are so sorry this happened, we want to take care of this for you and handle it the quickest way possible so you can get on with your life.  We are willing to go ahead and pay your medical bills and then we’ll actually  give you additional thousand dollars.” This is an early attempt to settle the claim with a low offer.  To some people, one thousand dollars may seem like a lot of money.  They are grateful and pretty excited to accept that.  Then the insurance company will out a form to sign and return to them before they will issue the check to the claimant.   That form is actually a release of liability that closes the case.  Once that is signed that’s the end of the case.  It doesn’t matter what expenses come up after that point. The claimant might even be out of work for another year because of their injury but that is all they are going to get because the release was already signed.  Though this initial offer from the insurance company may have seemed generous at the time, as time goes on, the claimant may realize that all of the bills were not in or themselves or other passengers that were in the car and are still in pain and wish that they would have waited a bit longer to be certain of  what the long range effects of the accident would be.

If you feel that you are being rushed or pressured to accept an offer from the at-fault insurance company to quickly, you do have the right to say that you need more time.  If you feel like you are not being treated fairly or that the adjuster is not listening to you, it would be helpful to you to consult a personal injury attorney.  Most P.I. attorneys offer initial consultations for free.  This would give you the opportunity to ask questions and decide what type of settlement would be fair and reasonable in your situation.

Trick #2 Taking a Recorded Statement

Obtaining a recorded statement in not so much a trick, but insurance companies are going to want to take a statement from all the key parties involved in the accident.  This is an effective method for them to preserve the record of what happened.  It is very helpful to them to get a recorded statement that may help them prove that their insured was only partially at fault or not at fault at all.

Because this initial statement is important and it is not your own insurance company doing the interview, it might be better to wait a little bit before you actually give your recorded statement.  Allow yourself some time to make sure that you’re not emotional at the time.  You also need to allow enough time to pass to be sure that you don’t have pain from injuries that you were not aware that you had. Sometimes aches and pains are not evident until a day or two after the accident.  If you gave a statement right after the accident stating that you were fine and had no pain or injuries and then woke up the next morning with a stiff neck or bruised area on your body, the insurance company may question if you are telling the truth.  If they call you for the statement immediately after the accident, you could state that you were not up to dealing with it at the time and then call them back the next day.  You have the right to take more time.  You may even have the right to refuse to make a recorded statement in some cases.  This is something that an attorney could advise yours about.

If you are going to make a statement, it is a good idea to plan ahead what you will say.  Write down some notes including the events that led to the accident and the facts about what happened before, during and after.  Be clear and stick to the facts only.  Statements like, “This is happening at a really bad time right now” or ” I can’t handle one more bill”, may make you seem desperate and very eager to settle and you may get a very low offer.  Remember just stick to the facts.  Include the names and information of any witnesses that were at the scene of the accident and don’t minimize your pain or injuries.

In some instances, it will be necessary to make a statement soon after the accident so the claim process can begin.  Just Remember that your recorded statements can be good opportunities to get you to say something wrong or to trip you up and say something that you don’t mean or that you didn’t understand on the record.  They will then be able to use those statements against you later.  When you do make your statement, be honest and clear about what happened and how it is affecting you.  You may also record your statement as you make it or even ask the interview if they can provide you with a copy.  Some insurance companies will do this.  Having your own copy of your statement could prove helpful later if your accident was serious or the person at-fault seems to be in question and it seems your case will be headed to court. The lawyers at McMullin Injury Law understand that this is one of the major tricks insurance companies use.

Trick #3  Pointing the Finger at Another Driver

Some car accidents may involve multiple parties.  Even in just a two-car accident, sometimes there will be disputes about what happened and who was at fault.  But particularly in accidents involving three or four or even more cars, can this be the case.   Insurance companies are really good at deciding that someone else was at fault rather than their own insured.  When this happens everybody is pointing the finger at another driver and as a result, no one is stepping up and accepting responsibility to handle the claim.  So it forces litigation.  Then you have to file a lawsuit and sue everyone because once it gets into the legal system then everyone will finally be incentivized to actually figure out what a judge or jury would do. Once the judge or jury are involved people tend to start being a little more honest.  Unfortunately, when this happens it can waste valuable time and money, often taking more than a year to get resolution on your case.  In cases such as this, a percentage of fault in the accident will be determined for each driver and the insurance companies will have to pay the expenses of the accident accordingly.  This percentage of fault would be determined by evidence and testimony through the trial process. The attorneys at McMullin Injury Law in St. George, Utah know that this is one of the major tricks insurance companies use.

Trick #4  Pointing the Finger at Another Cause

This is extremely common.  Insurance companies like to point to anything else that could possibly be the cause of your injuries other than the accident.  The primary thing they would point at would be if you have ever had an injury to the same part of your body before the crash.  They are going to want to look at your medical history.  If you have dealt with even a similar problem before, they are going to blame your current problem on that.  It is going to be their primary argument. You will need to be able to prove to the contrary.

Secondly, they may also argue that the crash was minimal and that there is no way that the impact of that crash could cause the type of injury to the human body that you are claiming.  Even though they know that this argument won’t hold up in court because it has been proven through studies that even very small impacts can potentially result in serious injury.  But they will bring it up nonetheless to try to scare you away from making a claim.

The third way they could point the finger at another cause is by getting on your social media to see if you go swimming or play basketball or go to the gym after your accident.  And if you do, they could come back and say, “They have been at a gym so they could have hurt themselves at the gym.” This is ridiculous because they know that even people that are hurt try to live their lives as close as they can to normal and they are perfectly justified in doing so. But still, they may try to use that against you.  On social media, they may also find posts showing you on vacations or doing activities with your family and draw the conclusion that you must not be in as much pain as you claim because you are able to participate in those activities.  For this reason, be cautious as you make posts on social media. The lawyers at McMullin Injury Law in Cedar City UT are aware that this is a major trick insurance companies use.

Trick #5 Arguing That You Didn’t go to the Doctor Enough

The insurance company can actually argue that you didn’t go to the doctor enough.  They can do the opposite of what you might expect.  They can argue the medical services that you receive both ways.  Meaning that if the impact of your car accident wasn’t that hard in their opinion and you go to the doctor a lot, they will argue that you are faking it and that you weren’t really hurt. But if the opposite is true and you are someone that doesn’t really like to go to the doctor so you visit the doctor the minimal amount that you can and you just try to heal on your own to keep your medical costs down, now they might use that against you too.  They could claim that if you were really hurt, you would have gone to the doctor more.

So, If you don’t seek enough medical attention they could use that against you saying that if you were hurt you would have received more treatment.  On the other hand, if you received a lot of medical treatment, they may say that you are faking it.  Either way, the insurance company can use it as the argument against you.   So be smart and take care of yourself appropriately by getting the treatment that is needed but does not be excessive.

Summary

Insurance Company Tricks –

This article has brought to your attention five strategies that an insurance company could use to deny your claim against them or at least decrease their costs.  They are loopholes that the adjuster may use to minimize their fault and question your integrity.  It is smart to be aware that these areas could be scrutinized and manipulated by the insurance companies to turn the case in their favor.  Awareness will help you be better prepared to deal with their questions and protect your rights.  It is important that you feel that you are being heard by the adjusters involved in your case and that you are being fairly compensated for your expenses and pain and suffering caused by the accident.  Laws are in place to make sure that this happens.  If you have concerns, let a qualified personal attorney advise you about tricks insurance companies use after a car accident in Cedar City Utah.

5 factors to consider before resolving your personal injury case

Top 5 Things to Consider Before Settling Your Injury Case

Top 5 Things to Consider Before Settling Your Injury Case

Anthony McMullin of McMullin Injury Law explains the five most influential factors one should consider before resolving an injury case. If you live in Southern Utah and you have additional questions for our attorneys, give us a call, free of charge, at 435-673-9990.

Top 5 Things to Consider Before Settling Your Personal Injury Case

This article brings up 5 good questions to ask yourself before you take a settlement from an insurance company when you or a loved one has been injured in an accident.  These are questions that you may not have considered as you have made your way through the process of making a claim and dealing with the sometimes complicated process that goes with it.

#1 Have you consulted with an attorney?

It is the norm across the legal field that an initial consultation in a personal injury case is free of charge.  The first visit with an attorney who has been trained to handle accident and injury claims such as yours is not an expense to you.  A personal injury attorney’s job is to help people that were not expecting to be hurt.  They have been injured by no fault of their own.  Because of this,  a personal injury attorney is paid on contingency.  The contingency is that he will be paid if he wins the case.  The risk and potential reward of your case is passed along to your attorney.  In order to assess your case and determine if they can take your case and effectively and realistically help  you, an initial consultation will need to take place.  The attorney will meet with you to help you fully understand your options and also to decide if your case is one that he thinks he can win and help you recover the damages to you, your property and your family.  If the case is frivolous or doesn’t have any merit, the attorney will tell you that.  In order to have a case decided in your favor you will need to have evidence such as medical bills, photographs, statements from witnesses, and expert testimony.  If you don’t have these things and insurance company will not settle with you and a jury will be unlikely to find in your favor.

Also, in most personal injury cases the claimant is limited to compensation for their injuries, loss of income and other considerations by the limits of the policy which is covering the claim.  The insurance is intended to compensate you as close as possible to your pre-accident state, not to allow you to make money to which you are not entitled from the accident. There are generally laws that limit the amount of compensation one can receive.

A meeting with an attorney will provide you with an opportunity to ask questions and make sure that you have covered all the bases and considered all the repercussions of your accident.  This will help you understand fully the process in front of you and what your possible options are.  Why wouldn’t someone take advantage of this free service?

#2 Do you feel like you have been heard?

Ask yourself if you feel that you have been heard.  In your conversations with the insurance adjuster, have you felt like your full story was heard?  Was the impact of your injuries on your life discussed at length with all of the aspects of your life being considered such as the emotional, physical, mental and financial aspects.   Or at the opposite end of that spectrum, do you feel like you are just a claim number and that you are not being valued as a human being.  Ask yourself were you taken seriously and dealt with fairly?

Are you aware that claimants involved in accidents may be eligible for compensation of other expenses beyond their medical treatment expenses?  Reimbursement of lost wages and compensation for pain and suffering are also possibilities depending on the state you reside in and the type of insurance you hold.  Your specific claim would need to be evaluated by someone that understands the law and how it pertains to your case to determine what benefits apply to you.

It is standard practice for insurance companies to make a low offer at the beginning of the negotiation process.  They may even deny any liability right up front.  They begin this way for two reasons.  They are trying to determine how much you understand about your case and your rights and also how impatient you are to settle the case and get the payment owed you.  This is the time for you to do your homework and prepare yourself by understanding the law and how it pertains to your loss.

If you don’t feel like you are being heard or had the opportunity to tell your story, it is probably not time to settle your case.  A lawyer can listen to  your case, evaluate your damages and help you assess what it will take to make you whole and restore what was lost.

#3 Are all of your medical bills being paid?

Have all of the medical bills related to the injury been paid?  Insurance companies are looking for ways to cut cost.  One common practice that we see is insurance companies reducing their expenses by denying payment for medical treatment that they deem as unnecessary or excessive.  They may tell you that your doctor overcharged for a treatment and they will only pay for part of the charge.  The problem with that logic is that it  leaves you responsible for the remainder of the bill when you didn’t even want to have to go to the doctor to begin with. These medical bills are accumulating through no fault of your own.  Because your medical bills were directly and proximately caused by the negative action of another, that person and in turn their insurance should bear the full cost charged by any medical providers to provide you with the medical services that you need.

As soon as you make a claim, the adjuster that works for the insurance company involved begins to work on your case to determine what the lowest payout will be.  However, their ultimate goal is to make you an offer that will suffice and keep them out of court and a lawsuit. The adjuster works for the insurance company, not for you.  Their job is to keep costs down.  The adjuster will consider several factors in determining what their offer will be on your claim.  They will consider actual expenses such as medical bills and other costs pertaining to your injury.  They will also consider loss of wages from work and pain and suffering as well as emotional suffering.

#4 Do you know what your future looks  like?

It is impossible to value an injury, to put a price tag on human pain without fully understanding the complexities and the length of recovery for that injury.  Or in worst case scenario, maybe full recovery is not possible.  For example having your arm hurt for six months might be worth one amount, but living with pain in your arm and the inability to recreate or work or do activities that you normally would with that arm for the rest of your life is a completely different injury and it is worth a completely different amount under that law.    As you move forward with your life after the accident, do you feel that the settlement that you are receiving will be sufficient to compensate you or your loved one for the medical bills that have already accrued and also the medical services that you may still need in the future.

When insurance companies pay a settlement, they are hoping for a discount of an amount that they think you could get from them with a judge or a jury.  It makes sense to give them a discount in order to get the settlement earlier and get that money released and in your pocket so you can get on with your life.  It can be good business for both sides but, it has to start at a place where both parties are at least  looking at the same injury and considering the same lifestyle changes and  implications from the injury.  Accepting a settlement on an injury when you have no idea how long you are going to be hurt and what your future may look like would not be a smart idea.  Because the factors that pertain to each case are unique and individualized and the laws of each state and the limits of each policy differ, coming to a fair settlement amount can be complex.  Besides the nature and extent of the initial injury, additional considerations will need to be made as your claim payoff amount is reached.  How much time was missed at work because of doctor appointments or inability to work?  What emotional duress was caused? Were you disfigured or were familial relationships strained or damaged as a result of the accident?  An injury attorney will be able to help you understand what the implications of all of those factors may be as well as the future costs that may result from your injury.

#5 Do you understand all of the options available to you?

The fifth factor to consider before you settle with the insurance company on your claim is that you understand all of the options that are available to you.  Insurance companies are looking to settle your claim in order to avoid those alternatives.  A settlement is not the only option available to you to fairly settle your case.  If  you do not understand what the alternatives available to you are, then you are not in a good place to  negotiate your injury case. An injury case is not worth some definite amount. It’s worth an amount that you have the legal leverage for.  Understanding your options provides you with that leverage.

Options other than a settlement are a jury trial, a bench trial, arbitration, or mediation.  One could consider moving forward with a trial by jury.  This is where a jury of average people will be assembled to come in and hear both sides of the case and hear all of the evidence and then decide what your injury is worth.  Another option would be a bench trial with a judge.  The judge would hear the facts of the case, consider the evidence and  then make the decision regarding your case.  A third option would be arbitration.  You could file for a jury trial and then choose to agree to go to the binding arbitration.  Actually, in Utah, you can force an insurance company into binding arbitration so long as your case is worth less than $50,000.   Another option would be mediation.  Mediation can be done before filing a lawsuit or often times afterward.  Mediation can be a good opportunity to put both parties in the same room with their attorneys to discuss the likely outcomes of the case and have a full conversation to try to reach resolution.    Sometimes it can be very difficult for two sides that actually see something very differently, to get on the same page and understand one another without meeting face to face and taking the time to fully discuss the problem. These are all options that an experienced personal injury attorney understands and can determine which option would be the best one for you.  You can confer with him/her and decide which option is more likely to produce optimum results for you and your loved ones.

In summary, there are many possibilities that one should consider when dealing with a personal injury case and working with adjusters from insurance companies.  You may be wise to accept an offer from an insurance company but then on the other hand you may regret not getting some advice from an expert to help you make an informed decision on something as important as your future.   There are laws and regulations that pertain to your case that you may not be aware of  and a legal professional can help you understand those laws and consider what your life will be like after sustaining the injuries that you did in your accident.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

St. George Attorney: How long does it take to Settle a Case?

St. George Attorney: How long does it take to Settle a Case?

Question: How long does it take to Settle a Case?

St. George Attorney Answer:

In the initial stages of your case, it will not be possible to predict when the claim will settle. Some claims resolve in a few months, some take several years to resolve by settlement or trial. Your St. George attorney will almost always stall until you are recovered or nearly recovered from your injury to try to settle your case.  Keep the following in mind during the process:

  • What is the total cost of all of your medical bills?
  • Do you still need any more care from doctors?
  • If additional treatment is needed, what is the estimated cost?
  • Are any of your injuries permanent?
  • If you have permanent injuries, do they affect your earning potential?
  • What is your total loss of wages and any other employment benefits lost?
  • Is it likely that you will lose any future income due to your injury?

These and other factors will affect your settlement. As your case progresses, your attorney will be able to make the decision about the right approximate time to settle your case.

My case: what is it worth?

It is nearly impossible to answer this question in the beginning of a case.  A value can’t be projected until all of the documentation is in hand. As you recover, and you must be nearly healed from your injury. Here are some of the factors that will contribute to the value of your case:

  • The total amount of your medical bills
  • The details of all medical expenses and their origins, ie. Tests, treatments, hospital stays, physical therapy, chiropractic, prescriptions, and over-the-counter medication in relation to your injury.
  • The total wages and other benefits that were lost due to your injury. These might include lost income, sick leave, vacatime time, lost insurance benefits due to missed work, and any other losses due to your injury.
  • The details of your injury, and the ways your injury impacted your day-to-day life. This could include inconveniences and limitations on household and family activities, mobility, leisure activities and sports, and your social life.
  • Permanency of injuries. This includes any permanent disfigurement such as scars or any other disfiguring characteristics. Being marred in a permanent fashion can add a great deal of value to a case.
  • Liability on the part of the defendant.
  • Any fault on your part for your injuries.
  • The laws relating to your case.
  • The credibility and quality of your witnesses, especially those that will testify about the incident, your injuries, and any of your treatment.
  • Any other factors due to your injury such as pain and suffering, inconvenience, and loss of consortium (if the injury affected your marital relationship- that includes both interactive communication and physical intimacy).

These factors above are a few of the many that must be considered in determining a settlement and value of a case. It is important that you and your attorney have accurate records of all documentation to correspond with all of these factors so that you have adequate support for your claim. Because there are so many variables, every case is different. Do not become frustrated if your case takes time. Your attorney only wants the best for you. Your incentives are aligned. Do not feel uncomfortable sharing personal information. Everything you say to your attorney is confidential and protected by attorney-client privilege. The more he or she knows about you, the better.

Who gets to decide how much money my claim is worth?

Your attorney, and your St. George law firm, have expertise and experience in personal injury cases such as yours. Your lawyer will examine all of the factors listed above and discuss a possible settlement range with you.

After your lawyer meets with you to pick a settlement range, he or she will contact the insurance company for the case to present a demand value with the hope that the at-fault carrier will compensate you with an offer inside your range.

Make sure to be aware that you are in charge of the final decision regarding the value of your case. However, your lawyer can make the best recommendation using his or her experience and expertise.

Andrew Spainhower attorney

St. George Utah Injury Lawyer

St. George Utah Injury Lawyer

At McMullin Injury Law, we get it. Many people wonder why people seem to get so much money after a St. George Utah Car Accident? This video answers that question in a step-by-step process. If you have further questions about Utah Injury Law, or need to speak to an Injury Attorney in Southern Utah, call 435-673-9990 for a free consultation. We do everything we can to ensure those injured by the carelessness of other receive all the compensation they deserve.

S. Andrew Spainhower, Esq.

McMullin Injury Law

In Your Community. . . And On Your Side.

what compensation is available after a utah auto accident

What Compensation is Available After a Utah Auto Accident?

What Compensation is Available After a Utah Auto Accident?

Southern Utah injury attorney, Anthony C. McMullin explains the several different categories of damages that may be available to an injured victim after a car accident. If you have been injured in a St George Utah car accident, we hope our free legal resources can help. For more detailed information, please don’t hesitate to give us a call at 435-673-9990. Our team of Southern Utah Lawyers would be happy to evaluate your personal injury claim for you free of charge.

Anthony C. McMullin, Esq.

Managing Attorney

McMullin Injury Law

In Your Community . . . And On Your Side.

435-673-9990