Massachusetts Personal Injury and Workers' Compensation Law Blog
My colleague in California, Jonathan G. Stein, who is also a personal injury attorney, and a former claims adjuster, was kind enough to share with me the following list of points that you should be aware of if you have been involved in a motor vehicle accident, and how insurance companies try everything to make sure you get as little compensation as possible for your injuries.
10 THINGS INSURANCE COMPANIES DO NOT WANT YOU TO KNOW
1. INSURANCE COMPANIES TRACK EVERY CLAIM YOU ARE INVOLVED IN – Yes, they track EVERY claim, including the amount of your treatment and the amount of the settlement. They track you by your date of birth and social security number. They do not need this information to settle the case, but it provides them with a unique number to track you in their database.
2. INSURANCE COMPANIES ACCEPT CHIROPRACTIC TREATMENT AND SOME EVEN OFFER IT AS A BENEFIT TO EMPLOYEES – Insurance companies offer chiropractic as a benefit to their employees. Despite their complaints about chiropractic treatment, adjusters accept it as reasonable treatment that helps!
3. YOU CAN GET YOUR CAR FIXED ANYWHERE – The insurance company will try to direct you to a place to fix your car. You can get it fixed anywhere. Pick a bodyshop that is recommended by a friend.
4. YOU DO NOT NEED TO GIVE A RECORDED STATEMENT – Insurance adjusters will ask you for a recorded statement. You do not need to give them one.
5. YOU DO NOT NEED TO SIGN A MEDICAL AUTHORIZATION – The insurance adjuster wants to get all of your medical records. It is none of his or her business. You can get your own records and provide them to the adjuster.
6. THE ADJUSTER IS NOT YOUR FRIEND – A good adjuster will try to become your friend. They will succeed if you let them. The adjuster is not your friend. They only care about paying out as little as possible.
7. YOU GET FAIR MARKET VALUE FOR YOUR CAR -If your car is a total loss, you are entitled to obtain the fair market value of your car. This is not set by the insurance company. You are entitled to see the vehicles they are looking at to figure out the price!
8. YOU ARE ENTITLED TO A RENTAL CAR – When your car is a total loss, they will try to limit the length of time that you get a rental car. They have to pay for one for a reasonable time after the accident. Demand your rental car!
9. AN ATTORNEY CAN HELP YOUR CASE – The adjuster will try to talk you out of retaining an attorney. The adjuster will tell you that it does not increase the value of the case. That is non-sense. An attorney can help you maximize your recovery.
10. THERE IS NO FORMULA TO SETTLE YOUR CLAIM – Despite what the adjuster might tell you, and what you will read on the internet, there is no secret formula or book that tells you what your case is worth. Each case has its own value and the insurance companies’ formula is not accurate.