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Archive for March, 2008

Insurance Fraud and the Special Investigation Unit (SIU)

Insurance adjusters often refer claims to the SIU unit to review “suspicious claims”. The suspicion can really just about anything. If the stories about the claim do not match up then this adjuster will take other statements and probably meet face to face to ask more detailed questions.
Having a claim referred to SIU is not [...]

How does an adjuster evaluate an injury?

An injury claim is evaluated in different ways by different insurance companies. The common theme however is that insurance adjusters will be looking to buy your claim for less than what a jury would award you.
They will only look at the injury to find evidence that would add or subtract value in a court of [...]

My dog is a total loss?

Believe or no this happens often in almost every jurisdiction in the US. Dogs are considered property and therefore are subject to the same depreciation that other property has. If the value to fix your dog is more than its actual cash value the day of the accident, then Fido is a total loss!
The insurance [...]

Pain and suffering. I am entitled to this type of compensation?

Pain and suffering is a type of damage that you can claim in the case of bodily injury. The injury must exist. If you are in a car accident, but there is no injury then there would not be compensation for pain and suffering.
In addition, the injury must be caused by someone else’s negligence. If [...]

Can you get the video of your car accident?

Can you? Did you ask? In today’s world technology seem to be advancing way more than we think. It seems that with video cameras as cheap as $15 everyone can afford one. Pretty much every parking lot today has some kind of security camera recording 24 hours a per day. The chances of being able [...]

Permanent injury, How Much?

Permanent injuries are not difficult to identify (you have a broken bone), but their value could be very hard to determine. Many injury lawyers will tell you that you must have legal advice before attempting to settle their value. The question then becomes, does the attorney decides what your permanent injury is worth? Or does [...]

This accident is driving me crazy! Psychological injuries

Isn’t an accident a pain on the neck? Doesn’t an accident affect your life style so much that your added stress can drive you crazy? The answer is yes.
You can claim Psychological injuries for the accident, but most jurisdictions require certain things so this claim ca be successful.
First you must be physically injured to be [...]

Should I give a recorded statement?

This is a question that comes up often, so I thought I would give you my two cents on that issue.
Once there is a car accident you will have claim adjusters calling you to give a recorded statement. They will tell you that they need this to continue the “investigation.” Since when an investigation has [...]

What is soft in soft tissue injury?

This is a very interesting question. Insurance adjusters seem to just call everything a soft tissue injury. They name alone would suggest that since the injury is soft, there should not be much value in this type of injury. But really what is soft?
Medically I cannot answer what is a soft tissue injury (neither can [...]

When are you entitled to loss wages in a vehicle accident?

Vehicle accidents could be very hard to deal with, especially if you are missing work. We all know that dealing with insurance adjusters is not a very pleasant experience. Trying to document a claim can take a long; sometimes talking to an adjuster can take well over one hour. Are you entitled to payment for [...]

Duty of Good Faith? What’s that all about?

The duty of good faith and fair dealing applies to all insurance companies and in the United States. They have duties codified in every state statutes. All states are very similar since these duty arises the same place, the second restatement of contracts.
There are duties that insurance companies must fulfill when dealing with the public. [...]

What kind of damages can you recover for when you are injured?

When you are involved in a car accident, you can collect payments for your bodily injury. Most of us have heard the terms pain and suffering. However, the law has divided damages into different categories.
When seeking compensation for injuries, you are really seeking “compensatory damages”. Compensatory damages objective is to put the injured party back [...]

Car Accident and Future treatment?

So you have an accident and the claim adjuster only offer you a pitiful offer for your pain and suffering. How can you affect the negotiations? One effective way is to remain the claim adjuster of any future expenses that you will need. Even if you are in a minor accident, it is very possible [...]

Does your spouse have a “loss of consortium and/or sexual activity claim” due to a car accident?

Loss of consortium is the claim attorney’s use to seek compensation for the loss of companionship, advice, and sexual activity. The interesting thing is that his claim is not made by the injured party but by the spouse or child(ren) of the injured party.
The legal relationship must be present. The spouse must be legally married. [...]

So you want your car totaled?

Someone hits you and you do not want the car fixed. The damage is so severe or questionable that you are wondering if the vehicle would ever bet the same?
Insurance companies are notorious for telling their clients that vehicle body shops will put the vehicle to the same position that it was before. I [...]