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Dealing With the Insurance Company In Child Accident Injury Claims - Part Two

By Christopher Davis

Republish: EasyPublish™ Published: 20Feb2009 Word count: 747 Viewed: 494 time(s) Get Free Content For Your Site

Here are some of the tactics the adjustor will use to wear down injured claimants so they will accept much less money than what the claim is worth:

1. Using Delay Tactics. The adjustor is a master of using delay tactics to wear people down. He knows that many people (80-90% according to some insurance company estimates) will grow tired of the delaying tactics and simply throw up their hands and say "Enough!" These people will accept the low-ball offer just to be done with the entire unpleasant process.

2. Requesting Unnecessary Information. Yes it's true that the insurance company will need records, receipts, bills, reports and other documentation to support the claim. But sometimes the request for documentation is unnecessary. For example, asking for medical records from 10 years before the accident, or asking for tax returns generated in the same period. That is information that typically is unnecessary and is only requested to delay resolution of the claim. Insurance adjustors know that repeated requests for unnecessary documentation can easily frustrate people and wear them down so they're more likely to accept a low settlement offer.

3. Disputing the Medical Treatment. Despite the absence of any medical training, the adjustor may question the need for treatment or certain procedures or worse: second-guess your own doctor. Many times it does not matter to the adjustor that your treatment has been recommended by a reputable licensed physician.

4. Disputing the Medical Charges. Sometimes the adjustor will only agree to "accept" 70, 80 or 90% of your past medical charges. Again, such an assertion is made without having any medical background to support such a position. When "nickel and diming" the consumer, the well trained adjustor knows that most people will not hire a lawyer to challenge the refusal to pay a small portion of the medical bills.

5. Tell You Not to Hire an Attorney. Other times the insurance company will tell you that hiring an experienced attorney is unnecessary. Sometimes the adjustor will try to prevent you from retaining an attorney by falsely stating that any settlement money you receive will all go to the attorney. Still other times the adjustor may threaten to "deny" the claim if you hire a lawyer. Any time a claims representative tries to steer you away from an attorney this should be your first clue that using an attorney may actually produce a much higher recovery for you (even after deducting the lawyer's fee).

6. Misrepresenting Insurance Policy Benefits. Sometimes the adjustor will misrepresent the amount of insurance coverage that is available to you. Or worse, the adjustor doesn't even tell you that the insurance coverage or certain types of benefits even exist. This tactic may be used to entice you into accepting a smaller settlement than what would otherwise be warranted.

7. Acting as Your Friend. There are times when the claims adjustor will "befriend" you and make it appear that he or she is watching out for your interests when in fact he is not. Sometimes the adjustor will give you advice about the type or frequency of your medical treatment, and then decide later on not to pay for the treatment because it is "excessive."

8. Making False Promises. There are times when the adjustor will make promises to you that he knows can't be met. The adjustor's primary loyalty is to his employer (the insurance company) and to his insured (the negligent party). If the adjustor makes promises "for your benefit," this inherently creates a conflict of interest. Oftentimes the adjustor already knows that a conflict is created by making you a promise to protect your interests, but she knows this is one way to get you to let your guard down and get you to agree to terms that your attorney would never allow.

These are just a few of the tactics that the insurance industry will use to accomplish its goal of getting parents to accept smaller settlements for their injured children. Parents need to be aware that they are dealing with professional negotiators who will utilize a number of different tactics to fulfill the insurance company's primary objective: to settle claims for much less than they are worth. Lower settlements mean bigger company profits. If parents begin to feel overwhelmed or that they are in over their heads, they should not hesitate to consult with an attorney who has expertise in child injury claims.

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