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Walking Through the Accident Maze

By Michael Schafer

Republish: EasyPublish™
Published: 22Sep2009
Word count: 590
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You have been injured in an auto accident. What happens now? The first step is for you to receive the medical care necessary to get yourself better. Until you are recovered from your injuries or have reached maximum medical improvement your attorney will not be in a position to evaluate your case and make a decision as to whether to begin settlement negotiations with the insurance company or file a lawsuit (also know as Complaint).

Before knowing what happens during this process it is important to realize why it is happening. You have been thrown into the middle of a maze without a diagram on how to get out! You were injured in an auto accident. I know you thought you were a victim. Unfortunately, the insurance company does not see it this way. You are now a target. You are at war and the objective of the insurance company is to defeat your claim. The insurance company will use all of the tools at their disposal to show that you were not injured or that the injury was insignificant. They will then try and make you feel as if the accident was your fault. They will also try to make you feel guilty for being injured and asking for money to compensate you for that injury. You have entered into a battle with the at-fault insurance company.

The insurance industry has spent billions of dollars on propaganda to convince the public of false and misleading information about accident claims. The insurance industry is telling us that the legal system is out of control. They are telling us that we need TORT reform because people who file lawsuits are getting big verdicts for minor injuries. This propaganda has help to create a public opinion that a person injured in an accident is out for a free ride that is causing everyone's insurance rates to go up. This "misinformation" spread by the insurance industry has had a negative influence on juries. This has lead to verdicts getting lower and lower over the last several years.

Juries are skeptical of lawsuits. Why did you claim money for "pain and suffering"? Is this claim going to cost them money? They believe the myths spread by the insurance industry. This is a huge obstacle in arguing and achieving a just and fair verdict in your case. Juries will be suspicious of your every word. They do not trust you. They have been taught to look at verdicts as windfalls to the Plaintiff instead of fair and reasonable compensation to the injured. It is more difficult to get a fair and just verdict today then it was ten years ago.

As you probably know the insurance claims adjuster wants to pay you as little as possible, even if you have a legitimate claim that involves a serious injury. Insurance adjusters are trained on how to save the company money. This is not the same as examining a claim and paying a fair settlement. Some insurance companies reward their adjusters with bonuses or promotions based on how much money that person saves the company rather than how many claims are settled. The claims adjuster can save the insurance company money in a number of ways; such as delay, requesting unnecessary information, disputing medical treatment, disputing medical charges, telling you that you don't need an attorney, acting like your friend and making false promises. These tactics are often successful. Keep this in the back of your mind as you walk through the auto accident maze.

About The Author Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".

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