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(314) 500-HURTDo you know all the facts and have you fully investigated the case? Is the insurance company trying to settle your
case at a discount because they say: you are at fault; the impact was not strong enough; they only have to pay some
of your medical bills; your car is worth less than it really is? Are they pushing you to settle the case quickly
while you are still treating for your injuries?
Make sure you are fully informed about the case before you settle. If the insurance claim representative is playing
games with you, do not settle – call a lawyer, at least to verify what is being told to you by the insurance
company.
Discretion is the better part of valor. Verify everything. Regarding damages, make sure you get all your
medical care and fully complete your medical course of treatment. It may be that when you are completely done with
treatment, you still are not 100% and have some degree of disability. It is only after you complete your medical
care and reach your maximum medical improvement that you should resolve your case.
Insurance claims adjusters have training and experience to get the upper hand over claimants. They know how to
negotiate. They are the ones who have the money and are writing the check – the claimant is out money and damaged
and needs the compensation. They know many aspects of the law, damages, medicine and insurance policy provisions.
They know what jurors typically award in typical cases in certain venues. They are not risk averse like a claimant –
they do not mind taking the risk of not settling as much as an injured person minds. They know certain statements
and/or positions to take to get the upper hand in negotiation – they negotiate for a living.
If an agent says you are at fault or partially so, they will reduce your damages. You may have no choice but to get a
lawyer. I have encountered many many times that a defendant makes up a story to sound less at fault in a case. We
have to go to great lengths to prove that falsehood (lawsuit, investigation, deposition, trial) and it can be
frustrating. If this occurs tell the adjuster it is not true and show the police report, other witness statements,
or the improbability of the defendant’s story.
If they say the impact was not hard enough, tell them it was and that all of the force of the impact went to the
front seat where you were sitting. Or, that there was more damage than meets the eye – i.e. you have a steel bumper,
or a collapsible one, or that the other car went under yours, or look at the damage to the other car. If they
arbitrarily cut off paying for your medical care at some point, resist it. You are still in pain and need the
treatment. Go to your primary doctor or an orthopedic doctor to verify the chiropractic treatment. They may say you
should only get medical care for a certain length of time, but that is arbitrary. If they say they will only
reimburse copays or limit your medical, do not agree.
You should be paid for the amount paid to satisfy your bills and unpaid bills in Missouri. You should be paid the
full amount of your medical bills in Illinois. If you have health insurance – the defendant does not get the benefit
of it. Same with sick or vacation pay – you still should get paid for your wage loss even if you had other benefits
of employment, including short term disability, which paid you. Make sure you get paid the full value of your car –
this can be hard. If they offer you less, but you need the money, take the money but do not sign a release and make
sure neither the check nor anything from the insurance company says it is paid in full, a release or prevents you
from further compensation.
These insurance companies will play what games they need to in order to settle as cheaply as possible. So get your
facts straight.
Settling a case is stressful, but it’s important to be prepared with knowledge. Fortunately, we’ve literally written
the book on settling a case and picking a lawyer! Tell ya
what, let me give you a copy.
[wdac-book-form id=”27560″]
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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