CNN Investigation Exposes How Insurers Mistreat Accident Victims

Two CNN reporters did an 18-month investigation of how insurers handle car accident claims. Their findings were troubling, but no surprise to anyone who has been victimized by insurance industry tactics.

The report focused on common types of car accidents -- fender benders that cause moderate damage and injuries to the victim's soft tissue, which are hard to see and hard to show by medical examination or x-ray. The report found that insurance companies often:

• delay handling your claim,


• deny that you were hurt, or


• cost you money by forcing you to go to court.

The reporters even obtained an insurance company's training manual which told claims adjusters to try to force small settlements.

A former adjuster told CNN she used these tactics, sometimes offering poor victims as little as just $50. The adjuster knew poor people would take small settlements, fearing that otherwise they would get nothing. An insurance company lawyer admitted the company's strategy was to make fighting the company so costly and time-consuming that even lawyers would not be willing to fight for clients.

According to the CNN report, these tactics have forced accident victims to settle and walk away from billions of dollars, letting insurers keep these amounts for themselves.

Another former employee told the CNN reporters that insurance companies profit from using these practices; that the profits are good and as long as the public lets this occur, insurance companies will get richer and people will not get fair and reasonable settlements.

Insurance companies naturally deny using these tactics. But many people feel they have been victimized twice. First in a car or other accident. Then when a claim is submitted and the insurer wrongly delays and denies the claim, offers only low-ball settlements, and runs up the victim's cost by forcing the claim to court. CNN's investigative report tends to show this is true.

Don't be a victim of unfair insurance company practices. after a car accident, consult your lawyer about your rights to make a claim, and about fair value of your claim. Getting a lawyer's help with your insurance claim can help you get a larger and faster settlement. If the insurance company won't make a fair settlement, your lawyer can advise you on your rights to pursue a claim.

Read the full article at CNN.com: http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html

After An Accident: Don't Make These Mistakes!

If you have been in an accident, what you say and do after it can affect your compensation. Here are some common mistakes accident victims make, and how to avoid them.

Handling a personal injury claim without a lawyer's help.

After an accident, an insurance adjuster will likely try to convince you not to use a lawyer, saying a lawyer won't get you more money. But handling your claim alone can be a big mistake. Adjusters work for the insurance company, not you, and they say this so the company can pay you less money. Studies show accident victims receive more with a lawyer's help. So don't make the mistake of believing adjusters who say a lawyer won't increase your compensation.

Giving statements to adjusters without consulting a lawyer.

After an accident, an adjuster may try to get taped statements from you. Adjusters are trained to get people to make damaging statements, and anything you say will be used to lower your compensation. So don't make the mistake of giving a statement to an adjuster without consulting your lawyer.

Signing insurance company documents without legal advice.

Just as adjusters try to get you to make damaging statements, they may also try to get you to sign documents that help the insurance company. These documents could effectively end your claim for little money. Don't make the mistake of signing documents without consulting your lawyer.

Waiting to seek legal help.

The longer you wait to get legal help after an accident, the harder it can be to find evidence and witnesses. If you wait, you also risk losing your claim because the deadline for making claims may expire.

Settling too fast, before all your injuries are known.

Many accident victims think they suffered only minor injuries and accept a fast settlement. Later, they discover their injuries are worse than they thought, but they can't get more money. Since many injuries take time to develop, don't make the mistake of settling your claim before knowing the extent of your injuries.

These are some mistakes accident victims make that hurt their case. If you have questions about what to do after an accident, call us at 1-800-339-3332. Seeking legal help promptly will help you avoid these and other mistakes.

Have you suffered from a personal injury? Review this checklist to ensure you've taken all the necessary first steps

• Write down anything and everything about the accident: This may include information about the actual accident, people, places or things involved, your injuries, any damages or losses as a result of the accident (including wages), diagrams, and any other information pertinent to the accident. Be sure to exchange names, addresses, phone numbers, driver's license numbers, insurance companies and policy numbers with the other driver.
  


• Take notes on your thoughts, feelings, and conversations immediately after the accident: Jotting down these things immediately after the accident will be extremely helpful in the long run when trying to put together the facts of the case. Additionally, recording these immediate reactions and things you hear others say regarding the accident will prevent external factors from altering your recollection of the accident.
  


• Gather all the evidence: Document and take pictures of your injuries, and take pictures of the scene of the accident, as well. This serves as concrete evidence, and therefore cannot be disputed. Additionally, revisit the scene within a day or two of the accident. Immediately following the accident things tend to be hectic and important pieces of evidence may very well be overlooked. By revisiting the scene you may come across crucial evidence.

• Locate witnesses: Locating and getting the contact information of witnesses at the scene is imperative and may help your case. These witnesses may confirm your statements as well as provide additional information in your favor that you may have been unaware of. However, make sure these witnesses are contacted very shortly after the accident. Witnesses, too, may forget crucial information regarding the accident, or their memories may be altered. Contacting these people immediately will ensure they give you an accurate, unbiased account of the accident.
  

For more information regarding personal injury, please visit http://www.nolo.com/article.cfm/pg/1/objectId/A91ED912-D240-4BED-9C05E4DF0D1B9365/catId/8FA0132B-91C2-4773-828573F2D3D58DFA/104/199/215/ART/