I tell people, only partly in jest, that if insurance companies were fair
personal injury lawyers would be out of business. Instead, they insult, pressure, and often belittle
the people their insureds have injured, trying to get them to settle their
case cheaply and quickly?
Why? It's their job.
It's Simply How Insurance Works
Their obligation is to their shareholders, not to the people filing claims,
though they probably don't think of it that way. Each adjuster has
a supervisor who is virtually standing over their shoulder making sure
they offer as little as possible. The less they pay for the claims filed,
the more thorough their advertising targets the victims, trying to paint
the picture that all claims are frivolous, driven by greedy lawyers.
The opposite is true. To bring a lawsuit and stand up against the attacks
of insurance company defense attorneys takes money, stamina, and a great
deal of time. Litigation is long and life is short, and many people who
are injured prefer not to spend the two to three years it takes to get
to trial, only to be ridiculed by a defense attorney and their hired experts
who are little more than advocates with educational degrees.
I remember one talented plaintiff counsel pointing at the bank of paid
experts brought in the insurance counsel and saying, "More degrees
than a thermometer!" Money will buy that. To equalize plaintiff attorneys
have to scrutinize their own case like a defense attorney, prune away
any parts that can't be supported by evidence and hope the jury will
see through the misdirection and confusion ginned up by defense counsel.
The Truth About How Insurance Companies Handle Claims
Insurance companies don't look at the individual involved in the accident. Even though the law requires that the defendant take their victim as they
they ignore the law. Instead they use computer modeling programs to see how long the "average"
person is injured, or how much the "average" payment is on a
claim like yours. They treat a 90 year the same as a 20 year old, even
though any doctor can tell you that a 20 year old has more fluid in their
joints which act like shock absorbers in an accident. The 90 year old
is taking the same hit, but without the same protection.
Some insurance companies routinely deny small claims because they know
plaintiff's attorney either can't afford or don't want to
waste their time prosecuting them. They just turn them down, making ridiculous
offers, and frankly they don't care if they lose because they know
they won't lose much and will gain more by intimidating the plaintiff.
Contact a Walnut Creek Personal Injury Lawyer Today
Why such a system? Some blame our English heritage and the ancient trial
Two champions were selected by grieving parties and were required to charge
at each other on horseback with iron tipped lances. Whomever was left
sitting on their horse—and alive—was considered blessed by
God. Their cause was just.
We've eliminated the horses and lances, and given the champions briefcases
and laptops and laser pointers. Each advocated has an ethical duty to
zealously advocate his client's cause. Fairness isn't in the play
book. And we hope, just like our forefathers a thousand years ago, that
the victor's case is just.
So when the other guys insurance adjuster calls to "just get the facts,"
he or she isn't trying to be fair or just. They're trying to collect
information so that they can pay less. Always.
Before you agree to a settlement,
contact our personal injury attorney to discuss your options in a
FREE case evaluation. You have nothing to lose.