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Archive for January, 2022

What You Shouldn’t Say to Insurance Adjusters

Posted on: January 31st, 2022 by Timothy Hendershot
Insurance adjusters are trained to appear friendly, but remember, they aren’t on your side.

Insurance adjusters are trained to appear friendly, but remember, they aren’t on your side.

An insurance company pays a claims adjuster to evaluate claims and establish the insurer’s potential obligation. You should never trust that an insurance adjuster is on your side, even if they appear kind and really concerned about your health and well-being.

The adjuster will, in most circumstances, be deliberately working against you. Insurance adjusters are taught to engage in informal conversations with victims in order to elicit adverse information about their cases. Remember that they work for the insurance company, and their primary purpose is to save money for the company by paying you as little as possible.

You must be extremely careful about what information you share with an insurance adjuster. Say as little as possible. Better still refer all communications to an attorney.

Schedule a free consultation at Cunnane Law in Edmonds WA to discuss your situation. Call or contact us online now.

What You Can Say to an Adjuster

You should not say anything to a claim adjuster or anyone else if you have already hired an attorney. Simply refer them to your legal counsel.

If you don’t already have an attorney, you can provide an insurance adjuster with basic information like your name, address, and phone number. We advise against providing any additional information about yourself, such as your employment status.

Limit the amount of information you share about the accident as well. It is acceptable to provide an adjuster with the time, date, and location of an accident, as well as details about the vehicles involved and any possible witness contact information.

Do not go into detail about how the accident occurred. Even if pressed, refuse to provide a written or recorded statement about the accident.

What Not to Say to an Adjuster

Never admit any kind of wrongdoing or say you’re sorry. Remember that a claims adjuster is looking for reasons to reduce an insurance company’s liability, and any admission of negligence can seriously jeopardize a claim.

Do not say you feel fine, or better than you did, (this is especially important when answering the common first question, “How are you?”). Never mention your current health situation.

Do not speculate about any injuries you believe you may have sustained. If your actual diagnosis is more serious than your self-diagnosis, your statement may present a problem.

Refuse any request by insurance adjusters to make a recorded statement. A recorded statement can sabotage your case.

What Are Insurance Adjusters Looking For?

The primary concern of many insurance adjusters is ensuring that a claim is not fraudulent. In most cases, an adjuster will conduct a physical examination of the vehicles involved.

The adjuster may contact medical providers to determine not only the costs of your medical care, but also whether previous injuries could be used to reduce the value of your current claim.

How Do Personal Injury Adjusters Determine Compensation?

If an insurance adjuster believes liability is clear after conducting an investigation, they may offer the victim a settlement. In almost every case, this initial amount is significantly less than what a victim may be entitled to.

Lowball offers are made in order to close the cases of the most desperate victims as quickly as possible. In more serious accidents, the adjuster may offer a larger sum, but it will still be potentially less than they could receive if they hired a lawyer.

Allow Our Law Firm to Help

For the past 23 years, Cunnane Law has assisted injured people all over Seattle and western Washington in dealing with insurance companies. An experienced lawyer could be extremely beneficial in ensuring that you do not accidentally say anything that jeopardizes your claim. We are aware of their tricks and can assist you in avoiding being taken advantage of. Set up a free consultation by calling or contacting us online.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Mistakes Many Plaintiffs Make in Personal Injury Cases

Posted on: January 28th, 2022 by Timothy Hendershot
Don’t make a painful situation worse. Avoid these mistakes in your personal injury case.

Don’t make a painful situation worse. Avoid these mistakes in your personal injury case.

A fact of the law is that every case is unique. Each personal injury case has its advantages and disadvantages. However, some of the shortcomings can be avoided.

At Cunnane Law in Edmonds, WA, we see clients make mistakes all the time and that’s perfectly fine. Nobody can claim to be faultless. However, many blunders may be avoided if people just understand how the law works and the ramifications of their own actions (or lack of action).

We believe that by knowing some of these pitfalls, personal injury claimants will be able to avoid them and strengthen their claims, allowing them to receive the compensation they deserve.

1st Mistake: Making Things Up, Guessing and Lying

Lying, speculating, and making things up (particularly under oath during a discovery investigation on the stand during a trial) are all cardinal sins! A Plaintiff’s credibility and likeability will be entirely ruined as a result of this. Nobody believes a liar or someone who fabricates evidence. If a Plaintiff does not know or cannot recall the answer to a question, all they have to do is declare “I don’t know” or “I don’t remember.” That is all there is to it. It’s fine to say you don’t remember something.

2nd Mistake: Delay in Reporting by a Plaintiff and Inaction are Case Killers

Benefits from the insurance company don’t just fall from the sky. In order for a Plaintiff or Long-Term Disability Benefit to get the compensation which they deserve, they need to take action! The Plaintiff must report the accident to the police, and to their insurance company. See a doctor to record their injuries and follow the treatment plan. Also fill out benefit forms, and contact a personal injury lawyer. If a Plaintiff simply sits in bed or stays at home all day and does not reach out for help; then they will get nothing.

3rd Mistake: Failing to Seek Regular Medical Attention

The Plaintiff has the responsibility of proving his or her claims in a personal injury case. That means the Plaintiff must show that he or she is disabled or injured to the Judge and Jury. It is not enough for a Plaintiff to testify that they have been injured or incapacitated. This is self-serving, uncorroborated evidence that will be dismissed in trial.

A Plaintiff will need specialists, therapists, and treating doctors to state that the Plaintiff is injured in order to have a successful personal injury or long-term disability case. It is extremely beneficial to have a doctor/therapist with no stake in the outcome corroborate a Plaintiff’s pain and suffering. In a personal injury case, demonstrating that a plaintiff is receiving regular medical attention/treatment is also very useful. It helps debunk the insurer’s standard argument that a Plaintiff has failed to reduce his or her damages. It also shows a pattern in which, despite receiving regular treatment, the Plaintiff is still injured and that those injuries/disabilities are affecting his or her life.

4th Mistake:  Assuming that the Insurance Company Has Your Best Interests at Heart.

Do not for one moment believe that the insurance company will send a Plaintiff to doctors or service providers who are looking out for his or her best interests. They don’t work that way.

Insurance Medical Examinations are intended to create a paper trail to justify an insurance company’s claim that the Plaintiff/Disability Claimant is not as disabled or as injured as they make themselves out to be.

We Can Help with Your Personal Injury Case

Cunnane Law has extensive experience in personal injury cases for people all over the Puget Sound and Seattle area. To get the help you need, contact us today.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

(425) 672-7100