Your doctor or chiropractor has released you from treatment for your car accident and enough time has passed for you to be about to sit down with the Henry Hard-Nose adjuster. His employer is Rock Solid Insurance, the company that insures Fred Fuddle, the guy who crashed into your butt, crushing you in a tremendous crash that was responsible for your injuries plus the “Pain and Suffering” you’ve endured.
In order to receive adequate compensation for what you’ve been through, you must have accumulated what is known in the insurance claims world as “special damages.” Those are your medical bills, your lost wages plus every dollar paid to help you with your recovery. When building the value of a personal injury claim, there are several key elements to consider:
LIABILITY: In the vast majority of car accidents it is clear who was at fault. Assuming you’ve been rear-ended badly by Fuddle (rear-end collisions account for more than half of the car accidents that occur in the United States each year), yours is a case that needs to be solved. (Final statistics show that in 83% of the accidents that occurred in 2003 it is clear who was at fault)!
The very dubious liability case has little or no settlement value. If that is the situation, you should get the services of the local Legal Beagle who does a good job at it, Lawyer IM Greedy. But, if he does, be very careful when you sign Greedy’s “Contingency Fee Agreement.” Read it closely. Don’t sign anything that allows them to charge you a penny other than your normal rate. Do not–by no means–let him take any money from you, for his out-of-pocket expenses. All Greedy should be compensated for (if he succeeds in losing any of Rock Solid’s money) is his fee and it should be no more than the generally accepted locally posted percentage of the total recovery.
TYPE OF INJURY: If there are serious injuries (accounting for only ten to fifteen percent of all auto accidents), you should obtain the services of an attorney. But, if you’ve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it’s clearly not your fault), you can handle and settle the claim yourself.
KIND OF PERSON YOU ARE: Rate yourself and be brutally honest. You are most likely an average motor vehicle owner/driver leading a normal life. But, if you’ve spent any time behind bars, have a criminal record, or a history of character flaws that often get you into trouble with local law enforcement (and this is well known), you should be aware of those facts. by forming expectations about what your case is worth.
THE KIND OF PERSON FRED FUDDL IS: The better Fred Fuddle looks, or the “entity” (Fuddle’s business or company, etc.) looks, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, they’re in deep “stuff.” On the other hand, if Fuddle is a well-liked philanthropist, that may be to Rock Solid Insurance’s advantage. Or if the vehicle that hit him was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, which may be to Rock Solid’s advantage.
But, if the “entity” that hit him was a dilapidated junk heap on wheels operated by Fred “Goof-Ball” Fuddle, and the named insured is The Fuddle Rotted Cow Manure Corporation, that’s obviously not going to be favorable for Rock Solid.
DAMAGES: There are “special medical damage” expenses, “special non-medical damage” expenses, and/or your “property damage” expenses.
SPECIAL MEDICAL EXPENSES FOR DAMAGE: These typically include the cost of ambulance, emergency room, hospital and/or clinic charges, chiropractor and/or dentist, over-the-counter and/or prescription drugs, laboratory fees and services, Diagnosis: X-rays and CT scans, prosthetic devices or surgical devices (cranes and crutches), physical therapy, registered and/or practical nurse fees, bandages, gauze and adhesive tapes, heating pads, creams, lotions, salves, balms and ointments .
When it comes to listing your “expenses” for special medical damages, don’t overlook a single dollar because, when it comes time to settle your claim, that dollar can increase the value of your “Pain and Suffering” payment by a multiplier. of four. or even five! (Yes, that means a $20.00 bill can be worth $80.00 to $100.00 more, in your pocket, from Rock Solid Insurance, at settlement.)
SPECIAL NON-MEDICAL DAMAGES: Typically include lost wages and income, lost vacation time and/or sick leave, travel expenses (car rental, public transportation, expenses incurred to get to and from your chiropractor and/or hospital and/or physical therapy) treatment” of some kind) Incapacity Home Help and/or Child Care. Be sure to get written proof of such “non-medical” special damages.
LOST WAGES: Lost earnings, because you were unable to work, is an area where adjusters take terrifying advantage of the typical claimant because they know so little about it.
Commissions and overtime can make a big difference in lost revenue. Be sure to get a letter from your employer, on their official letterhead, explaining this in detail. Or, if you’re self-employed, get this information on your accountant’s letterhead.
Time away from work (hence, money you may have lost) is calculated and this item makes up what is known as “Lost Wages” or “Lost Time Verification”. In most situations, you are entitled to compensation for lost time and profit, even if you don’t have an actual loss of money! Like, for example, when your salary is paid for by your employer’s insurance coverage, or by taking sick leave, or some similar arrangement.
Even if you are salaried, you must obtain a written “Loss of Earnings” or “Verification of Lost Time” on your employer’s letterhead.
IF YOU ARE SELF-EMPLOYED: To prove your loss of earnings, you may need to collect inside information for Hard-Nose. If you don’t like the idea of having private documents presented to you, in the privacy of your home or office, just think how you would feel having them presented in the non-private setting of a courtroom. When a case goes to trial, and you want to prove your damages to collect proper compensation, that is your only option.
TWO CRITICAL AREAS REGARDING LOST WAGES: Did the injury necessitate a job change or employment at a slower rate? Or did the injury allow you to go to work but only part-time? If the answer to any of the questions is “Yes,” it would be wise to ask your employer to document these facts on their letterhead.
IT’S CRITICAL THAT YOU KNOW: Even if you’ve been paid while you were out of work, you can still figure time lost from work as “Lost Wages” .
PROPERTY DAMAGE EXPENSES: Generally include motor vehicle repair, damaged clothing, broken glass, replacement car rental cost, towing and storage. Make copies of all bills related to any of your property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose dive into “Talking Turkey.” Photocopies are enough to give you.
YOUR AGE: Due to their apparent innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their late teens and 50s fall into a fairly normal category because they are generally considered to be at the height of their physical stamina. Those over 60 generally do very well; mainly due to the sympathy that is often invoked, from a judge or jury, due to general attitudes towards frailty and the elderly.
THE MOST IMPORTANT THING TO REMEMBER: The information Hard-Nose places in your file plays an important role in the final value of your claim. Never underestimate the importance of their impressions and conclusions! If, one day, your case ends up in front of a judge or jury, what Hard-Nose feels, observes, and then reports in your Rock Solid file about yourself, your insured Fred Fuddle, and/or potential witnesses, etc. , (in addition to the information you’ve documented for him) could have a huge influence on the value of his claim, especially if Fuddle is a loser and dead wrong. At that point, the only thing stopping a deal is the amount of money it will cost to get rid of you.
And, if your file ends up in the hands of Rock Solid Insurance’s local defense attorney, all the positive factors about you, your injury, and liability, will make him gasp: “Hey, what’s going on here? My legal fees will be higher than the hundreds of dollars more you can throw this one away for.”
The bottom line: Your properly recorded and submitted out-of-pocket expenses, properly documented injury information, and clearly stated lost wages will seriously increase the dollar value of your personal injury claim.
QUESTION: How does Dan know this is true? ANSWER: “Because for 38 years Dan was right there where he saw and did that”!
Copyright (c) 2005 by Daniel G. Baldyga. All rights reserved
DISCLAIMER: The purpose of this “How To” insurance claim article “PUTTING VALUE IN YOUR PERSONAL INJURY CLAIM” is to help people understand the auto accident claim process. Dan Baldyga does not make any warranty of any kind, NOR is it intended to render any professional or legal service, NOR is it a substitute for an attorney, insurance adjuster or claims consultant, or the like. Wherever such professional help is desired, it is the RESPONSIBILITY OF THE INDIVIDUAL to obtain such services.
Dan Badlyga has published 3 insurance claim “How To” books, the latest being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How to Evaluate and Settle Your Loss) which can be found on the internet at http://www.caraccidentclaims. com or http://www.autoaccidentclaims.com.
This book explains, in simple language, “How to” handle your motor vehicle personal injury and/or property damage claim. It also contains BASE (Baldyga Car Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the “Pain and Suffering” you endured – – due to your car accident injury!