QuestionI was in an auto accident involving a rear end at a complete stop by the fault of a car 3 cars behind me. I had a whiplash/soft tissue damage and my medical bills total 2500. i put 400 miles on my car and lost 1800 in wages. The adjuster told me that because the damage was only 1361 that they can't pay my bills and I will have to use my health ins and they will only give me 1,000. How could they do this?
Answer
Minor Impact Soft Tissue (MIST)
Low impact accident
Soft tissue injuries low property damage
Witness Statements Settle Personal Injury Insurance Claims
Evidence damage car accident
Narrative reports settle personal injury insurance claims
Confidential Personal Injury Diary
Personal Injury Insurance Demand Letter
Myth of the "lawsuit crises" in America
Overview Tort Law Personal Injury Legal Claims
Auto body shop witness car accident damage
Auto body professional report low damage
State Trial lawyers association
American trial lawyers association
Positive Relationship Insurance Injury Claims Adjuster
Dear Tammy,
Sorry to make you wait, but Dr. Settlement went away for the weekend, but guess what: no escape from the heat! Anyway, let's hope I can suggest something helpful for your predicament, and I will put in extra time and effort to bring you some suggestions in exchange for your having to wait until I returned.
You are right to be outraged. This is a terrible settlement offer, and IT IS NOT WELL FOUNDED IN FACT OR IN LAW. But, as you will read below, it is something the insurance industry has been forcing on injured claimants in recent years.
You only asked: "How could they do this?", so I will answer that question, but first I will answer what you did not ask, which is: what should you do next.
What should you do next? Let's get into a bit of background so you can understand why you got the offer you did. That will help us to focus on what you need to do next in order to improve your settlement.
Based upon your minimal property damage, you have been put into a "special" category that makes a lot of money for the insurance industry, but which is not really fair. Learn to like it, because, as discuss below, it is part of our culture—as pushed by the propaganda machines of the insurance industry, and their lackeys, our conservative politicians, both at the state and national level.
The insurance industry saw a way to make billions of dollars a year by their propaganda regarding soft tissue injuries, and our culture bought into it: there is no injury if there is no damage to the vehicle. They have sold the public and juries on equating lack of damage with lack of injury by demonizing and villainizing trial attorneys and those who use them to seek personal injury awards in court—innocent claimants, just like you.
Think of the millions of dollars over the past several decades spent by the insurance industry to convince the public that most people who make personal injury insurance claims are fakes, frauds, and cheats who are out to defraud your "good neighbor" insurance companies out of billions of dollars, and in doing so they are directly responsible for the outrageously high insurance rates that we all have to pay. Mission Accomplished, indeed!
The savings by using this "no crash—no cash" deception has to be in the hundreds of millions of dollars since the cost to insurers annually for whiplash soft-tissue type injuries runs at least $12 billion, and at least twenty-five percent of that is in crashes in which property damage is less than $1,500. If you can write off twenty-five percent of your liability, you stand to save a lot of money—proving that the propaganda efforts paid off handsomely.
This "no damage: in injury" mantra is the big lie, since there is NO CREDIBLE EVIDENCE to prove that a lot of damage is required before an occupant can suffer serious soft tissue injury. There are numerous attacks on this deception that will carry the day in court for the claimant, but those are not going to help you here, since they require an attorney and hiring a specialist to testify in your behalf.
All we can do if we cannot afford to go to court is to argue from the facts and show the adjuster you are resolute. There are eight steps to take, and a ninth one for the good of all injured claimants.
To begin with, vehicle damage of less than $1,000 is usually the threshold for putting a claim into the so-called "Minor Impact Soft Tissue (MIST)" claims segmentation. Once you are in that category, your soft tissue injury will be challenged more than if your vehicle damage were more.
The junk science used to sell the concept of "no damage: in injury" can be debunked by your own experts at trial. But, as the insurance industry well knows, you and those in your situation will almost never spend the time and money to fight for a fair result.
Absent going to trial what can you do? Nine tasks come to mind:
1. Research on the Internet to the point you are convinced that their science is bogus;
2. Learn from your research the trigger point for soft tissue injuries;
3. Marshall all proof you can of the severity of the trauma suffered;
4. Provide a lot of proof of your injuries by using lay witnesses;
5. Consider using a narrative letter from your doctor;
6. Learn about the personal injury insurance claims system;
7. Organize your proofs into a compelling insurance claim demand letter;
8. Let the adjuster know that you are ready, willing, and able to vigorously push your claim through to a successful conclusion;
9. Take on this as a political cause for the betterment of our culture by supporting politicians who listen to trial lawyers, the ONLY voice of injured people. Expose and oppose those conservative politicians who are the beneficiaries of the largesse of the insurance industry inasmuch as they are working AGAINST the interests of innocent victims of negligence by sacrificing people like you in favor of the bottom line of the insurance industry.
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As for task number one above, this will give you the courage and the incentive to go forward and to push your claim to a successful conclusion. It will empower you to correct the insurance adjuster when she tries to categorize your light damage accident as "low impact". Do not let the insurance adjuster use those words. Correct her immediately. Tell her that the impact was not low, only the damage was light because your vehicle was designed to sustain impact without showing damage.
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As for task number two above, your research will demonstrate that MOST SOFT TISSUE injuries occur when the striking car is going less than 15 MPH. Since bumpers are built to withstand 5 MPH with no damage showing, and it is common for a vehicle to sustain an impact of 8 to 9 MPH before there is recognizable damage, your vehicle could easily have sustained a hit of 8 MPH and shown no damage. But your car DID have damage of $1,361. That means there was A LOT MORE IMPACT than 8 MPH. Thus, one can infer from the damages your vehicle did sustain, that the "hit" was FAR IN EXCESS of the 6 to 8 MPH at which the insurance industry concedes an injury is possible.
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As for number three above, you need to develop facts that support the conclusion the trauma was more than they allege by the lack of much damage. There are a number of ways of demonstrating the impact your vehicle sustained.
1. Here are a couple of web pages with a couple of ideas for developing that proof.
Auto body shop witness car accident damage http://www.settlementcentral.com/page0165.htm
Evidence damage car accident
http://www.settlementcentral.com/page0133.htm
2. Study the car itself for proof of the impact. There are three areas just at the bumper that could show the power of the impact. It would be best here to hire your auto body professional (NOT the one "recommended" by the insurer) to go over these with you. Have him make a written report, estimating speed. Do not go scraping the marks on these areas yourself, but let the professional see them first, or along with you. Here is where to look: the bumper surface, the bumper mounts, bumper shock absorbers or bumper pistons. A good hit will have moved that piston and scrape marks will show how far it was pushed in. This is proof of a substantial impact, even with no damage.
3. Have the auto body professional determine whether or not the bumper of the striking vehicle rode up over or down under your bumper. This would be proof of a substantial impact even if light damage resulted.
4. Go back to your recollection of the accident scene and recall two things in particular. First, was there any dirt or debris knocked loose from either one or both cars? If so, make a drawing of the scene and mark where you saw the dirt of debris. Second, detail what damage the striking vehicle sustained. Maybe it did not fare as well as your car. Get this: we have had cases where our client's vehicle suffered only slight damage, but the striking car was not drivable! These two areas of proof can add a lot to your argument that the impact was substantial.
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As for task number four above, you can add lay witness testimony to buttress your proof of injury and how it impacts your life. Just find something to put in your letter. Maybe you did show pains at work and you could use a letter from a co-worker. Witness Statements Settle Personal Injury Insurance Claims http://www.settlementcentral.com/page0196.htm
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As for task number five above, CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling the insurance claims. Especially where the impact is in question, you can bet that the allegations of injury are also in question. Thus, you need to prove your injuries in a way that is easiest for the adjuster to understand.
Have you seen any of the doctors' records that went to the insurance adjuster? If not, it is easy enough to get a copy so you can make sure that everything of importance you discussed is included therein IN READABLE FASHION.
Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in the lives of you and your children in a way that is authoritative.
We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
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As for task number six above, here is some homework to let you know how about the personal injury insurance claims system.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
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As for task number seven above, I want you to be an effective communicator of your demand for settlement. Don't just call up the adjuster and start discussing your demands. Instead take the time to make your own demand letter—that is one step that will really pay dividends for you. I cannot tell whether or not you sent a formal demand letter. But it is best to think about that now if you did not.
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
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As for task number eight above, use effective communication with your insurance claims adjuster. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
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As for task number nine above, this is an important one for both you and the rest of those who will follow you with injuries. You have heard of the so-called "culture war" in this country no doubt; well, your predicament has put you square in the middle of it. Corporate conservative America is pulling out all stops in order to shut down the tort system so that people in your situation will get next to nothing in compensation. We need to fight for the rights of the injured. Here is my suggestion. Contact your TRIAL LAWYER organizations and your state and federal politicians.
I share your sense of frustration, but even if things do not work out in superb fashion in your claim results, you can have some good influence on the system as a whole by letting those in charge know what has happened to you.
In the sense of karmatic solutions (which, in turn, may "earn" you a higher settlement), you could set about to help to right the attacks on the tort system that are designed to poison the jury pool against innocent claimants like you. That is, you could help those on the side of right and justice and the American Way (the trial attorneys!) and fight against those who are propagandizing our nation regarding trial lawyers and those injured victims who use them to access our courts seeking redress.
The insurance industry is the wealthiest in America, and they use OUR PREMIUM DOLLARS to host hundreds of "appreciation reception" fund-raisers for conservative politicians who are in bed with them. Don't you know that their money is the "mother's milk" of political life?
"How could they do this?" is a good question. Well, it starts with a propaganda blitz by that same wealthiest industry in America: the insurance industry—aided and abetted by conservative politicians. They have joined forces to push their agenda for so-called tort "reform" and to poison the jury pool, and that in turn has had a negative effect on the value of low damage claims such as yours.
Do you think that there is a "lawsuit crises" in America? Well, many of your fellow citizens have been drinking the conservative kool-aid on this topic, and so they are going to be suspicious of anyone who comes into court looking for money for injuries. THAT, dear Tammy, tells us that the insurance industry has been successful in lying to Americans.
Here, since you asked "How could they do this?", is the TRUTH about the abuses the Chamber of Commerce and other industry representatives have perpetrated in an effort to poison the jury pool nationwide by stirring up false reports about out tort system. THAT IS WHY THEY CAN DO THIS TO YOU.
"The myth of the litigation crisis: the gloves are off".
"For decades, tort ‘reform’ proponents have been fomenting suspicion of the civil justice system and anger at trial lawyers, who have taken it on the chin for far too long. It’s time trial lawyers fought for themselves and the courts as passionately as they do for their clients."
http://www.atla.org/publications/trial/0607/straub.aspx?UserName=DssF5EjAvHkg+kI...
You could dedicate yourself to doing two things if you really are outraged:
1. Serve as an example for the trial lawyer associations at the national and state level inasmuch as they are the main force fighting the evil that seeks to severely curtail the rights of the injured, and to poison the jury pool.
2. In conjunction with information about the tort "reform" battleground furnished by those organizations, write to your state and federal politicians, including President Bush.
Here is how to do that. First take the time to contact the forces of justice, see Trial Lawyers Associations http://www.settlementcentral.com/links.php (scroll down).
And the Association of Trial Lawyers of America, 202-965-3500, extension 300 for the CEO's office.
Ask for the legislative liaison of each and tell him you have information to feed him so he can go back at that insurance industry effort to propagandize for tort "reform". Tell him you can communicate how hard it is to win a legitimate insurance injury claim.
Tell the politicians about your experience. Make them answer you if there is any legislation that the trial lawyer groups instruct you to write about. Let them know that it is darn difficult to get a fair settlement or jury, which is just the opposite of what the insurance industry is pumping out to the public and to your legislators.
There, now you have a way to appeal to a higher jury, to be of use in this fight for rights you seek to enforce. And even though your efforts may not result in more money for your efforts. you will, however, have a great deal more satisfaction than you do now.
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Good Luck on all of this, Tammy.
Remember these tips, do your homework, print out your evidence, RESPOND IN WRITING, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
