Sep 4, 2022
| By Anthony Milano
| Read Time: 24 minutes
Negotiating a Settlement With State Farm: Insurance Claim Tips & Tactics Here we will cover settlement negotiating tips and secrets State Farm adjusters don’t want you to know in order to maximize your bodily injury settlement, including answers to frequently asked questions regarding State Farm car accident settlements. Overview of State Farm Claims State Farm is the largest insurance company in the United States (by direct premiums written). With their massive marketing budget, they’ve attempted to convince consumers that like a good neighbor, State Farm is there if you ever need them. However, the over the years, their policyholders would likely disagree with their well-known tagline. Playing Hardball State Farm lead the charge in overhauling the handling of auto insurance claims with their internal company philosophy of the Three D’s—DELAY, DENY, DEFEND. Even when presented with valid claims, they decided to unnecessarily delay the handling of these claims by taking their time in investigating and ultimately determining liability on those that were valid. They’d also deny valid claims, leaving the claimant with the only choice of going to court. And they’d aggressively defend these cases throughout litigation. What this all meant for State Farm was more time to hold the premiums in their hands so that they could maximize the investment income on this money. What this meant for their insureds and claimants was frustration, wasted time, and countless lawsuits filed. In an 18-month CNN investigation, it was found that State Farm (along with Allstate) employed a hardball scheme in minor-crash claims, including employing the Three-D’s, convincing juries that these claims were fraudulent, and treating claimants unfairly. Documents CNN obtained in the investigation highlighted that this scheme was purely for profit and was not to crack down on fraud, as State Farm had claimed. Fighting State Farm’s Delay, Deny, Defend Strategy You don’t need to fall victim to State Farm’s strategy to avoid paying or undervaluing your auto accident injury claim. The following 10 tips will help in fighting back and avoid being a casualty to State Farm’s Three-D’s strategy: 1. Get Medical Treatment Immediately If you’re injured, you need to seek medical treatment as soon as possible. Preferably go to the emergency room by ambulance. Now is not the time to be cheap. Of course, you only want to seek medical treatment if you’re injured. Don’t go faking your injuries. State Farm will find you out (see #7 below). If you’re not initially in pain immediately after the accident, that doesn’t necessarily mean you’re not injured. When your adrenaline is rushing through your body after an auto accident, many times you are numb to pain. You may wake up the next day or several days later stiff, sore, or with limited range of motion in your back, neck, or limps. You can go to an emergency room or urgent care later down the road but as time passes, it’ll be more difficult to prove that your injuries were caused by the accident. State Farm certainly gives claimants a hard time if there are substantial gaps in medical treatment. Don’t let this happen. Get to the doctor (this includes the chiropractor)! 2. Do Not Give State Farm a Recorded Statement State Farm is notorious for asking for a recorded statement from claimants. DO NOT GIVE A RECORDED STATEMENT! There is no requirement under the law that you give a statement to the other driver’s insurance company. I will preface this by saying do not give a recorded statement to State Farm if they are the insurance carrier of the at-fault party. If they are your insurer and you’re making a claim under your uninsured/underinsured motorist coverage, PIP, Medical Payments, Collision, or Comprehensive coverages, then you’ll need to talk to them. But be very careful in talking to them. Although they are your insurance company, this is where things become adversarial. It’s probably best in this scenario to discuss your case with a car accident lawyer prior to talking with State Farm. 3. Reject State Farm’s “Nuisance” Offer A “nuisance” offer is an offer made by an insurance company to quickly settle a case for an absurdly low amount to make the claimant go away. These offers range anywhere from the low hundreds to low thousands. Sometimes they may even offer to pay your emergency room bill or a few visits to the chiropractor, at a reduced amount, of course. Reject these types of offers! If State Farm is offering you any money for your bodily injury claim, they likely have more to offer, if you can prove your case’s damages to them. By “damages,” I mean medical expenses, lost wages, and any general damages, including pain and suffering. On many injury claims, specifically those with soft tissue injuries, State Farm assigns the claim to a team. This means State Farm is placing a low value on your case. These team adjusters typically have very low settlement authority and will try to get the case resolved as quickly as possible before the claimant gets a lawyer involved. Before any offer is accepted in writing or over the phone, make sure you at least talk to a car accident lawyer. They always give free consultations and if you hire one, you will not have to pay them anything up front. They’ll only get paid if they are able to win your case. One more thing: if you settle your case by signing a release or accepting an offer orally, it will be extremely difficult to get out of it. Remember a settlement is final! Trying to get State Farm to pay you more money after you’ve settled with them will be futile. 4. Know the “Eggshell Skull Plaintiff” Doctrine State Farm, like the vast majority of insurance companies, ignore this important legal doctrine. Not only do they ignore it, but they try to turn the tables on the claimant when it comes to preexisting conditions or injuries. So, what is the Eggshell Skull Plaintiff doctrine? It’s a common law (judge created) doctrine...
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Jul 30, 2022
| By dagmar
| Read Time: 9 minutes
If you’ve suffered an injury in a car accident, you likely have significant medical bills and expensive repairs to your car. You should be focused on healing, not on fighting the insurance company for the compensation you’re rightfully owed. At Milano Law Group, we know how important it is for you to get just compensation, and we want to advocate zealously on your behalf. Types of Accidents We Handle Our legal team is experienced in handling many different types of accident claims. While you focus on resting and recovering, our attorneys will deal with the insurance company to get you a top-dollar settlement. We’ve handled many types of cases, including: Rear-end collisions T-bone and side-impact collisions Head-on collisions Sideswipe accidents Rollover accidents Single-vehicle accidents Multi-vehicle accidents Commercial car accidents Common Causes of Car Accidents We never mean for accidents to happen, but they do. There are a few common behaviors that lead to car accidents: Distracted driving – Distracted driving is the top cause of car accidents. Most often, people think of texting and driving when distracted driving is brought up. Texting and driving is a major cause of distracted driving accidents, but there are other ways that a driver can become distracted, such as eating, talking to passengers, or changing the radio. Speeding – Many people drive over the speed limit, but doing so drastically increases your odds of being in an accident. By speeding, you cut down the time you have to react, which means you’re more likely to get in an accident. Driving under the influence – Operating a vehicle when you are under the influence of any drugs or alcohol may cause impaired judgment and slower reaction times, which can lead to accidents. Failure to follow the rules of the road – Accidents are often caused by drivers who don’t follow posted road signs or traffic lights. Always be alert to the signs around you and make sure to always stop, yield, and go the right way in traffic, especially at busy intersections. Tailgating – When you fail to maintain a safe distance from the car in front of you, you run the risk of getting in a rear-end collision. Common Injuries From Car Accidents Unfortunately, car accidents often lead to serious injuries. These injuries may involve hospital visits, surgeries, and multiple follow-up doctor visits, all of which can be expensive. Some of the most common injuries resulting from car accidents are: Brain injuries – Traumatic brain injuries, also called TBI, occur when the brain is damaged by an impact to the head. Car accidents are the leading cause of these types of injuries. Spinal injuries – The impact from a car accident can cause injuries to your spine. Unfortunately, spinal injuries can be incredibly severe and can lead to paralysis, either partial or total. Neck injuries – Whiplash is one of the most common injuries from car accidents, especially in rear-end collisions. Whiplash can happen at speeds as low as 15 mph, which is part of the reason it is so common. Internal injuries – Internal injuries, like internal bleeding, can be caused by car accidents and frequently need emergency treatment. Burns – Vehicles contain gas, oil, and hot surfaces. After accidents, it is common for the victims to suffer severe burns, some of which may require surgeries or skin grafts. Breaks and fractures – From collar bones to ribs to legs, breaks are all too common in car accidents. Some breaks or fractures may simply require a cast, while others require surgery and have lengthy recovery times. PTSD – PTSD (Post-Traumatic Stress Disorder) can also occur from severe car accidents. Accident victims may require mental health treatment after the accident to help with PTSD. No matter what your injury is, you deserve compensation. Let us help you get top-dollar compensation to cover all of the medical expenses associated with your injury. Steps to Take After a Car Accident If you or a loved one has been involved in a car accident, there are a few things you can do to ensure your safety and make sure you have the evidence you may need to get compensation for your injury. Step 1 – Seek medical attention. Remember, your health and safety are both number one. Make sure you seek appropriate medical attention. Even if you don’t think your injuries are severe, you should be evaluated by a medical professional. Many injuries, like whiplash, take time to show symptoms. Step 2 – Call 9-1-1. Let the dispatcher know you’ve been in an accident and stay at the scene until the officer arrives. Even if the accident is minor, you should still call the police and get an accident report. You may not know the full extent of your injuries or the damage to your vehicle on the scene, and an accident report will be critical if you need to pursue legal action. Step 3 – Exchange information. If you’re able, get the information of anyone involved in the accident. From the other driver(s), you’ll want to get their name, license plate number, contact information, and insurance information. If there are any witnesses, be sure to get their contact information as well. Your attorney may need to speak with them about what they saw. Step 4 – Collect evidence. Make sure to take photos of the damage to your car, the other cars, and any visible injuries. If you can, leave the vehicles where they are until the police arrive. If it is unsafe to leave the vehicles, try to snap a few photos before you move them, so there is photographic evidence of the scene. You should also write down everything as you remember it. Your memory will fade over time, and you want to have the most accurate details written down. Step 5 – Don’t talk about the accident. Accidents are traumatizing experiences. You may be frustrated at the other driver or upset about your injuries. That’s understandable, but try to avoid talking about the...
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Jun 30, 2022
| By dagmar
| Read Time: 9 minutes
If you or a loved one has been in a car accident and you’re looking to get compensation from the other driver, there are many pieces of evidence you’ll want to have to show that the other driver was at fault. One of these documents is the police report of the accident. The police report will need to be provided to your attorney and to your automobile insurance company so the appropriate damages can be pursued. Why Is a Police Report Important? As mentioned above, you’ll want to show that the other driver was at fault for the car accident and any resulting injuries. A police report is one of the most useful ways to prove fault because it generally includes detailed observations from the officer who was on the scene. Helpful evidence that is commonly included in a police report includes: Facts about the scene of the accident – These can include information about the weather conditions, the time of the accident, the location of the accident, the position of the vehicles immediately after the accident occurred, and whether or not the other driver was issued a ticket or violation. Witness reports – When an officer arrives at the scene, they generally look for people who witnessed the accident and take their statements. These witness statements are helpful to show what happened leading up to the accident and the circumstances around which the accident took place. Since there often isn’t video evidence of exactly what happened, eyewitness accounts can be critical in determining who was at fault. The officer may also include their opinion of who was at fault in the accident. Information about the other driver – The police report will also include information about the other driver, such as name, contact information, insurance information, and the make and model of the driver’s vehicle. Are Police Reports Required After a Car Accident in Texas? A police report will not always be required by law, but it is still a good idea to get one, as you never know what injuries or damages will show themselves down the line. Under Texas law, if the accident caused over $1,000 of property damage, injury, or death, you will be required to report the accident and file a police report. Even if you don’t think there is $1,000 worth of damage, it is a good idea to report the accident and get a police report. You can’t be sure of the exact amount of the damage or the full extent of any injuries, so you’ll want to cover your bases. A police report will be crucial if you decide to file a personal injury or accident lawsuit or if you need to deal with insurance companies. The police report is considered an unbiased account of what happened at the accident, so it is relied on by juries, courts, insurance companies, and any other involved party to help determine what took place and who was at fault. It’s important to note that Texas law provides you with 10 days to report the accident and file a police report. If a police officer cannot come to the scene of the accident, you’ll want to get on the Texas Department of Transportation website to fill out a crash report form, also called a CR-3. It is recommended that you fill out the form as close to the accident as possible. Doing so will allow you to provide the most accurate information. The information you’ll want for the crash report includes: A detailed description of the location of the accident, including the town, state, street names, and nearby intersections The date and time of the accident A detailed description of the vehicles involved in the accident, including make, model, year, license plate number, and vehicle identification number if you have it A detailed description of what happened from your point of view (Every driver’s account of the accident will differ based on their perspective, but it is important that you do your best to provide a truthful, accurate description of the events.) A detailed description of any injuries you suffered from the accident A detailed description of any property damage caused by the accident If you are unable to file a police report, you should still make sure to document the accident as best as you can. Make sure to take down pertinent information about the other driver, such as name, contact information, and insurance information. Use your phone to take pictures of the vehicles prior to moving them. Doing so will allow you to document any other conditions that may have impacted the accident, such as poor weather conditions or disrepair of the road. If there are any witnesses, try to speak to them and get their contact information. Get Your Police Report Since the police report is such an important document, you want to make sure that you get a copy to provide to your personal injury attorney and your insurance company. The steps to getting an accident report may vary depending on your location. Under Texas law, not everyone is entitled to see police reports due to the confidential information many of them contain. Only individuals who are directly involved in the accident or individuals with proper interest are eligible to request the full, unredacted police report. Those individuals include: The owner of the vehicle in the accident The authorized representative of someone who was involved in the accident The parent, guardian, or employer of a driver involved in the accident Any individual who is financially responsible for a vehicle that was involved in the accident Any individual who may bring a lawsuit because of the death of someone involved in the accident An insurance company that has issued a policy covering a vehicle or person who was involved in the accident A qualified radio station, television station, or newspaper If you fall under one of the criteria above, you can request a copy of the police report. Some locations where our clients...
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