Thursday, September 7, 2017

Insurance Adjuster Scare Tactics

An Insurance Adjuster just forwarded me photos of my client's vehicle post crash.  My client drives a massive Ford Expedition.  The defendant was driving a Dodge Durango.

The wreck happened a few weeks ago and there isn't a reason for the insurance adjuster to send me these photos other than to infer that the wreck wasn't bad and thus my client cannot be hurt.  Its a cheap scare tactic.  Interestingly, the insurance adjuster did not send me any photos of his insureds vehicle.

The impact was to my clients trailer hitch and absolutely destroyed the other car.  If you just look at my clients vehicle it doesn't look bad (structural damage underneath)...which is why the insurance adjuster only sent me those photos.  I asked him for photos of his insureds vehicle and he said he didn't have any.  I then asked him for a copy of the body shop repair estimate on his insureds vehicle.  No surprise, he didn't have that either.

I have photos of the vehicle that hit my clients Expedition.  I just sent the photo to the insurance adjuster :)

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Brian R. Dettman

Wednesday, September 6, 2017

Mediation Low Medicals

I went to a mediation yesterday with a client I really like and a mediator that usually gets cases resolved.

My client was rear ended on I-264 in his F-150 by and F-150 and catapulted into an F-150.  You read that right.  Three F-150's involved in the same crash.  This is Louisville.  The Defendant driver had just received a text from his wife and was looking down.  My client has four children and a wife.  He doesn't have the option of not working for a living.  As a result, he only had 8.1K in total medical expenses because he didn't have time to go back and forth to doctors...despite the fact he was hurt.

I find that if my clients have "high" medical expenses the other side will argue they "over treated."  If the medical expenses are "low" I hear "they weren't that hurt."  Doesn't make sense from my perspective, but those are the arguments.  My client also had to work to make a living so I expected and received "if he is that hurt how can he work."  The response is obvious"people have to make a living to feed their families."

This particular case had a defense attorney that I liked working with.  She gets that we don't all have to be at each others throats and can sometimes get more done for all of our clients by working together to resolve the case.  Two hours into the mediation we had reached a standstill.  The defense lawyer found a way around the standstill and I was impressed.  

The insurance company originally offered him 4.5K.  I thought they mixed up their files.  I filed a lawsuit and they came up to 9K.  Yesterday the case resolved after a year of litigation for 24K.  Client was happy so I'm happy.

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Brian Dettman