Blog

11

Mar

2010

Challenges For Law Firms and Attorneys When Client Often Speaks With an Insurance Adjuster and Almost Kill His Case

The Insurance adjusters work for insurance companies; they do not work for attorney’s client. It is their job to save money for the insurance company. They have no motivation to get you the most money possible. They are not your friend, even if they try to act like it.


Usually, the client has to report it to your own insurance company, and if the at-fault driver does not have insurance then the client has to make a claim against his own insurance company. If that is the case, then you do have to “cooperate” with his own insurance company. But you are under no legal obligation to talk to the at-fault driver’s insurance adjuster.


Most people do not know “the law”. They think that they have a good case and the other side will pay fair compensation. However, very often there are legal potholes and hurdles that must be navigated in order to obtain a fair settlement. Insurance adjusters will try to get you to step into these potholes when Clients give their statement. Unaware of the fact that whatever they say is recorded and can be used against them later.


Let us say that the Client has given 20 minute statement that supports his case entirely, except for one sentence. The adjuster will then cherry-pick that one sentence and uses it against the Client. If the case does not settle and the insurance company forces you to go to trial, the insurance company attorney will literally take that sentence and blow it up to a six foot poster board and present it to the jury.


Moreover, if the Client has signed a medical release for an insurance adjuster then they will be able to get all you past medical records and invade the Client’s privacy. Additionally, if they find one prior “similar” complaint of bodily injury, they may very well use it to deny or reduce the Client’s claim, even if it was not the same type of injury, a minor injury, or occurred several years ago and healed.


At Xxon we understand if these kinds of cases are hit to the law firms. Law firms in such cases have to draft DEMAND PACKETS with too much of care. While drafting demand packets they need to make sure that they do not contradict with the client’s delivered statement. Xxon being a good experience holder in drafting such simple/ formal demand packets take care of each facts and medical injury history so that the case for the U.S. law firms can be easily settled without much of argument.


Moreover, if the case is not settles through Demand Packet, we at Xxon while preparing the POP along with DISCOVERY take care of all those facts which had been described in the Demand Packets and make sure the POP along with Discovery is prepared in compliance with that.



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