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Dealing With The Insurance Company
Nearly all of the individuals and corporations responsible
for our clients' injuries are covered by some type of
insurance policy. Doctors, hospitals and nursing homes are
covered by medical malpractice policies. Premises or general
liability policies cover stores and business owners for
dangerous premises claims. Homeowners policies cover the
owners of animals that bite or attack members of the public.
Trucking companies are covered by fleet policies.
Regardless of the type of case, the insurance company
involved has a claim department whose job it is to handle
these claims and minimize pay-outs. This department employs
claim adjusters who are given some basic medical and legal
training and are then schooled in techniques to use in order
to avoid or reduce the amount the insurance company must pay
for a claim.
A claim representative is not your representative. He or
she represents only the insurance company and has no duty to
explain your legal rights to you. The claim adjuster has no
duty to explain the value of your claim or the nature of your
medical problems that your injury may cause.
It is a serious mistake to believe that any
claim adjuster represents your interests. The claim adjuster's
job is to maintain a cordial and friendly relationship with
you, to try to win your trust, and to convince you that he or
she will "do the right thing" or "take care of
everything." Insurance adjusters do this for two reasons:
(1) to gather information from you, such as recorded
statements, claim forms and medical releases in order to
minimize or defeat your claim; (2) to convince you not to seek
the advice of an experienced attorney who will know the true
value of your case and fully pursue maximum damages for you.
It is best to contact an attorney at The Glassman Law Firm,
P.C. as soon as possible after you have been injured so that
we can protect your rights and provide prompt and early advice
on how to best handle your case.
If you have been discussing your case with an insurance
claim representative and decide that you may want to consult
an attorney for advice about your rights, stop talking to
the claim adjuster immediately and contact us. We will
promptly review and evaluate your case. We will advise you if
we can be of help. If we agree to take your case, we will
advise the best course to pursue.
If after our initial free consultation we have impressed
you with our sincerity, our desire and our commitment to work
hard for you, we will ask you to sign a contingent
fee contract so that we can represent you on a percentage
basis.
We will then send out what is known as a lien letter, or
letter of representation, notifying the party against whom a
claim is filed and his insurer of the nature and reason for
our claim, as well as the date and place of the incident
giving rise to the claim. This is not yet a lawsuit. We are
merely notifying the insurance company of our representation
and requesting that it contact us to acknowledge our lien
letter in writing. This usually takes 7-14 days.
Once notified that we are your legal representatives, it is
improper for any insurance representative or claim adjuster to
call, discuss or communicate with you in any form about your
case. If called or contacted, politely inform the claim
representative that you are represented by The Glassman Law
Firm, P.C., and ask for the adjuster's name and phone number
to give to your attorney. You are not required, nor should you
make any further statements or give any information about why
you decided to hire an attorney.
From this point forward, we will assist and guide you
through the medical process so that you receive proper care
and evaluation. Our staff will assist you in the submission of
medical insurance forms. We will handle all contacts and
negotiation with the opposing insurance company. |