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Traffic Accident Insurance Claims Article
By: Dan Baldyga
You and I. M. Strong, the adjuster from Granite
Mountain Insurance, are sitting at your kitchen table in an
attempt to settle your motor vehicle accident insurance claim.
Strong is all wound up and on the offensive,
rambling on and on about how your injuries weren't serious.
His typical pitch usually goes something like, "Look,
I've been at this a long time. I've talked to people like
you, day in and day out, for over twenty years. Individual's
who've gone through exactly what happened to you, with the
same sort of claim as yours. Sure, you had a period of discomfort
but your so-called injuries were routine. Believe me when
I tell you they aren't worth much."
Youre stunned. You can't believe what
Adjuster Strong is trying to pull. You say to yourself, "He's
gotta be kidding. Ive been miserable"!
You answer him, "Look there's no way I
could get out there, live my normal life and go to work because
the pain in my neck and my back hurt so much. And it still
does."
Strong shift's in his seat and a victorious
look (one that says he knows it all) begins to march across
his face. At that point he predictably states, "Look,
I can tell you, after handling thousands of cases like yours
that the discomfort you may have had, for a couple of days
at the most, were relatively minor. They dont even come
close to justifying the three weeks of work you lost
and the disability you and your doctor are claiming".
His confident smirk and body language tell you hes positive
you know nothing when it comes to settling a motor vehicle
accident personal injury claim!. Everything about him says
hes been at it so long hes positive hes
right. Hes ready to do battle and he knows hell
win. Hes absolutely positive youre a dead duck!.
You're thunderstruck. Hes gotta be kidding!
Now he comes at you from another angle, "I've seen thousands
of cases like yours and I've had more than my share of exposure
to personal injury claims, examinations, doctor-talk and recovery
- - the whole nine yards. I've seen physical trauma at it's
slightest and it's worst. Any judge or jury would know, once
they heard about your so-called injuries that
your physical problems were almost non-existent".
He'll take a minute to let that sink in and
then he'll attempt to sway you even more by telling you he
can prove your time lost from work and/or your business was
not compatible with the injury involved. He'll hint around
about some "independent information" he's supposedly
gathered from your neighbors and/or business associates, which
indicate youve been involved in "very active"
physical activities since the accident.
Once he lets that one sink in he'll ramble on
about the "independent examination" the doctor hired
by Granite Mountain Insurance gave you, telling you, with
outrageous confidence, that his doctors Medical Report states
there was little, if anything, wrong with you. Then hell
surely try this one on for size: My doctor is a professional
. The only people he ever sees are those whove been
in motor vehicle accidents. Thats what he does all day
long, check out personal injury claims like yours. His medical
report to us, which by the way is what will be presented at
trial should your claim ever go to court, clearly states your
physical problems were almost non-existent.
He hums a happy tune to himself as he observes
the amazement marching across your face and that drum beat
hes heard so often begins to pound away within the gray
matter between his ears: Boom/Boom/Boom/Boom, and declaring,
I gotcha!, I gotcha!, I gotcha!, I gotcha!
If you let Strong get away with that than his
attempt at downgrading your disability will have been successful.
As a way of "proving" what happened to you wasnt
serious hell describe your so-called injuries
with fancy medical language and then compare them to the more
extreme types of personal injury problems or conditions he's
dealt with in the past. The implication being yours were obviously
minor and have little, if any, value.
At that point he'll read the statements and
opinions in your own Doctors Medical Report in such a way
which, if not read nor interpreted properly, he'll insist
proves, You may have been a little sore from a slight
injury" but, he's quick to add, it clearly states
you certainly didn't have any serious physical problems.
(You can bet every dollar youve got that hes made
that statement a thousand times)!
You're quickly discovering that neither Adjuster
I. M. Strong nor his supervisors at Granite Mountain Insurance
are going to be fair. They're out to take advantage of you.
Thats the name of their game and thats what they
get paid to do. Question: Is that really true?
Answer: Yes, its really true. Take it
from Dan, he was on that firing line for 30 years!
My advice is, from that point on you shut down.
You be the listener. Let him babble on. When he's finally
done, you say, "Your points about my injuries are very
interesting. I'd like to discuss them in detail with my doctor.
Pause and then add, We'll call this off for now while
I go back and consult with him."
Before he answers you should get up, smile,
point towards the kitchen door and bid him "goodbye".
If he balks, sneak a peek at your watch, tell him you're late
for another appointment and insist your meeting is over. He'll
have no choice but to leave.
If you do that here's what you'll have accomplished:
- You'll have seized the bargaining "momentum"
and control from the adjuster and, if you remain tough,
he'll never get them back.
- Served notice on him that it's you, not
he, who will now call the shots in the negotiation "Power
Game" he's been playing.
- Impressed the adjuster that the settlement
will be done on your terms, not his.
You may ask: Okay, I threw
the adjuster out and let him politely but surely know Im
not going to buy into his nonsense. So, when this all gets
played out, what have I accomplished?
The answer is: I. M. Strong
is aware youve not bought into his pitch and in his
secret heart he perceives that reality. For those in his home
office, so as to know exactly where they stand, his instructions
have always been that everything that passed between the two
of you is placed into the various reports he continues
to mail in, regarding the settlement talks hes
had with you. So, the fact that youre not buying his
story, will go into your file and be read by Strongs
superiors and, in time, theyll have no choice but to
conclude that youre no pushover!
Youre going to stick to your guns because
youre right and the Medical Report your doctor executed
for Adjuster Smart is legit. You understand that both your
pain and suffering and the length of recovery
from your injuries, has been clearly stated.
Smart has correctly assumed that youre
not accepting his usual pitch, so filled with the usual mumbo-jumbo
nonsense, yet so often works. Its beginning to dawn
on him if he doesnt change his tactics youre going
to get yourself an attorney and his superiors at Granite Mountain
wont be dancing for joy about that.
Wait five or six weeks then call Smart and ask
him to come back to talk some more. I flat out guarantee you
the next time you meet with him the power will have shifted
into your corner and you'll never again hear him attempt to
minimize your injuries. That often comes to pass because hes
received this typical six word, one line memo, from his supervisor
at the home office, Settle this one and move on.
Granite Mountain will have reached the point where theyre
satisfied to pay and get rid of you. Why? Because personal
injury claims continue to pile up and clog their incoming
pipeline. Theyve got a lot of other unsuspecting prey
to trap and shoot and its clear you're an individual
whos too wise, too tough and too difficult for them
to fuss with any longer.
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DISCLAIMER:
The purpose of this article "HOW
TO NEGOTIATE WITH THE INSURANCE ADJUSTER" is for all
readers to understand the motor vehicle accident claim process.
Neither Dan Baldyga, Scott Baker, I GOT HIT, LLC, and/or the
Accident Resource make any guarantee of any kind whatsoever,
NOR do they purport to engage in rendering any professional
or legal service; NOR to substitute for a lawyer, an insurance
adjuster, or claims consultant, or the like. Where such professional
help is desired it is THE INDIVIDUAL’S RESPONSIBILITY
to obtain said services.
Dan Baldyga’s third and latest book,
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate
And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com
or http://www.autoaccidentclaims.com.
This book reveals “How To” handle your property
damage claim so you won’t be taken advantage of. It
also goes into detail regarding BASE (The Baldyga Auto Accident
Settlement Evaluation Formula). THE BASE FORMULA explains
how to determine the value of the “Pain and Suffering”
you endured - - because of your personal injury !
Copyright (c) 2002 By Daniel G. Baldyga.
All Rights Reserved.
Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com
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