a****o
发帖数: 6612 | 1 摘要：
1. 不要雇律师，保险公司有基本固定的理赔公式，一般是产生的医疗费用的两倍。律
师费（33%到40%）也是从你获得的赔偿中出。
2. 不要做完全没有必要的治疗。
3. 不要轻易签字同意赔偿。
4. 车祸不是中彩票，赔偿要求要合理。
http://voices.yahoo.com/tips-resolving-bodily-injury-insurance-
So you've been in an automobile accident and you were sort of injured, or
think you might be injured. This article really does not apply to anyone
seriously injured in an accident. Those claims, ironically, are typically
the easiest to settle once the cost of medical treatment has been calculated
. This is geared more toward those with minor to moderate injuries; also
known as "soft tissue" injuries in the claims industry. I spent several
years investigating and resolving bodily injury claims for one of the "big 5
" insurance companies. I have seen every type of claim from one end of the
spectrum to the other. The insurance company, while not necessarily trying
to cheat the person filing the claim (the claimant), will always try to
settle at the low end of what is considered the fair range. And they will
try to convince you that your "soft tissue" claim is worth very little if
anything. Here are a few tips which should guide you toward a settlement
more favorable to you.
First, (and I cannot stress this enough) never hire a personal injury
attorney unless it is the absolute last resort. It is a prevailing
misconception that an attorney will automatically get more money out of the
insurance company than you can alone. There are some inherent reasons why
this is not true. First, common sense should tell you that hiring someone to
speak on your behalf does not add dollars to the value of your claim.
Secondly, I can assure you that these attorneys do not work for you out of
the kindness of their hearts. They are in it for the money. The typical fee
is 33% of your settlement, 40% if it goes to litigation. The attorney
obviously knows as well as you do that no sane person wants to give one
third of his money to someone for a few letters and 20 or 30 minutes of
telephone conversations (which is what it adds up to). So how does the
attorney add value to your claim? He encourages you to accrue medical
expenses. He convinces you that the higher the medical bills, the more the
claim is worth, even if you end up receiving treatment you do not need. The
problem is that most insurance companies are adamant about only paying
reasonable costs for necessary medical treatment. And there is plenty of
medical research and documentation available to show what is reasonable and
necessary treatment for most soft tissue injuries like strains, sprains,
whiplash, etc. Therefore, if you receive extended treatment which you
realize is probably not all necessary, it stands to reason the insurance
company will refuse to pay a portion of it. Your attorney will complain that
the jerks over in the claims office refused to pay all the medical bills,
but the doctors still have to be paid. He will kindly explain that after the
bills are paid and his fee is taken out, you have to accept what is left.
What he may not tell you is that he and the doctor have a deal in place for
him to only pay what the insurance company allowed. So the attorney gets his
33%, the doctor gets his agreed upon payment, and you are left hung out to
dry with far less money than the attorney initially implied you would
receive.
This leads to the next point. Do not over-treat. You know your body. Do not
let anyone convince you to keep going to the doctor if you know it is not
necessary. The honest truth is, most soft tissue injuries will eventually
dissipate on their own over 6 to 8 weeks. This is not to say you should not
seek medical treatment if you are in pain, but be sensible. Go to your
family doctor if you have one. He will refer you for further treatment if
you need it. Avoid going to doctors or treatment facilities you have never
heard of. Be wary of medical facilities that tell you they will file your
claim for you. This is a definite signal that there is or will be an
attorney involved. When you are no longer in pain, end your treatment. Also,
if the treatment you are receiving is not working, seek a second opinion
rather than continuing to treat with no improvement. Watch out for referrals
for expensive diagnostic testing. If a doctor you do not know and trust
tells you an MRI is needed because your neck is sore, ask for another
opinion. High cost diagnostic tests are another means of running up the
medical expenses. Ask your medical provider questions about your treatment
at every visit so you understand what your diagnosis is and are aware of
your treatment plan.
The next important thing is to know your rights when dealing with the
insurance adjuster. Do not sign anything without reading it and
understanding it. Many of the leading insurance companies today will have an
adjuster at your home to discuss your claim by the day after it is filed.
The point of this meeting is for that adjuster to get your name on a release
before he walks out your door. The sooner the claim is settled the less
expensive it is. This may not be the right thing for you, but the meeting
can still be beneficial. You get to meet the person you will be dealing with
and lay the groundwork for settling your claim. Just be honest about your
injuries and do not be pressured into signing the release until you are
ready. You will probably receive a settlement offer at that first meeting.
Do not accept the first offer unless you truly feel it is fair. You can tell
the adjuster you are not ready to settle anything yet. You can ask for a
different amount if you have a number in mind. Do not be surprised if the
two of you are far apart. The first offer will inevitably be based on the
assumption that you will need little or no medical attention. Whenever
talking to the adjuster, whether during the first conversation or any after
that, be prepared. Be able to give details about what you are dealing with
physically. Try to estimate a settlement range as early as possible that you
feel would be fair to you and document your reasons. Always start high and
work your way down as necessary.
Finally, be reasonable. Being the victim of an auto accident is not
equivalent to holding a winning lottery ticket. You should not settle for
less than you deserve, but you need to provide sound reasons for your
demands. The general damages (pain and suffering) money for a soft tissue
injury will not blow you away. A good number to start at is twice your
medical expenses. Some attorneys will assure you they can get 3 times the
medical expenses, but that rule of thumb went away a long time ago. Unless
you live in a very liberal county, twice the medicals is a pretty good
settlement. The insurance company will never agree to that initially, but
again, the earlier they can settle, the better. Estimate the cost of your
needed treatment early (preferably based on advice from a family doctor or
reputable medical provider). Double that amount and add any other related
expenses including lost wages. When the adjuster balks at the resulting
number, be willing to negotiate to an extent. Do not be greedy, but be firm.
That adjuster's job is to get the claim settled as early as possible. That
means doing whatever it takes. He would rather overpay a little bit in the
beginning than have your claim sitting on his desk for the next three to six
months.
Using these guidelines will give you a better opportunity to personally
negotiate and settle your minor to moderate injury claim resulting with the
most money possible in your pocket. Remember, if you seek legal counsel, the
attorneys and the doctors they do business with will always end up with the
majority of your settlement. If you reach an impasse in your efforts to
personally resolve the claim with the adjuster, try speaking with his
manager, the holder of the purse-strings. If all else fails and you feel you
have to hire an attorney, ask lots of questions. And the same thing applies | a****o
发帖数: 6612 | 2 希望大家出入平安。不过如果有轻微的人身伤害，又不想惹麻烦找律师，看看这篇文章
也许有帮助。
【在 a****o 的大作中提到】
: 摘要：
: 1. 不要雇律师，保险公司有基本固定的理赔公式，一般是产生的医疗费用的两倍。律
: 师费（33%到40%）也是从你获得的赔偿中出。
: 2. 不要做完全没有必要的治疗。
: 3. 不要轻易签字同意赔偿。
: 4. 车祸不是中彩票，赔偿要求要合理。
: http://voices.yahoo.com/tips-resolving-bodily-injury-insurance-
: So you've been in an automobile accident and you were sort of injured, or
: think you might be injured. This article really does not apply to anyone
: seriously injured in an accident. Those claims, ironically, are typically
| l*********1
发帖数: 720 | 3 我建议想要超过四位数的赔偿 还是请律师
像allstate这种不要脸的公司 不请律师基本都是stonewall战术
还是让律师去demand吧 看律师和保险公司两个王八蛋狗咬狗 不是很欢乐么 | o*****8
发帖数: 1079 | 4 这篇文章完全是站在insurance company角度写的，没有任何价值可言。 |
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