Personal Injury Law

Insurance Company Bag of Tricks

By Steve

Let's assume you are involved in a two-vehicle collision. The other driver is at fault, such as it appears was the case in the rural Baxter collision where two motorcycle riders died. The insurance company for the at-fault driver is immediately put on notice of the collision by its insured driver. While the relatives of the decedents will be busy with funeral and burial details or in the case of an injured person getting medical care, the insurance company will spring into action to perform an investigation.  

The other guy's insurance company has no responsibility to take photographs, to keep any photographs they take, to preserve the vehicles involved or to interview witnesses. The other person's insurance company has no duty to you or to your case. Reread that last sentence because it's important you understand it clearly.

So while you may be hospitalized or arranging a funeral they are working their case. And work it they will do. If they phone you sort of admitting liability or offering to pay for the damaged or destroyed vehicle you feel somewhat assured they will later "do the right thing." And that is where you are making an incorrect assumption. The other driver's insurance company has no duty to you. My advice would be to forget the insurance proceeds right now. See a lawyer, hire a lawyer and get someone preserving the evidence. While you're dealing with doctors or funeral directors let a seasoned trial lawyer work to preserve evidence of the accident scene and vehicles. Let them interview witnesses and analyze what they say. I say this because if you settle with the other guys insurance company for your vehicle damage, they will then take control of the wrecked vehicle (motorcycles) and sell them for salvage. The salvage yard will crush and cube them or sell them at auction. And from there the evidence is gone or altered making proof of your case more difficult or impossible.

You are told repeatedly that lawyers are greedy and rush to file lawsuits. I wish that statement had more truth to it. But normally it isn't the truth. Most crash victims don't want to appear greedy so they hesitate to move quickly to a lawyer. Or they hire the local family attorney who shoes many horses and doesn't consider himself a civil trial lawyer. A family lawyer is probably thrilled to have your case in his office. But it's not the right thing to do for either the client or the lawyer. The lawyer should immediately get on the phone and refer the case to someone who specializes in civil litigation. He should have turned the case down or referred it because as the file sits idly on his desk the defendant's insurance company is executing on a planned investigation that is destroying your case.  In most cases waiting can result in evidence being lost or purposefully destroyed. And when that occurs so goes the ability of the lawyer to prove your case.

So what is my advice when you are in a serious accident? Find a lawyer quickly. Tell them you're hiring them to preserve the evidence for later consideration. If the other driver's insurance company phones you say nothing except, "Here is my lawyers contact information." Make no statement. If they insinuate that you are being greedy hang up the phone. The other guy's insurance adjuster is a trained professional who has probably done this hundreds of times. Making you make mistakes is his specialty. Don't be fooled. Be aware, be informed and protect yourself. Remember when the insurance adjuster wants to talk with you they have two goals in mind, none of which is in your best interest.

For additional information on this subject read my previous post on this subject along with posts from Craig Kelley of Omaha, Michael Myers from Seattle, Chuck Boyk from Ohio from and others.

Full post as published by Des Moines Personal Injury Lawyer on April 24, 2008 (boomark / email).