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Expert: - 2/4/2009


Question
I was hit at an intersection last July, totaled my car for which the other driver's insurance has paid.  I have gone through 6 months of medical and physical therapy treatments for a back injury incurred in the accident.  Never had back issues before, still have pain but doctors and physical therapist say that there is much more to be accomplished by further treatment.  Received a settlement offer today that just about covers the $10k medical expenses.  Never considered such a low-ball offer.  Reading this site and others it would appear that 2 to 5 times medical expenses is an appropriate settlement.  I have carefully documented all expenses, medical reports and communications which I supplied to the adjuster.  Before I hire an attorney do you have any suggestions as to how to conduct negotiation in this matter.

Answer
Hi Tom,

I expounded earlier today to someone that appeared to be trying to settle their own injury claim.

You can not use the "average" figures at 2-5 times the actual amount. Insurance companies will not pay you that amount.

It is the same thing as figuring that you will get the huge amount of settlement or jury verdict without the use as an expert like me in an auto theft claim denial and an attorney. We are responsible for the big bucks for our client because the attorney is a better litigator than the other side has and I am far more knowledgable in auto theft than the so-called certified forensic locksmiths.

Granted, both the use of an attorneys and an expert are expensive, but if you are to speak average, the average is that if you use an attorney, even after paying the attorney, the award is most likely going to be higher.

Insurance companies will low ball. They know that you do not stand a chance in court alone.

I suggest you quit screwing around and trying to handle this yourself and get an attorney. Otherwise, you won't get anywhere near a fair settlement.

Rob

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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