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Auto Insurance Claims/How to get a claims adjuster to pay for what is needed?

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Expert: - 1/26/2011


Question
I live in Edmonton, Alberta, Canada.  I was in an accident  threw no fault of my own. My lawyer says they have up to 60,000 for and reasonable treatment.  I am going to physio and massage and have been off work for two months.  I can not sleep due to pain and even with all the medication I am inflamed and stiff.  I would like to know what to stay to the adjuster to get them to pay for a new bed and a massage chair.

Answer
Hello,

This is something you need to talk to your lawyer about. The lawyer knows the limits and it is the lawyer's job to deal with the adjuster.

I know pain caused by some irresponsible felon driving a school bus while my van was stopped at a stop light at the end of an expressway off ramp. He never slowed down. He rear ended me and ruined my life at 45 years old. I am now 59, 10-herniated discs in my spine and 2 blown out knees when the seat ripped out and I hit the dash with my knees. I have been on Social Security disability now.

I am reminded every day and anger does not even touch my morning. Can't do anything physical and 4 doctors told me they can't believe I am not a quadriplegic because of discs  C-4, C-5 C-6 in which the discs rest on the spinal cord and was pressing on the cord.

Deal with your attorney and good luck to you.

God Bless

Auto Insurance Claims

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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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