Let me share one cold, hard fact with you. Insurance companies are more interested in making profits than in assisting their customers.

You’re nodding in agreement, I bet. But do you truly realize what that means? Some common standards of business ethics go by the wayside when it comes to insurance companies and claims.

I just read a great blog post, “My First Experience with Adjuster Law‏” by Myrtle Beach trial lawyer David Swanner. He does a fantastic job of describing some of the methods insurance company adusters use to manipulate plaintiff attorneys.

Insurance companies manipulate facts

Swanner writes about the first time he met a Geico “super adjuster” who came to wrap up a bunch of cases all at once. The adjuster didn’t pore over the claimants’ medical records or study their demands. She glanced at the files and came up with one snap reason after another why she didn’t think the cases were valid.

Seeing this happen to five cases in a row, Swanner realized something every personal injury attorney and every accident claimant needs to know: the insurance company will look for any plausible reason to NOT PAY a settlement.

Here are some examples of things adjusters might say about your claim:

• You went to the doctor too quickly. You must be faking an injury.
• You waited too long to see the doctor. You must not have a real injury.
• You’re too young. Your injury will go away.
• You’re too old. Your health problems don’t stem from the accident, but from pre-existing conditions.

It’s kind of like the fairytale about Goldilocks – except insurance adjusters are determined to NEVER declare anything “just right.”

Insurance companies manipulate people

The Ziff Law Firm has a newsletter, “Legal News You Can Use” (sign up to receive your copy here). In the Spring 2008 issue, we featured a story about an insurance company that placed investigators undercover in a church support group to spy on a couple with an accident claim! Unbelievable.

I deal with insurance company BS every day. I know that you have to combat their tactics with the honest facts and the hard work of preparing a strong case. They have adjusters and lawyers on their side – shouldn’t you have an attorney working for your best interests on your side?

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Related articles by Zemanta

• Beware the “Good Cop” Insurance Adjuster, Elmira Attorney Warns (zifflaw.com)
• Get Paid Fast! Accident Victims’ Right to Prompt Payment of Insurance Claims (zifflaw.com)

If you have been involved in a New York auto accident, you should NEVER, EVER take your legal advice from the insurance adjuster for the other driver.

The Ziff Law Firm’s “Accident and Car Crash FAQs” answers many important questions about handling insurance companies in the aftermath of a car accident.

In all of your dealings with the other driver’s insurance company, never forget that it is their JOB to pay you NOTHING or as LITTLE as possible.

Three reasons to beware the “friendly” insurance adjuster

It’s not unusual for an insurance adjuster to offer a tiny settlement, seemingly out of the goodness of the company’s heart. He may say something such as, “Sorry, but you don’t have a serious injury as required under New York state law. However, since we feel bad about what happened to you, so we are willing to pay you $500.″ This is wrong, improper and even illegal for this adjuster to do this.

1. He’s not YOUR lawyer (he’s not even a lawyer AT ALL) so it’s completely improper for him to be giving legal advice to you.
2. At the time this offer may be made, it is often way too early to tell whether you will have a serious injury or not. Many people don’t know the full extent of their injuries until months after a car crash.
3. Do you TRULY believe the insurance company wants to pay you $500 because they feel bad? No way. They are paying you $500 because they want your signature on a Release.

How a Release gets the insurance company off the hook

A Release is a legally binding document that says you are giving up ALL rights (both past and future) in exchange for the money. Once you sign it , your case is gone FOREVER – even if it soon turns out that you need surgery….. even if you begin to have serious health problems that disable you from work…. even if you suffer a complication from the injuries you suffered in the accident.

Bottom-line advice

You need YOUR OWN ATTORNEY to give you proper advice about whether you should settle your case or not.

If you are in doubt, e-mail me or call 800-ZIFFLAW. After discussing your case, I can tell you if what you are being offered is fair. Don’t worry, asking for advice does not obligate you to hire us. We won’t give you a hard sell, but we will help you figure out whether the insurance company is trying to take advantage of you or not.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

It’s been big news in the Twin Tiers: landmark Corning eatery Sorge’s suffered a devastating fire in December.

There are plans to rebuild, but issues have come up in the aftermath of the fire that are important lessons to everyone who depends on insurance to come to the rescue after an accident. And who doesn’t fit that description?

In a recent story, “Sorge’s Restaurant was ‘Under-Insured,”‘Owner Says,” WETM reported that Mike Sorge wished he would have re-evaluated his insurance policy before the flames broke out. Sorge found that the “replacement cost” policy he had won’t cover the costs of restoring the restaurant.

Sorge’s learned the hard way – having the wrong insurance or not enough of the right insurance can cost you A LOT of money. Lots more than you would have paid in premiums to have the RIGHT coverage.

I am no expert on fire insurance, but I have learned a lot about auto insurance in my more than 22 years of handling car accident cases. That’s why I wrote a small, but informative book about car insurance coverage that EVERY New York resident should have. If you are from New York state, you NEED a copy of “Learn the Five Secrets to Buying Auto Insurance.” Click on the title to follow a link to your FREE copy.

What you can learn from my New York auto insurance book:

• How you can figure out exactly what situations you are covered for.

How you can know your insurance agent is telling you everything you should know.

How to select the best insurance plan for your family

Mike Sorge is sharing his hard-earned knowledge with other small-business owners in a series of Disaster Preparation workshops. When you know something from experience, that isn’t common knowledge and can help people, you want to share it. Take advantage of what I’ve learned through the years by getting your free copy of my book.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

There’s no arguing – or changing – the fact that accidents happen. Add to life’s essential element of chance the fact that people take risks when driving: Going over the speed limit, falling asleep, talking on cell phones, pushing through lights and passing on curves… The list of violations goes on. You see or on the road or hear about it on the news almost every day.

The truth is you can’t entirely protect yourself from a car accident – short of becoming a hermit on a deserted island – because you can’t control all the factors of the environment. There are two things you can do, however: Drive responsibly, and have the best insurance options in case fate takes a hand.

Three types of auto insurance

No-fault: Every car in New York State is required to carry no-fault insurance to the tune of $50,000 in coverage. No-fault covers the driver and passengers for medical expenses and lost wages regardless of who was at fault in causing the accident.

Liability: Basically, liability insurance, unlike no-fault insurance, is concerned with who caused an accident. Liability insurance provides coverage to those who have been injured by the negligent driving of others.

Every car in New York State is required to carry a minimum of $25,000/$50,000 in liability coverage. Liability coverage kicks in when two criteria have been met:

• You have been seriously injured, as defined in the insurance law. (An experienced personal injury attorney can help you determine if you meet these criteria.)
• The other vehicle caused the accident.

Supplemental Underinsured Motorists’ coverage: The required liability limit in New York state is low -only $25,000. Maybe (I hope not!) you have an understanding of how far $25,000 goes in a hospital. It’s not enough in many cases to cover damages and injuries. SUM coverage offers additional benefits if you are hurt by a negligent driver who is only carrying minimum liability coverage.

Better SUM than sorry

You should have at least as much SUM coverage as liability coverage. Ask your insurance carrier about your SUM coverage – it’s usually only a small additional fee to beef it up.

Sad to say, but often the most dangerous drivers are the ones who carry the least amount of insurance coverage.

Control what you can – and be prepared to handle what you can’t control.

Thanks for reading, Jim

_________________________________________

James B. Reed, Esq.

Personal Injury & Malpractice Attorney

Ziff Law Firm, LLP

303 William St., Elmira, NY 14902

Tel. (607) 733-8866 Fax. (607) 732-6062

Toll Free 1-800-943-3529

mailto:jreed@zifflaw.com http://www.zifflaw.com

Insurance companies use the same strategies to take care of claims. What you MUST know is that the insurance company is looking to save money.

Beware the Good Cop Insurance Adjuster

Accident victims are vulnerable. It’s just that simple. They are dealing with their injuries, trying to figure out what their rights are, and desperately worried about looming bills. (If you’ve been in an accident, you should also check out our Accidents and Car Crash FAQs.)

Believe me, the insurance company knows about an accident victim’s state of mind. Many insurance companies have developed training programs to teach representatives how to convince people to sign off on their rights, thereby signing off on any and all claims they could have from the accident for all time!

The strategy is codenamed ESO or “Early Settlement Opportunity.”

Top Three skeptical statements

A Good Cop insurance adjuster may say a lot of things to develop a rapport with an accident victim. They may stress the heartfelt concern of the insurance company and the urgency they feel to settle your claim. They may even share a personal story of an accident experience!  But you should really watch out for the following three assertions:

• 1. The Good Cop may say you don’t need your own attorney and that an attorney will only take one-third of what you recover.

The truth: Yes, the usual attorney’s fee is one third, but a national study revealed that accident victims represented by attorneys received settlements about 300% larger that people who did not have representation. That means double the settlement amount, even after an attorney’s fees are paid.

• 2. The Good Cop says you must have suffered a “serious injury” in order to bring a claim.

The truth: Yes, it is true – but do not take their word that you have not suffered a “serious injury”! For one thing, only medical professionals are qualified to assess your health, and secondly, it may take some time for the full extent of your injuries to be known.

• 3. The Good Cop says the insurance company won’t offer you a cent more if you hire an attorney.

The truth: That’s just totally false. At the Ziff Law Firm, we’ve had settlements time and time again that were many times larger than the original offer.

Want to know more?

I’ve written a book about accident cases and your rights, “Learn the Five Deadly Mistakes that Can Kill Your Accident Case.” It’s free to New York and Pennsylvania car accident victims, because I know the strategies the insurance companies use – and so should you.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com     http://www.zifflaw.com

If you have been hurt in a car accident in New York State, it’s reasonable to expect you will be compensated by no-fault insurance.

After all, every car in New York State is required to carry $50,000 in no-fault coverage. But there are steps you must take to receive benefits under no-fault insurance.

Three deadlines you can’t miss

What does an injured party need to do to receive compensation? For a start, you must file notices and claims within a certain time period.

• In order to have a claim handled by the no-fault insurance, a Notice of Accident must be filed with the proper no-fault carrier within 30 DAYS of the accident.
• A health care bill requires that a Proof of Claim be filed within 45 DAYS of the treatment.
• To receive compensation for lost salary and wages, a Proof of Claim for Work Loss Benefits must be filed with the insurer within 90 DAYS of the missed work.

Few excuses accepted

The deadlines may be extended, but ONLY if you, the injured party, can submit written proof that it was impossible to comply due to circumstances beyond your control. That is a difficult standard to meet.

Deadlines, forms, statements, etc. – there are many complications on the way to receiving what is justly due to an injury victim. An experienced personal injury attorney can help you keep track of all the steps you must take to have your claims compensated.

For more answers to your questions about auto accidents, insurance and injury claims, be sure to visit the Ziff Law Firm’s Accidents and Car Crash FAQs.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St.,
Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

You know those commercials for the Snuggie?  The “blanket with sleeves” that covers you no matter what you’re doing? No-fault insurance may seem like a Snuggie – but you should know it doesn’t always have you covered.

New York no-fault insurance provides a maximum of $50,000 to compensate people for medical expenses and lost wages arising from accidents involving the use or operation of motor vehicles.

The insurance company pays for:

• Basic economic losses such as lost earnings
• Necessary medical expenses
• Other expenses ($25 per day) caused by the injury

This coverage provides people with immediate relief for injuries received in accidents. At the same time, no-fault insurance avoids forcing every injured party into litigation in order to receive compensation for damages.

Every motor vehicle in New York State is required to carry no-fault insurance. And every person in the car – or person struck by the car – a pedestrian or bicyclist for example, – may recover their losses from that car’s no-fault insurance.

If that specific car is not insured, an injured occupant may collect on their own no-fault policy – or a policy belonging to any insured relative who lives in the occupant’s household.

So, it must be difficult to find a situation no-fault doesn’t cover, right? Not quite.

The motorcycle exception

Motorcycles are not covered by no-fault insurance – at least not in the same way motor vehicles are.

Even though a motorcyclist must carry no-fault insurance coverage, it benefits people injured by the motorcycle – not the motorcyclist or passenger. (A motorcycle passenger may, however, bring a liability claim against the motorcyclist  if he or she was negligent in causing the accident.)

Deal-breakers

You can void your own no-fault coverage if you are:

• Injured by your own intentional act.
• Operating a vehicle while intoxicated.
• Hurt while committing a felony or fleeing law enforcement.
• Racing or conducting speed tests.
• In a car known to be stolen.
• In an accident in your own car and you don’t have no-fault coverage.
• Are repairing, servicing or maintaining a vehicle and get injured while doing so.

The law of no-fault insurance is extremely complex, and involves many exceptions (many more than I have mentioned here) and supplements.  Don’t take this article as the last word on the subject.

If you have been involved in an auto accident, you should contact a personal injury attorney quickly - to make sure that your rights are protected and you receive just compensation.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
New York and Pennsylvania Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Frustration is nothing new in accident and injury lawsuits. All the parties have something to complain about: insurance companies don’t like to pay high settlements, the courts are backlogged, and personal injury victims may have to wait years for their cases to be resolved.

Add to all these concerns the perception that the situation is getting worse.

In recent years, insurance companies have created the idea that there has been an explosion in the number of lawsuits. But a little history lesson puts that idea to rest. The Maryland Injury Lawyer Blog had an entry earlier this month about car accident lawsuits that really opened my eyes to the true situation.

The entry quoted a Time Magazine article, “Traffic Jam.” Here are some fast facts from that article:

• Car accidents account for more than half to three-quarters of personal-injury lawsuits. Tens of thousands of auto accident cases await trial in Chicago, Los Angeles and New York City.
• Car accident victims might wait years for their cases to get to the jury.
• Despite taking in huge sums in premiums, insurance companies suffer a net loss!

The pretty shocking truth is that the Time Magazine article was printed Jan. 10, 1964! That is more than 45 years ago.

I don’t write this in the sense of “Let’s all despair; things are never going to get better.” The reality is that the system is always being refined. Just because things aren’t perfect, let’s not forget to look at what is improving.

The truth is that there are fewer NY accident lawsuits per capita now than there were 20 years ago. In fact, statistics from the NY State Office of Court Administration show that there were actually more than 13,000 FEWER cases brought in NY Supreme Courts in 2006 than in 2002.

Will the legal system ever be perfect? Probably not, because “justice” is a perception to all the parties involved in a case. Most outcomes are likely to displease someone involved.

But it’s important to appreciate the fact that the law is continually being adapted to make things better. Maybe the law will never be perfect, but that is what it aspires to be.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

It doesn’t hurt to have a good friend who’s also an insurance expert! Recently, my buddy Peter Wallin of Wallin Insurance (www.wallininsurance.com), sent me a copy of his newsletter. He had taken his family on a trip to Florida and the experience sparked the idea of writing about the dos and don’ts of rental car insurance. Here is his advice:

Rental Car Insurance

You rent a car while on vacation. As you get to the rental agency counter at the airport they ask you the dreaded question: “Do you want to buy accident insurance for this rental car? It’s only $14.95 per day.”

Well, here’s your answer, right from your local insurance agent – NO! You do not need to buy the extra insurance.

If the rental contract does not exceed 30 days and the rental car will not be driven out of the United States and/or Canada, then the extra “collision damage waiver” and the “liability” does not need to be purchased from the rental company.

When you have a New York personal auto policy you automatically receive rental car protection.

This is not typical of insurance policies issued in other states, which is why the rental company in Florida may attempt to convince you that you need the extra protection. When in doubt, call our agency before you reserve your next rental car. Give us the details of the trip you have planned and we’ll help you determine whether you need the extra insurance before you pick up the car.

Go ahead – you have my permission to spend the cost savings on some extra fun instead of extra insurance!

- Peter Wallin

You can contact Peter at (607) 734-8799 or e-mail peter@wallininsurance.com.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Here’s a quote that may give you pause: “A Carfax report showing that a vehicle has not been in an accident cannot be relied upon, and don’t expect Carfax or a dealer to tell you that.”

Bob Kraft, a Texas personal injury attorney, friend of mine, and author of the blog P.I.S.S.D. (Personal Injury, Social Security Disability) alerted me to a BIG problem with Carfax reports.

If you’re not familiar with Carfax, it is a service that implies it can alert you to ANY bad history about a car you may be planning to buy. With a VIN number, Carfax checks its national database to put together a vehicle history report. Using Carfax, you should be able to discover if a vehicle has been in an accident or wrecked.

So what’s wrong with Carfax?

As we learn from these blog posts, Carfax is NOT totally reliable.

The quote is from a post by Oklahoma attorney Louis M. Green, The Trouble with Carfax. Louis writes about how Carfax has created the perception that their information is 100% complete. That isn’t the reality, however.

Carfax is only as accurate as the information reported to it. Negative information about vehicles does turn up on Carfax reports, but, unfortunately, Carfax does not always receive all of the information available.

Check out Bob’s blog and the original post.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com