D e s e r t E x p o s u r e 
March
2006
D e s e r t E x p o s u r e |
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I limit my law practice to helping people who have been injured because of someone else's misconduct—usually people who have been injured in motor-vehicle accidents because of another driver's negligence. Here is an update of some things I have learned. Claims adjusters: Most insurance claims adjusters are honest, hard-working, people who do a good job. But this does not take away from the fact that, when it comes to auto accident claims, you and the adjuster do not have the same interest. As lawyers say, you are "at arm's length" from each other. The adjuster works for a company that wants to pay out as little as possible and wants to close claims as soon as possible. Document everything, keep copies, get copies, and do not just accept what the adjuster says if it does not sound fair to you. While you should be extra-vigilant when dealing with an adjuster for the other driver's insurer, you should be careful even when dealing with your own insurer's adjuster. Liability insurers: Some insurance companies—Allstate Insurance comes to mind—have a policy of actively discouraging people who are making auto accident claims against their insureds from consulting their own lawyer. A cynic might question Allstate's motives here, but Allstate claims people do not end up with any more money after they pay their lawyer. The trouble is, the liability insurer is not on your side and probably will not tell you what all of your rights and options are. They will certainly not tell you what the full dollar value of your damages is. I remember an article in Lawyers Weekly USA that had this headline: "Allstate Sued for Urging Claimant Not to Hire Lawyer." According to the article, a Washington state judge held that Allstate "is guilty of practicing law without a license because one of its claims adjusters persuaded an accident victim not to hire a lawyer and to settle her claim directly with Allstate." Bad advice: In that case, a woman was hit by an Allstate-insured driver. The woman's Chrysler minivan's seatbelt gave way upon impact and she was thrown from her minivan. She lost an eye and had other serious injuries, according to the article. Three days later, while the woman was still in the hospital, the Allstate adjuster called her husband and sent brochures about "whether to hire a lawyer." Later, the woman signed a general release of liability and Allstate paid her its $25,000 policy limit. The victim's medical bills alone exceeded $75,000. Shortly thereafter, Chrysler recalled the minivan because of a safety-belt problem. The article goes on to say the Allstate adjuster had failed to tell the woman she had a good product-liability claim against the manufacturer. Because the woman had signed a general release, she was precluded from suing the manufacturer and from collecting the full amount of her damages. The woman then sued Allstate for the unauthorized practice of law. The article says, "Allstate may have to pay any money the plaintiff was precluded from recovering from a third party." (Jones vs. Allstate, No. 99-2-02212-2SEA, Washington Superior Court, King County.) Free advice: In the past, the State Bar of New Mexico published a pamphlet, "What To Do In Case Of An Accident." It is a handy thing to carry in your car or truck's glove compartment. While the state bar no longer publishes this pamphlet, I still have it. E-mail me at , write me or call me and I will send you a free copy. More advice: Every plaintiff's personal-injury lawyer I know does not charge for a brief initial consultation. We often tell people they do not need a lawyer, or tell them what they need to do. Be careful what lawyer you contact. While almost all personal-injury lawyers (including me) advertise, some of the lawyers who advertise A LOT do not have the best interests of their clients at heart. I never offer to represent a person injured in an accident unless I believe the client will receive more money than they would probably obtain without a lawyer. I use a one-page written lawyer-client contract, and my fee is always contingent on obtaining a money recovery for the client, which means I do not get paid a fee unless and until the client gets a recovery. Out-of-pocket costs are not contingent, which means the client is ultimately responsible for paying these costs. Most people who have been in accidents do not need a lawyer. But everyone
could use helpful advice. Whether you are talking with a lawyer or an
insurance claims adjuster, when thinking about the advice you are getting,
remember whom the person works for.
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