Technology, Insurance Companies and You – Beware!
September 16, 2009 by admin · Leave a Comment
It seems like every day we hear about “new technology” changing the way most of us live and work. Laptop Computers, Email, Text messaging, the Internet – these things are now considered absolutely “essential” for millions of Americans. Most people extol the virtues of this “new” technology; however, there are some down sides, especially when it comes to privacy concerns and the big insurance companies.
This is particularly true in the area of personal injury law. When my partner and I first started practicing law, we were generally able to control and filter a lot of what the insurance companies learned about our clients. If it was related to the accident and the injuries—it was fair game—but if it wasn’t, the information was not shared. These days everyone with access to the internet can learn more about someone in a few hours than a Private investigator used to be able to do in weeks. This means that most of what used to be our own “private and personal” information is available to anyone who wants to see it. Rest assured, checking you out on the web is one of the first things an insurance adjuster now does when a claim is opened on your behalf.
What are these adjusters looking for? Primarily, they are looking for information that can be used to discredit you and the legitimacy of your claim. For instance, if you have a criminal record or have ever filed bankruptcy this could impact how the insurance adjuster evaluates you. You should always tell your lawyer about these things so they can’t be used against you in an “ambush” situation. It’s better for us to know and be prepared than to be caught unawares and with no logical response.
The same holds true for prior claims. If you have ever made a prior insurance claim the adjuster will know this information almost immediately. The adjuster will know: how you were injured; what was wrong with you; the total amount of your medical bills; and, the dollar amount of your eventual settlement. This information could determine the way your current claim is evaluated, especially if you forget to tell your doctors about the prior injuries. Adjusters and their lawyers will argue that you intentionally misled your doctors into believing your injuries were caused by the new accident, when in actuality your injuries were “preexisting.” That is why it is so important to give each of your doctors a complete medical “history” noting all previous injuries and accidents. Also, explain how long it has been since you have suffered any ill effects from those prior injuries.
Internet Web Postings are another rich source of material for insurance adjusters. You should always remember to be extremely careful with any information you post on such websites as MYSPACE, FACEBOOK, CRAIG’S LIST, etc., including photographs and biographical information. As soon as this information is posted it becomes part of the public domain. For instance, any photographs posted by you engaging in any physical activity (like bowling, rollerblading, skiing, etc.) will be found and used by the insurance company to argue that you are “not really hurt.” This might be true even if you engaged in the activity before the accident or if you only tried the activity for a short while and stopped due to the pain it caused. Please know that any ranting you post online regarding your claim or any other topic will be viewed by the adjuster. In some instances, insurance companies can even subpoena your cell phone bills to see who you called and to view your test messages. This information can be used by the insurance companies and their lawyers to argue that you are dishonest, unlikable or a “bad person”. And insurers know that jurors never award money to rude or dishonest people.
Increasingly, insurance companies are using private investigators to secretly videotape injured claimants, especially when the injuries are serious in nature. What the insurance company hopes to accomplish is obtaining footage that could incriminate and/or place at issue the validity of your injuries. These videos can be very damaging to your claim. They will not show you lying on the couch resting and in pain after
whatever strenuous activity you just undertook. Instead, they will only show you bending, squatting, lifting, etc… If you’re injured, be aware that there is a possibility you could be under surveillance and adjust your activity level accordingly.
While all of this might feel like an illegal invasion of your privacy, unfortunately it is not. By pursuing a claim you are placing the state of your health and well being at issue. Therefore, it is perfectly legal for an insurance company to research you on the internet or have your activities recorded. Remember, don’t make that job any easier – it’s always better to be safe than sorry. And when in doubt, call us. We’re always here to answer your questions and help you any way we can.
Tips on Defensive Driving
September 16, 2009 by admin · Leave a Comment
You’ve seen the statistics. There is a high probability that each one of us will be involved in a traffic accident. To better protect ourselves from the reckless behavior of other people, here are some key defensive driving tips from Bob Schaller and Road Trip America:
(1) Pay Attention. “I never saw him!” is the most common excuse heard after a collision. Was the other vehicle invisible? Virtually all collisions involve inattention on the part of one or both drivers. Inattention can involve many things, some of which are daydreaming, distractions, sleepiness, fatigue, “highway hypnosis,” talking, etc. Paying attention makes it possible for you to recognize and avoid the hazards lurking on the road. The primary attribute necessary for a safe driver is alertness, and paying attention is the most important driving task.
(2) Don’t trust anyone. You can never rely on what the other driver will do. Think back to all the mistakes you’ve made while driving over the years. Think ahead to the ones you know you will make in the future. All the other drivers are just like us! Don’t trust them! Leave yourself plenty of room. Anticipate mistakes and be ready for them.
(3) Yield Anyway! “Nobody ever yielded their way into a collision.” Think about it. If you are in doubt about who has the right of way, give it away. The other guy may be wrong, but you can end up hurt or dead. When it comes to driving safely, it’s not the principle, but the outcome, that counts.
(4) Don’t Speed. Driving at a higher than reasonable speed increases your risk in two ways: it cuts your reaction time and results in more “stored” energy (that must be dissipated in any collision). You should consider if the risks are worth the gain. This is the science of math and physics—you cannot bend these rules. Each incremental increase in speed
reduces your ability to react in time to hazards, because you may be covering Tips on Defensive Driving distance in less time than it takes to react. Normal reaction time is between .75 seconds and 1.5 seconds, on average. Average reaction time distance at 50 mph would be approximately 83 feet. At 70 mph, it is over 115 feet (over 7 car lengths). These numbers do not include braking distance, just reaction time. The average difference in reactiontime distance from 50 mph to 70 mph is about 32 feet. This is particularly important at night, when darkness restricts your visibility.
(5) Don’t Drive Impaired. Applied to driving, impairment means there is a factor present that decreases your ability to operate your vehicle safely. The first thing that comes to most folks’ minds is impairment through alcohol or other drugs.There are others as well: impairment through fatigue, or as a result of disabling injuries or illness. There was a case a few years ago where a man attempted to drive with some broken limbs. He used a tick to operate the gas pedal, and ended up losing control, overran a sidewalk, and killed a person who was using a pay phone.
Alcohol is a prime cause of impairment. Since it acts as a depressant, it begins to diminish a person’s abilities with the first sip. Many people do not realize that even at very low blood alcohol levels, way before reaching any legal limit,” impairment of physical and mental abilities is occurring. In the USA, all states now have a .08% presumptive level. If impairment causes your reaction time to double, for example, at 70 mph that can result in an additional 103 feet traveled.
high probability that each one of us
will be involved in a traffic accident.
To better protect ourselves from the
reckless behavior of other people, here
are some key defensive driving tips from
Bob Schaller and Road Trip America:
(1) Pay Attention. “I never saw
him!” is the most common excuse heard
after a collision. Was the other vehicle
invisible? Virtually all collisions involve
inattention on the part of one or both
drivers. Inattention can involve many
things, some of which are daydreaming,
distractions, sleepiness, fatigue,
“highway hypnosis,” talking, etc.
Paying attention makes it possible
for you to recognize and avoid the
hazards lurking on the road. The
primary attribute necessary for a safe
driver is alertness, and paying attention
is the most important driving task.
(2) Don’t trust anyone. You can
never rely on what the other driver
will do. Think back to all the mistakes
you’ve made while driving over the
years. Think ahead to the ones you
know you will make in the future. All
the other drivers are just like us! Don’t
trust them! Leave yourself plenty of
room. Anticipate mistakes and be ready
for them.
(3) Yield Anyway! “Nobody ever
yielded their way into a collision.” Think
about it. If you are in doubt about who
has the right of way, give it away. The
other guy may be wrong, but you can
end up hurt or dead. When it comes to
driving safely, it’s not the principle, but
the outcome, that counts.
(4) Don’t Speed. Driving at a higher
than reasonable speed increases your
risk in two ways: it cuts your reaction
time and results in more “stored”
energy (that must be dissipated in any
collision). You should consider if the
risks are worth the gain.
This is the science of math and
physics—you cannot bend these rules.
Each incremental increase in speed
reduces your ability to react in time to
hazards, because you may be covering
Tips on Defensive Driving
distance in less time than it takes to
react. Normal reaction time is between
.75 seconds and 1.5 seconds, on average.
Average reaction time distance at 50
mph would be approximately 83 feet.
At 70 mph, it is over 115 feet (over 7
car lengths). These numbers do not
include braking distance, just reaction
time. The average difference in reactiontime
distance from 50 mph to 70 mph
is about 32 feet. This is particularly
important at night, when darkness
restricts your visibility.
(5) Don’t Drive Impaired. Applied
to driving, impairment means there
is a factor present that decreases your
ability to operate your vehicle safely.
The first thing that comes to most folks’
minds is impairment through alcohol
or other drugs. There are others as well:
impairment through fatigue, or as a
result of disabling injuries or illness.
There was a case a few years ago where
a man attempted to drive with some
broken limbs. He used a stick to operate
the gas pedal, and ended up losing
control, overran a sidewalk, and killed a
person who was using a pay phone.
Alcohol is a prime cause of
impairment. Since it acts as a
depressant, it begins to diminish a
person’s abilities with the first sip. Many
people do not realize that even at very
low blood alcohol levels, way before
reaching any “legal limit,” impairment
of physical and mental abilities is
occurring. In the USA, all states now
have a .08% presumptive level. If
impairment causes your reaction time to
double, for example, at 70 mph that can
result in an additional 103 feet traveled.