Crane Fall Leads to New Construction Rules
Woman in Mt. Olive car crash flown to hospital
Drowsy Driving as a Profession in the Transportation Industry
One killed, 4 hurt in Turnpike collision
N.J. Woman Charged In Husband's Hit-Run Death
Bus, 75-year-old Biker Collide; Victim Trapped Under Wheels
New construction guidelines drafted to stop accidents
Edison man faces DWI charge in Florham Park crash
Charge Filed Against Chief of Truck Firm After Crash
The Attorneys at the New Jersey Injury Law Firm Brunnock and Fleming have a unique perspective on the insurance injury. Before dedicating their practice to helping the injured, they spent years working as attorneys for the insurance industry. If you or a loved one has been injured in an accident and feel that the insurance company is not taking your needs seriously, contact Brunnock and Fleming for a free legal consultation today.
As former insurance company attorneys, we have a unique, insider’s perspective on how they operate. In a recent article, we went over some of the common excuses that insurers use to either deny claims or to get you to accept a lower settlement than what you should be getting.
This is a continuation on that theme, and we do this in the hopes that you will be able to recognize them when they are used on you. If you find yourself hearing any of these excuses from an adjuster, contact the New Jersey Law Offices of Brunnock and Fleming today.
“We have video footage of you acting in a way that is not consistent with your injuries.”
This is the big cliché. The idea of someone claiming a disability to get a monthly check is caught on tape playing basketball or rebuilding the engine on his car. There are a few things you should know. In many cases there isn’t actually any footage. They just want you to doubt yourself enough to accept a smaller settlement, or get scared enough to accept nothing at all. You should also realize that even if they do have surveillance footage of some kind, there is no guarantee that it will be admissible in court.
“You didn’t notice the car was going to hit you. You were inattentive, so this accident is just as much your fault.”
This is a tactic of “blaming the victim.” They somehow want to make it seem that is was your fault that your car got broadsided in the intersection. This is absurd, and any suggestion otherwise should be discounted.
“There aren’t any witnesses to the accident to prove your version of what happened.”
That might be the case, but it still shouldn’t be an excuse to settle for a minor payment. Many attorneys use the latest in accident reconstruction techniques, making witnesses unnecessary.
“You weren’t wearing a seatbelt/were driving under the influence.”
While these are both inadvisable courses of action, it still doesn’t change the fact that you were hit by another car. Not wearing your seatbelt or having two glasses of wine at dinner did not cause your car to be hit. The other driver hit you.
“You didn’t signal your lane change/stop at the intersection for a long enough period of time.”
More victim blaming here. If you hear anything like this you should contact an attorney.
“According to the (book/software) that we use, there is no way that the accident could have caused that injury.”
Any books or software that they use to determine claims payments are thoroughly slanted and inaccurate. And unless the adjuster has a medical degree, he shouldn’t presume to tell you about your injuries.
“You saw the wrong type of doctor.”
By this they mean that you didn’t see the doctor that was on their payroll. You have every right to get an opinion from any medical professional that you choose.
“Look, we see cases like yours all the time, and there is no way any lawyer will take this to court. And even if you can find one that will, the judge is just going to throw it out.”
This is intimidation of the lowest sort. And since the adjuster doesn’t have a law degree, he has no business telling you what a lawyer or judge would do.
Excuses, flawed reasoning and intimidation are sadly common place when it comes to dealing with an insurance company. They are banking on what you don’t know. To get past these tactics, you should always consult with an attorney before negotiations begin.
If you have been injured in an accident, contact the law offices of Brunnock and Fleming today.
Brunnock & Fleming, P.C.
1776 On The Green
67 Park Place
5th Floor
Morristown, NJ 07960
Phone: (973) 898-3700
Fax: (973) 898-6766
Toll Free: (800) 378-6206