Don't Talk to the Insurance Company!

It often happens without notice. You're driving along, being careful as always, when suddenly – BAM – you’ve been hit by another car. Maybe you were rear-ended in traffic. Perhaps you were t-boned by a driver who ran a red light or a stop sign. You are in shock and you don’t even know for sure if you’ve been hurt. Or maybe there's no doubt at all that you’ve been injured. The one thing you do know is that the accident wasn’t your fault.

Once you get checked out in the hospital or by your doctor the reality of your situation begins to set in – you’ve been injured in an accident that was not your fault. Some time later you get a call from the other driver’s insurance company. They want to talk to you about the accident. Perhaps they want to take a recorded statement. You think “what could be the harm of talking to them” and you take the call.

BAD IDEA!

But why is it a bad idea to talk to the insurance company? The accident clearly wasn’t your fault. You really were hurt – you aren’t making up your injuries. All you want to do is tell the truth and seek a fair recovery for your injuries. What could be the harm?

The problem is this: When you have a claim against an insurance company, they have one and only one objective – to pay you as little money as possible. If they can get away with paying you nothing, they will do so. If they can force you to accept a fraction of what your claim is worth, they will do so. They have ABSOLUTELY NO INTEREST in your well being or in your making a fair recovery for your injuries. They are beholden to nobody but their shareholders, who are seeking maximum profit.

The other problem is this: They are very good at what they do. Claims adjusters are evaluated by how little money they pay out on their claims. The best ones (who pay out the least) get large bonuses and promotions. It is their full time job to find reasons not to pay you a fair amount for your injuries. You on the other hand, likely already have a full time job, as well as family obligations. On top of your usual responsibilities, you are dealing with an injury and the pain, stress and medical appointments that go along with it.

So what does all of this have to do with speaking to the insurance company? It’s simple. They will use anything you say against you. They will ask confusing questions and if they don’t like your answers, they will ask the same questions in different ways. They will ask questions about irrelevant past events and attempt to use them against you. They will suggest that you have a duty to provide them with access to your medical records, your employment records and other confidential information. If you provide this information, they will comb through it for ammunition to defeat your claim. They are not interested in truth or fairness. They are interested in defeating you and forcing you to walk away with nothing. They don’t care that you really were injured and it was the other driver’s fault. To them, that is irrelevant.

So how can an attorney help?

• An attorney knows that you are not required to make a statement to the other driver’s insurance at all. If he or she agrees to do so, it is only because it will likely help to bring the claim to a favorable outcome.
• An attorney knows what you are required to share and what is private. The other driver’s insurance company has no right to rummage through your past medical and employment records at this point in your case.
• Finally, a good attorney has your back during the recorded statement. If the claims adjuster asks unfair, confusing or improper questions, an attorney can protect your rights, clarify the question, or even put a stop to the whole interview.

In short, an attorney knows what your rights are and how to protect them.

Having an attorney present during any interaction with the insurance company doesn’t guarantee a favorable outcome. But it certainly limits the insurance company’s opportunities to take advantage of you, and makes it more likely that the truth will ultimately prevail.

If you have any questions about speaking to an insurance company after an accident, or any aspect of a personal injury claim, please visit our website for more information or send me an email: matt@dubinlawoffice.com

Team Member Profile - Lindsey Trainor

If you have had any contact with the Law Office of Matthew Dubin during the last 2 years, you have almost certainly met (or at least spoken to) Lindsey Trainor. I'm confident that you have found the experience positive and professional.

I hired Lindsey in the summer of 2007 shortly after she graduated from the University of Michigan with a degree in history. Lindsey was chosen over more than 100 applicants because of her outstanding academic record, her exemplary writing ability and her glowing, enthusiastic recommendations.

As anyone who has met Lindsey knows, she quickly exceeded all reasonable expectations.

For the past 2 years, Lindsey has essentially served as an office manager, administrative assistant, legal secretary, receptionist, file clerk and all around helper. She has answered clients' questions and addressed their concerns when I was not available to do so. She has kept me organized and on track. Essentially, she made herself indispensable. As an added bonus, she has always been an absolute joy to be around. During her short tenure, Lindsey has always been there when I've needed her - rain or shine (or even snow).

It is therefore with mixed feelings that I must prepare to say good bye to Lindsey, who has been accepted to attend law school at the University of Michigan beginning in the fall. While this is a terrible loss to the Law Office of Matthew Dubin, it is a great victory for the legal community, which will benefit from the contributions of one of the most intelligent, hard-working, ethical, good-hearted people I have had the privilege to know.

Before Lindsey leaves for Michigan, she will pass on all of the accumulated knowledge and insight of the past 2 years to Emma Puckett, who begins as our next Legal Assistant on June 1. Emma succeeds Lindsey in this position, and I am certain she will shine in her own right, but Lindsey will not be replaced.

Therefore, with gratitude for 2 years of dedicated service and sincere best wishes for a glorious and triumphant future in law school and beyond, we prepare to bid Lindsey adieu.

Give 'em hell, Lindsey!

UM/UIM Coverage - Looking Out For Number 1

Washington law requires all drivers to carry liability insurance. This coverage will protect you from liability by compensating the victims of an accident you cause. But what if the victim is you? What if you are injured and you didn’t cause the accident? What if another driver caused the accident? And what if that driver is uninsured, as around 20% of Washington drivers are?

http://www.kirotv.com/money/15382772/detail.html

If you have health insurance, it may pay for some of your accident-related medical bills (after you satisfy all of your deductibles and co-pays).

If you have PIP coverage through your own auto insurer, that may pay some of your bills as well.

However, neither of these policies will compensate you for the non-economic damages you sustain in the accident – your pain and suffering, disability, or the impact on your quality of life. In order to make a full recovery, you need to have Uninsured Motorist (UM) or Under insured Motorist (UIM) coverage through your own auto insurer.

An uninsured motorist has no liability insurance at all while an under insured motorist has liability insurance, but not enough to compensate you for your loss. If you suffer a truly catastrophic loss, even a person with a million dollars in liability coverage could be considered under insured.

UM/UIM coverage protects you when you are injured by an uninsured or under insured driver, or when the driver who caused the accident is unknown (such as in a hit and run collision). Basically, when you have UM/UIM coverage, your insurer acts as if it was the insurer for the driver who caused the accident.

While PIP only pays for medical (and some other) expenses, UM/UIM will cover medical expenses, property damage and lost income as well as your non-economic damages such as physical pain and emotional distress, disability, disfigurement and loss of enjoyment of life.

Check your auto insurance policy right now! If you don’t have UM/UIM coverage, call your insurer and add it. It doesn’t cost very much, and with all of those uninsured drivers out there, it just doesn’t make sense to go without it. The reality is, the chances of making a recovery from an uninsured driver are slim. If you are hit by an uninsured driver, your best chance of making a recovery is by making sure you have adequate coverage.

If you are a law abiding driver, you already have liability insurance. Good for you. You are being a responsible driver and are looking out for those you might injure in a moment of carelessness or inattention.

Don’t you think you should look out for yourself as well?

If you have any more questions about UM/UIM coverage or auto insurance in general, please check out our website or send me an email: matt@dubinlawoffice.com

We've Hired a New Legal Assistant

Congratulations to Emma Puckett, soon to be a graduate of Willamette University. Out of over 200 applicants for the legal assistant position, Emma rose to the top. Her diversity of experience, intelligence, highly developed communication skills, organizational ability, work-ethic and amazing writing ability made her an obvious choice for the job.

We look forward to welcoming Emma on June 1, at which time she will learn everything she can from Lindsey before Lindsey heads off to Michigan Law - a loss to me but a huge gain for the legal community.

Why do I have to pay back my own insurer?

Many of my clients have personal injury protection (PIP) coverage through their auto insurance. This coverage acts like health insurance without the same restrictions (no co-pays or deductibles, no referrals required, no networks to worry about). If you are injured in an auto accident and you have PIP coverage, you can see any health care provider you want and the insurance has to pay as long as the treatment is reasonable, medically necessary and accident related. This is a great advantage when you have been injured.

Check your auto policy now! If you don't already have PIP coverage, call your insurer and get it immediately. This coverage doesn't cost very much and you'll be glad you have it if you are hurt in an accident. While you are on the phone with your insurer make sure you have Uninsured Motorist Coverage (UIM) as well. I'll discuss UIM coverage in another entry, but believe me - you want it.

After you finish your treatment, if you never make a claim against the other driver, you never have to pay back your PIP insurance. However, if you do make a recovery, your PIP insurer is entitled to get paid back. This right is called subrogation.

In the past, your PIP insurer could recover 100% of what it paid for your medical expenses, even though you may have incurred substantial expenses for legal fees and costs. However, in a series of landmark decisions over 10 years old, the Washington Supreme Court ruled that if your insurance company benefits from the lawyer's work, then it should pay its fair share of the attorney's fee and costs. To read more about these landmark decisions, see the following article:

http://www.appeal-law.com/articles/mahler.html

How it works now is simple. Let's say your PIP insurance pays $10,000 toward your medical bills and you settle your claim against the other driver. In the past, you would have had to pay $10,000 out of your settlement to your own insurance company. Under the new law, if you have an attorney, you can deduct a one-third fee as well as the insurance company's share of costs advanced from the $10,000 resulting in a payment to the insurance company of less than $6,666.67. This puts an extra $3,333.33+ in your pocket.

Insurance companies don't tell you that if you try to settle without an attorney, you are still responsible to pay back your PIP insurer 100% of what they paid.

Of course, if you exhaust the available insurance limits, there is no obligation to pay back your PIP carrier at all. This is based on a presumption that you have not been "fully compensated" (as if any injured person is ever "fully compensated" by receiving some money).

For more information about PIP coverage, subrogation and the Mahler decision, please check out my website or send me an email: matt@dubinlawoffice.com