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Indiana Car Accident Lawyer |A Tale Of 2 Insurance Companies

Posted by Guy DiMartino | Oct 25, 2016 | 0 Comments

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Indiana car accident lawyer discusses a tale of 2 insurance companies and how there is no parody between companies.

The longer we represent clients who have been injured in car accidents and the longer we deal with insurance companies, we realize that there is no parody between companies and sometimes dealing with them is like reading tea leaves.   In prior blog posts, we discussed one of the biggest mistakes that a person injured in car accident can do is delay medical care and treatment.   As a general rule, we recommend getting checked out by a healthcare provider within 24 hours of the accident.   Let me put this in perspective by giving you two case scenarios that recently happened.

Case One

  • This is a clear liability accident.  The other driver fell asleep and veered into oncoming traffic hitting the client's truck.
  • Client was shaken up at the scene but refused care from EMS.
  • Client waited 17 days before getting checked out.  The client was hoping that the problem was nothing and would go away.
  • Client developed cervical radiculopathy (pain or numbness traveling into the arm)
  • A neck MRI showed a non-surgical herniated disc.
  • Client is treated with epidural injections in the neck.
  • Client has some permanent neck pain with occasional pain in the arm.

Case Two

  • This is a clear liability accident.  The other driver ran a stop sign and broadsided the client's car.
  • Client was shaken up at the scene but refused care from EMS.
  • Client waited three months before getting checked out.  Again, client was hoping that the problem was nothing and would go away.
  • Client developed neck pain, headaches and some jaw pain.
  • A neck MRI showed a non-surgical herniated disc.
  • Treatment was conservative including chiropractic, medication and a number of visits with a neurologist.
  • Client has intermittent headaches, neck pain and jaw pain.

Both clients received treatment and were released from active care by their doctors.  Both clients have continued symptoms related to the accident.   We put all the information together and sent demands to the car insurance companies.   We received a response from both insurance companies.

The insurance adjuster for client one called and said that he accepted liability for the accident, believed the herniated disc was related to the accident, and then he offered a minimal amount of money.  The other insurance adjuster called and said they were tendering the insurance policy limits.   The second company's insurance adjuster offered my client eight times the amount of the first insurance adjuster.   In an effort to better assist and counsel our clients, we constantly try to evaluate cases so we can give better counsel and advice.

The takeaway

This is what we learned for these cases.  The first insurance adjuster works for an insurance company that uses a computer based claims management system called Colossus.   About 20 large car insurance companies use this system.   In discussing the case with this adjuster, the only thing the adjuster talked about was the fact that the person waited just over two weeks before receiving medical care.   One of the major pieces of data that Colossus uses is whether the car accident victim goes to the emergency room.   The program gives great weight to emergency room visits.   For every day a client waits before h/she seeks medical attention, the program docks value.   The insurance adjuster had no real authority to go outside the range set by the computer.

On the other hand, the second insurance adjuster was a professional.  That insurance company understands that we are dealing with human beings.   This adjuster looked past the “data” to the actual person and adjusted the claim appropriately.

If we can give one piece of advice to a person involved in an automobile accident, it is to get checked out within 24 hours of the event.  This way the event is documented in a medical record somewhere.

Indiana car accident law is complex.  If you have any questions regarding a car accident, call our office at (219) 874-4878 .

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...

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