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secret one: Rigid legal time limits can prevent a victim from going to court. The insurance companies calculate with these deadlines, the so-called limitation periods. Failure to act in a timely manner can completely limit your right to compensation for damage suffered as a result of someone else’s negligent actions. In California, claims of negligence against an individual must be brought in court within 2 years of discovery of the infringement.
A special lawsuit must be filed against state entities within 180 days, otherwise the victim may even be prevented from filing a lawsuit. There are many facilities such as hospitals and recreation facilities that may not be affiliated with the government. However, if they are owned or operated by a government entity, a victim only has 180 days from the date of the injury to make a claim.
Secret Two: Immediately after the insurance company is contacted about an accident, they will hire an experienced adjuster to investigate the accident and collect evidence that will give the insurance company a reason to contest your claim and minimize your monetary loss.
Secret three: If you’re injured by an uninsured motorist, your own insurance company will be your opponent, even though your policy requires you to cooperate with the insurance company.
Secret four: Many car insurance companies now use the Colossus computer program to assess the claims of accident victims. Colossus is software used by insurance companies to help predict the settlement value of claims. According to the program’s developer, Computer Science Corporation, it is used by more than 50 percent of the country’s claims adjusters and more than 300 insurance companies. Of the top 20 P&C insurers in the US, 13 use Colossus. Colossus is kept secret by the insurance companies that use it; The expert will not tell you whether the company uses the software.
The insurance industry considers it a useful tool. Personal injury attorneys know that software favors insurance companies. First, the values you get are, by definition, a function of the data input. You never know what data the adjuster has entered. Also, the program does not take into account subjective elements of the case that are impossible to quantify, such as: B. the impairment of normal life activities resulting from an injury. In court, these signs of pain and suffering are documented by the statements of the injured party and witnesses. A computer program cannot quantify emotional stress or loss of zest for life? A Colossus assessment is an inaccurate assessment because it attempts to reduce a victim’s injury to a dollar value based only on specific facts that do not reflect the entirety of the victim’s condition or accident events.
In a trial, a jury determines the value of a claim, and the juries listen and consider many of the factors that Colossus ignores. Colossus has no way of evaluating any of the subjective elements that could increase the jury’s prize. Each victim is just a compilation of numbers in the Colossus program. Not unlike thousands of other claimants.
Experienced personal injury attorneys know how Colossus works and how to get the best settlements when working against insurance companies using the program. The key is to ensure experts understand that you, the victim, are an individual and not a number and that your accident is unique and not one of thousands of identical events. The reviewers must believe that your attorney will take the case to court if necessary. Serious preparation for the process is the best way to ensure top severance pay.
Secret five: Insurance companies have tremendous legal advantages over the average person: great wealth, thousands of trained adjusters, astute attorneys and experts, and more than 20 legal defenses they use to minimize or deny victim compensation. Insurance companies are for-profit businesses. The goal is to make money. Insurance companies do everything they can to minimize claims payments.
Secret Six: The insurance companies don’t want you to hire a lawyer. The reason is simple. Apart from minor cases, victims are consistently awarded higher compensation if they are represented by a lawyer. Auto insurance giant Allstate’s own documents show that accident victims who hired attorneys received 2 to 3 times more than victims who were not represented.
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