After an accident - Written statements, Recorded Statements, & Sworn Statements

After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement." 

Be very careful about what you tell the insurance adjuster.    Especially if you don't have your own lawyer yet.

In fact, it is a good idea many times not to give a recorded statement at all.  Why?  Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on. 

Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.

One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on.  The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time. 

When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case.  The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people. 

Do you want to know if the insurance company is trying to trick you? 

If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:

1.  Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?

2.  Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?

3.  Before you take my statement, may I see a copy of your investigation file for this case?

4.  Before you take my statement, can I take a recorded or written statement from the person who hit my car?

5.  Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?

Most insurance adjuster will not answer these questions or follow-thru with the commitments in the questions.  That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim.  They are trying to minimize what they owe you.

Don't fall victim to the insurance company traps. 

Insurance Company Liable For $9 Million Dollars After Cancelling Health Insurance Policy for Cancer Patient

Last week, Health Net, Inc., a health insurance company, was found liable to one of its policyholders for cancelling a cancer patient's health insurance policy while the patient was undergoing treatment.

The decision prompted Health Net to announce that they are scrapping present and future cancelation plans.

The decisionmaker, Sam Cianchetti, a retired Los Angeles County judge, found that Health Net had violated numerous state law in canceling Pasty Bates' policy.  He called the company's actions "despicable."

The trial also revealed that Health Net tied employee bonuses to the number of policies cancelled.  The retired judge called the bonus program reprehensible.

What does this decision mean for Texas policyholders or Texas accident and injury victims who have been mistreated by the insurance companies?

Unfortunately, not much.  In the past 10 years or so, Texas lawmakers and Texas courts have passed laws and issued decisions that protect insurance companies over policyholders.  It is still very difficult in Texas to sue an insurance company directly and win.  And even if you win, the laws make it difficult to survive an appeal.

If you are interested in protecting policyholders over insurance companies, the only way to make that happen is for your representatives to pass laws removing some of the protections provided to the insurance companies.  Call your state representative and bring this to their attention.

I was involved in a car accident in Houston - The other driver's insurance said I don't need a lawyer - Is this true?

Some insurance companies will send letters to people involved in car or truck accidents telling the injured person that they do not need an attorney.

Since 1995, for example, Allstate has been sending a letter entitled "Do I need an Attorney?" which makes the following claims, among others:

1.  Claims are settled faster when a lawyer is not involved;
2.  Lawyers charge a percentage of recovery and if you settle directly with Allstate you get to keep the entire amount;
3.  Injury victims can hire a lawyer later if they don't like the settlement offer;

The letter includes many other statements that are misleading, half-true, or not true at all.  Other insurance companies also try to convince injured people not to hire their own lawyer.

Here is the plain truth--Allstate, and the other insurance companies who send these types of letters, do not care anything at all about you or whether you receive a fair settlement.

In fact, the insurance company's own statistics prove that its costs the insurance industry an average of $9000 more per claim when the injured person has a lawyer. 

The reason the insurance companies try to convince people not to hire an experienced lawyer is because they know they can settle the case more cheaply if the injured person doesn't have a lawyer.

The truth is that you should always at least consult with an attorney before settling a personal injury or wrongful death claim.  Our firm never charges anything for meeting with a client and answering any questions they may have about their case.   Other good personal injury firms in Houston offer the same benefit.

For example, we will talk to you about:

1.  The reasonable value of your case;
2.  Why delay may be a good thing (or a bad thing);
3.  How to get your medical bills and treatment taken care of;
4.  How to recoup any lost wages;
5.  How long the case will take.

And many other topics.  Or any other questions you may have about your case.

The insurance companies won't answer these questions.  Or at least they won't give you straight and truthful answers.

If you have been involved in a serious car or truck accident in Houston, and the insurance company is trying to convince you not to hire a lawyer, you should know right away that they are trying to trick you into settling your case for pennies on the dollar

And once you know the insurance company is trying to do this, you know you can't trust a thing they tell you after that.

For more information on insurance company tricks, visit our firm's main website, www.vbattorneys.com.