OUTSIDE PRESSURES

Adjuster Henry Hard-Nose is not without outside pressures he must deal with every day. You should be aware of the most important of these because if understood they’ll put money in your bank.

The first of these is your State Department Of Insurance. Every state has a Department, or Commissioner, or Bureau of Insurance that overseas the antics of a Henry Hard-Nose in that particular state. Each has a Consumer Complaint Division. If the adjuster you’ve been dealing with has refused to make any offer at all, has engaged in what you consider to be unethical conduct, or has made what you believe is a ridiculously low offer, you have cause for a complaint.

The mere mention of a complaint to the State Department of Insurance may bring Hard-Nose around to making a better offer. Adjusters would rather not have to deal with such a problem PLUS:  They positively don’t want copies of them ending up in their personnel file !

Your complaint to the State Insurance Department will accomplish several things. First, Hard Nose's boss will now become aware that there’s a claimant (you) who intends to do whatever it takes to obtain some fair settlement dollars. That will often inspire that person to take a closer look at your case and come up with a better offer. Also, if indeed you write to the Consumer Complaints Division, it will evolve into what’s always a costly effort because such an issue filed with the State Insurance Department will add an additional layer of work, supervised by an extra contingent of personnel. When it’s realized this more than likely will likely come to pass they’ll try harder to dump your claim.

QUESTION: "How can Dan Baldyga be so sure of all of what he's written so far"?  ANSWER: " Dan knows and understands how the whole claims business works because, for over 30 years, he was an Insurance Adjuster, Supervisor and Manager. Then, for another 5 years he was a Trial Assistant. He's been there, where he saw and felt all that!" 

Like the vast majority of insurance adjusters Hard-Nose dreams of one day being promoted to a higher position within the company he work’s for. In his black heart Hard-Nose is aware of the fact if his personnel file has correspondence flowing into it from claimants he’s handled (plus copies of the letters which have been sent to the insurance commissioner) those will, somewhere down the line, be read by one of his companies executives. In many instances this will be a man who doesn’t want a “Problem” adjuster like a Henry Hard-Nose spluttering, splashing and crashing about his office area causing headaches and extra work within the framework of that particular executive’s command. Hard Nose is fully aware that such complaints will keep him out on the road forever - - and will surely prevent him from moving up the corporate ladder.

OTHER CRUCIAL ISSUES THAT HENRY HARD-NOSE IS AWARE OF

When it comes to the reality of the way things work in the actual, daily, experience of personal injury claim negotiations and settlement, it’s vastly different from the stipulations found in the “Formal law”. That is, legal theory, as it’s written and allegedly supposed to work. What that means is this: Hard-Nose can settle a case whether his decision to do so is based on “The Law” or not.

In the real world of Personal Injury settlements “Compromise” (one which has nothing to do with the law) is more often than not - - the order of the day. It’s commonly accepted among those is the business (because it’s what makes their work life so much easier) that in any given case there’s almost a likelihood of negligence on both sides, rather than just one driver.

What this boils down to, in practical terms, is this: Irregardless of "The Law" practically no claim is without merit or totally lacking in value of some sort, especially if the “Value” is simply to “Get rid of it”. I know this to be true because, “I’ve been there, saw, felt and done that”. However (and Hard-Nose is, more often than not, totally aware of this) - -  that concept has nothing to do with the law !

Although it’s never expressed to him “Officially” Hard-Nose quickly learns, should your case go to trail, compromise will more often than not be the order of the day, even in cases of questionable liability. This fact alone gives him plenty of room to make a compromise settlement before your case ends up in his Defense Attorney’s hands where a compromise will (somewhere along the line) usually take place anyways

Why will this come to pass? They want to get rid of it because the costs of preparing for (and then proceeding into) a courtroom battle will skyrocket and the company who hired them won't be happy about that.

Being aware of all of this is always bubbling and boiling in that gray matter between Hard-Nose’s ears. If there’s any question whatsoever, regarding who was at fault in the accident you were involved in, so don’t ever give up. YOU MUST KEEP POUNDING AWAY!

When faced with a determined claimant (you) who’s willing to wait and haggle and wont go away, the chances are very good that Hard-Nose will eventually make an offer.

This comes to pass because Hard-Nose (especially if your claim has some value) doesn’t want it to end up as a complaint at the State Department Of Insurance. Plus he knows you’ll be made, a settlement offer, somewhere down the line, anyway. So, better he settle it now, before the cost of defending it gets blown out of proportion, later.

In order to continue to look good to those who watch his progress and the way handles the outside pressure’s that haunt every adjuster Henry Hard-Nose, who wants to stay out of trouble plus continue to climb the corporate ladder to success, must be a cagey individual. For you to understand and be aware of this (if properly understood and handled) will most assuredly be to your financial advantage.

Copyright (c) 2005 by Daniel G. Baldyga. All Rights Reserved

Dan Baldyga's third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury!

Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com