Auto-Insurance Claims – contemporary perspectives
In today’s dynamically complicated claims regime, more and more individuals are said to be hiring attorneys to represent them in their cases. There are many reasons that have been advanced for the progressive change. The Insurance Research Council conducted a study to find out the exact percentages of persons represented in personal Injury Protection cases to be 36%. This was a five (5) % increase from 2012 and close to 20% in the 1970s. In reality, this can be alluded to the increase in public awareness about legal issues and civilian control over the law. In the examination of the 2012 study, several factors as associated with the involvement of attorneys come to play. Represented claimants had issues as listed below that would lead to other legal issues as reported:
- First, represented claimants were likely to receive treatment in pain from a hospital or clinic and also undergo MRI scanning and imaging for injuries that were similar to unrepresented claimants.
- Secondly, represented claimants were more likely to be involved in obvious claim abuse in one way or the other.
- Third, represented clients in PIP claims received, on average, lower net payments (total payments adjusted for claimed economic expenses and applicable legal fees) than those who did not hire attorneys
- The other disadvantage is that represented clients had to wait for longer periods to receive payment accruing from their claims.
In the report, there was wide variation of findings as sorted by state. Attorney involvement in states such as Florida found that there were no faults. In the state, more than 50 percent of the claimant shad attorneys. The lowest state in the survey was Kansas where only 12 percent of the claimants had hired lawyers. According to Elizabeth Sprinkel, senior president at the IRC, “The attorney involvement trends shown in this study undercut two of the envisioned benefits of no-fault auto injury systems: a less adversarial settlement process and more timely payments.” Sprinkel adds that the role of lawyers has consistently featured in the calculations for compensation of claimants. In this regard, it has been especially hard for auto insurance companies who have to dig deeper for claims compensation.
In another study titled Attorney Involvement in Auto Injury Claims, the IRC incessantly continues to research on the causes of differential treatments of claimant in their cases. Through an analysis based on over 35,000 auto injury claims, the IRC properly identifies the severity of claims and the resulting payments made.
The reasons claimants hire lawyers/attorneys are numerous. One major motivation has been the presumption that with an attorney at your fingertips, the claimants will usually receive a higher figure in compensation. However, the downfall of this presumption is that some attorneys may be inexperienced and therefore make it a longer process for the claimant to receive their dues. Another reason why attorneys are hired according to the Claims Journal is the basic spread of attorney information by word of mouth. Much as it may sound unrealistic, most claimants are afraid of representing themselves. This has led to a surge in the number of attorneys practicing in this sector. According to the DMV.ORG website which is privately on, there are a number of advantages that accrue with having lawyer on a claimant’s side. Technically, the legal process has been customized into a maze that only attorneys can disentangle. The mythical overview of the statement reveals certain truths that need to be clarified herein.
Personal claims injuries are becoming more complex by the day. The involvement of attorneys is due to claimants making sure they are not duped by insurance firms. McDivitt Law Firm, a Colorado based Personal Injury and Disability specialized firm, asserts that insurers are now spying on their clients for any malpractice. The involvement of professionals raises a red flag for the common citizens who may lack the informational entitlements or information of insurance processes. The following are some of the issues that have seen the light of day:
- In accidents, the insured will not usually ascertain (on the spot), the duration a certain injury might take. Some injuries take up to a year while others may be permanent. It is upon the insured therefore to be aggressive enough to claim because some of the injuries pose a threat to the daily livelihood that they have been used to. Attorneys come in such situations and it is upon their successful arguments by law and fact that will give the insured a new lease of life. Matters of proof will generally require the involvement of medical personnel before the final evaluation is made in court for settlement. Legal proceedings will generally require a qualified individual to properly argue the matters in dispute.
- Disputed liability is another issue facing the policyholders and insurance companies. Most insurance companies will generally want to disenfranchise the policyholder based on particular history and therefore avoid responsibility for paying the claim. On the other hand, some policyholders have been proven to be serial swindlers often jumping companies for a quick kill. In such a circumstance, it is always prudent to involve an attorney as an impartial servant of the court for quicker resolution of the matter.
- Lastly, some insurance companies will deny their responsibilities to pay, leaving the policyholder with regrets and non-refundable premiums unpaid. Refusal to pay (which can – but doesn’t necessarily stem from a disputed liability) or refusal to pay a fair amount is when an insurance company won’t make a fair settlement offer or any offer at all.
In summary, surveys have been carried out with a view to establish the reason more and more individuals are electing to retain the services of attorneys. Mostly, the trend among insurers not to compensate policyholders has been touted as the reason for the public to hire an attorney. Having said that, attorneys come with their flaws. Some take too much time to forward their client compensation while others diligently perform their duties. Be that as it may, the ultimate decision lies with the policyholders. It is upon them to find a trustworthy attorney diligent in their service offering so as to make auto insurance claims less dramatic and winding.
If you have been injured as the result of a car crash, then please contact us today for a free consultation and evaluation of your case. We have over 24 years experience and practice throughout the State of Georgia and can come to you. Please call 404-869-6969 or use our toll free number (855) LAW-FORD to secure your rights today! The Law Offices of Kevin C. Ford is currently accepting car collision and injury cases throughout Georgia.