HOW TO NEGOTIATE

TRUCK ACCIDENT INJURY CLAIMS

By Dan Baldyga

In January of 2005 it was written (within the confines of The Insurance Journal), “In 2003 more than 25% of motor vehicle accidents resulted in bodily injury claim”. And, in a 2004 study (executed via Trends In Injury Claims) it was stated, “Personal injury claims remain high”.

Records indicate that many people involved in motor vehicle accidents, are embarrassed to seek medical attention because of what they’ve determine to be bumps and bruises, and they didn’t seem serious enough or because the onset of the symptoms did not immediately occur.

HOWEVER: Just as soon as possible, after that impact, an initial evaluation at a local Emergency Room is positively recommended!

THE REASON FOR THAT IS: X-rays can be performed which will generally rule out broken bones or factures. PLUS: Muscle relaxants and anti-inflammatory medications can immediately be prescribed so as to address muscle strains and/or pulls.

If the onset of a serious injury is delayed, the failure to have a medical complaint recorded will affect your physical recovery. Back and neck injuries (like a herniated disc) are not always immediately determinable. They are often initially diagnosed as “Soft Tissue” injuries before an MRI or a CT Scan reveals a disc injury. Normal x-ray film - - cannot diagnose a disc injury!

HERE’S SOME FACT’S OF INSURANCE CLAIM LIFE BY THE AUTHOR OF THIS ARTICLE - - WHO WAS INVOLVED IN SUCH MATTERS FOR OVER THREE DECADES! If the adjuster can prove it (and then attempt to hang his hat on the reason “Why” he’s refusing to pay a personal injury claim) he’ll often take the position of, “It’s because there’s been a long and serious delay in receiving treatment”. Or, “Too many time-gaps in the treatment have occurred”.

Ending either one of those conclusions with, “It’s clear the impact had absolutely nothing to do what the claimant was later complaining of and being treated for”.

“WHIPLASH”

Whiplash hurls your head backward (causing Hyper-Extension) and forward (causing Hyper-Flexion) the both of which will absolutely injure your neck. Whiplash has been determined to be the most common injury resulting from a truck accident. It can cause injury to joints, discs, ligaments, cervical muscles and nerves.

A Whiplash can be short term or long life, because it can leave your neck forever vulnerable to injury. It leads to a long-term disability in 10% of those 1,000,000 people who have been “Whip-Lashed” (because of a motor vehicle accident in the United States) every year !

Records indicate that nearly 25% of those cases result in chronic pain and disability for an individual’s lifetime.

After a Whiplash injury your neck’s natural curve may be reversed, which can unevenly distribute the weight of your head and may furthermore misalign the vertebra. This can lead to arthritic degeneration and recurring pain. Records indicate that 1 in 7 whiplash victims will still have significant pain more than 3 years after the accident!

According to research published in late 2004 “MOST SEATS FAIL THE WHIPLASH TEST”. It was determined that almost two thirds (of what are advertised as “Normal” seats) left motorists vulnerable to painful whiplash injuries. Of all the models tested 18 were rated as “Good”, 27 were rated as “Acceptable” however all of the others were rated either “Marginal” or “Poor”.

In a 2004 edition the National Association Of Mutual Insurance Companies stated, “From 1980 to 2003, the Bodily Injury Claim rate increased by 19%”. They went on to say, “There were 1.05 Personal Injury claims per 100 insured vehicles”.

YOU MUST “WATCH OUT”

FOR THE OTHER DRIVERS ADJUSTER

You’ve got to be wary of the insurance adjuster contacting you, requesting a statement so he can, “Settle your claim”.

In most instances the only reason the adjuster from the other insurance company wants your statement is so to determine if he can build a defense against your claim or make his payment to you, as low as possible.

Adjusters contact you (under the pretext of helping you to settle your claim) and then attempt to use the information they’ve obtained - - to minimize your claim.

Unless the Police Report clearly places the fault on the other driver you must be very careful how you “Handle” or “Deal” with the adjuster assigned to your case because the adjuster is paid, and moved up the claims ladder, partly because of what he knows, and learned on-the-job, about insurance claims, but mostly because of how profoundly he’s capable of taking advantage of those who have a legitimate one.

DISCLAIMER: The only purpose of this article “TRUCK ACCIDENT INJURY CLAIMS” is to help truck drivers and/or owners understand the motor vehicle accident claim process. Neither Dan Baldyga, Kent Sundling nor MR. TRUCK.net make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Baldyga’s third insurance claim 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 the revolutionary 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

~ TRUCK ACCIDENT INSURANCE CLAIM ~

REGARDING IMPACTS AND INJURIES

By: Dan Baldyga

In January of 2003 it was determined that in the good ole‘ US of A, there were approximately 12.3 million motor vehicle accidents involving over 21 million vehicles in 2002. This amounts to a little over one crash per second. Let’s take a look at four of the most common of these gazillion impacts and the typical injuries they cause.

#1. LOW SPEED IMPACTS - - ESPECIALLY REAR-ENDERS: These are crashes that are considered to be any collision that takes place at speeds under 10 MPH. While there is absolutely no justification to call it a “Low Speed” impact that’s what the insurance industry loves to identify them as. Why ? Because a moniker like that is supposed to indicate that the, “so-called impact”, you were subjected to could not possibly have caused an injury.

It’s true that when such a crash does take place there’s often not a lot of damage done to the truck and yet, in most cases, people involved in these types of accidents more often than not suffer injuries - - neck injuries especially!

Although the insurance industry would like to have those making a claim think differently an injury can and absolutely does occur when a low impact collision takes place. The most common is identified as the “Whiplash”. This takes place when the occupant does not have the slightest idea about the impending collision so they can’t brace themselves by forcing their back and/or neck against the seat or headrest. Because of this their body gets whipped and snapped about something fierce.

Most bumpers are built to withstand up to a low impact crash without damage. This is not done to insure the safety of the occupant but rather to protect and limit the damage to the bumpers, keeping the cost of repair to a minimum. Many times vehicle to vehicle impacts can sustain a very minor impact before there’s recognizable damage to the truck. However, when the bumper doesn’t crumble and absorb the force of the impact, more of that crash is felt by the occupants.

IMMEDIATE INJURIES: The truck driver that’s been crashed into by another (even at very low speeds) is thrown forward with a severe jerking motion - - causing necks to snap and backs to twist. Because of this many “Soft Tissue” styled injuries take place, including multiple body bruises, plus chest and rib injuries.

In most cases adjusters attempt to deny the possibility of injuries in a low speed impact but research substantiates just the opposite! Sure, the truck will show little or no damage but the velocity and accompanying force have to be transferred somewhere, and that’s to those sitting in that truck. Motor vehicles are built to withstand such minor impacts - - the human body is not!

#2. FRONTAL COLLISIONS: In most frontal impacts the occupant’s can generally brace themselves because they’re usually aware of the collision they’re about to be subjected to. In Frontal Collisions the speed and weight of the vehicle play a role in the injuries of the occupant. (The more the truck crumbles at impact the less severe the injuries to the occupants).

In frontal impact collisions the speed and size of the truck determines the injuries that can take place. (And - - getting back to rear-end collisions for just a moment - - the striking vehicle not only undergoes a collapse, but transfers momentum to the truck that’s been struck. If there's an airbag it may or may not explode. This depends upon the rigidity of the vehicle that’s been struck).

IMMEDIATE INJURIES: Head and neck, back, spine, rib and clavicle, arms and legs, concussions, soft tissue, internal, dislocations, abrasions, cuts and bruises.

48 to 72 hours later: Headache, blurred vision, dizziness and loss of taste, smell or hearing. Also, difficulty breathing, blood in urine or stool, swelling, loss of motion and visualized bruising take place.

#3. SIDE IMPACT: Many times the occupants head will hit the side window and bounce off of it. There are no air bags nor bumpers, engines, etc., to help protect ones body or absorb the force of the impact.

IMMEDIATE INJURIES: Head and neck, arms & legs, soft tissue, dislocations, scrapes and bruises.

48 to 72 hours later: Pain, headache, blurred vision, dizziness, loss of taste, smell or hearing, numbness or tingling (and basically the same as those listed above) so, at the risk of being repetitious but because it’s so important, I must say once again: It’s of major importance that the truck driver that's exposed to impact - - no matter how slight it may seem to have been - - should immediately be examined by a medical professional.

#4. ROLL-OVER ACCIDENTS: As we all know the typical roll-over accident is deadly serious. ! The most common factors in these types of accidents are approaching a curve at too high a speed, leaving the pavement or highway, or over-correcting the steering wheel. The severity of injuries to the occupants generally depends on the beginning velocity of speed, the number of rolls, condition of the vehicle, and what your truck rolled through, over and into!

Damage to the vehicle is generally extensive. It has been determined that 60% of the economic costs from truck roll-overs resulted from occupant ejection, and that the initial roll-over speed was between 40 to 60 MPH. (A recent study reported that restrained occupants showed a higher proportion of neck injuries than the unrestrained).

IMMEDIATE INJURIES: The whole nine yards - all of those as detailed above.

The bottom line (to all 4 of the above) is that in all motor vehicle accidents - - no matter how minor the damage it’s of the greatest importance that each and every truck driver immediately visit a medical professional for a physical examination and/or consultation.

If you find yourself at the scene of an accident and somebody asks if you think they should see a doctor, your answer should always be, "ABSOLUTELY " ! Stare straight into their eyeballs and tell them, “It’s your body. There’s only one to a customer. You should do whatever you can to take care of it and protect it”.

DISCLAIMER: This article ~ TRUCK ACCIDENT INSURANCE CLAIM ~ REGARDING IMPACTS AND INJURIES is intended for background information only. Its purpose is to help people understand the truck accident claim process. Neither Dan Baldyga, Kent Sundling, nor MR. TRUCK make any guarantee of any kind whatsoever NOR purports to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. where such professional help is desired IT IS THE INDIVIDUAL’ RESPONSIBILITY TO OBTAIN IT.

Dan Baldyga’s third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) 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 the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the “Pain and Suffering” you endured - - because of your personal injury.

THE EYE WITNESS TO YOU AND YOUR TRUCK GETTING CREAMED

By: Dan Baldyga

Thirty four years ago, in a book I wrote and was published, entitled, How To Settle Your Own Insurance Claim, I stated: “An eye witness can make or break your case. If you’ve been able to keep your wits about you the first thing you should do, immediately after impact has occurred, is to find somebody who observed it. After having spotted such a person, don’t be bashful. Go right over to them and ask if they saw the accident ? If they did, jot down their name, address and telephone number. Should they drive away before you can zero in on them, make note of their registration number so you can later obtain their name through the department of motor vehicle office.”

What I wrote, over thirty years ago, remains true today. (As a matter of fact, when it comes to insurance claims, little has changed over he past sixty years)! Companies like Rock Solid Insurance are still raising rates into the stratosphere while crying in their suds about all the money claims are costing them and greedy Legal Beagle’s are still taking advantage of every truck accident victim they can sink their claws into.

A WITNESS CAN BE CRUCIAL: When you and your truck have been smashed into one of the most important sources of help - - when it comes to digging up information and assembling a record of the accident - - is the eye witness to that impact, with their accounts and recollections as to what happened. Try to secure a detailed written statement (or tape recorded or maybe even now in 2003 a video statement) from them. That “witness person” could be a passenger in other vehicles, pedestrians, onlookers and bystanders at the scene of the accident, and/or driver’s of other motor vehicle’s who were not directly involve in the accident.

UTILIZING THE WITNESS: How do you actually go about the task of securing the relevant witnesses, testimonies and cooperation? To begin with, know this: It’s important that you get to a witness first - - before that fast talking Adjuster Henry Hard-Nose, corners them and uses his expertise to twist the facts. By moving quickly you stand a good chance of getting the witness committed to your account of the events and/or to come down on your side of the case. If they do that’s money in the bank!

You should contact each witness of the accident (identified from the list of persons you compiled at the time of the accident - - or perhaps even discovered in the police report) and talk to them about what they saw, or know, concerning the accident. The ideal procedure is to get them to write out, in detail, what they observed, in their own words. If they’re not willing (or able) to do this, then write their statement yourself (or merely jot down on a pad) what each witness tells you, then have them sign and date it. Try to capture their recollections, impressions and observations of what happened.

Upon completing the interview of each witness, and taking his (or her) statement, ask that individual to read it. When they’re finished have them sign and date it, with their home address and phone number included. (If the statement is more than one page have them initial and date the bottom of each page, then ask them to apply their full and complete signature at the very end.)

You should make a copy of what they signed and send it to them. That’s so they’ll know exactly what they told you - - if, later on down the road, when Adjuster Henry Hard-Nose try’s to hustle and con them into stating something differently - - they’ll be able to stick to their guns because they’ll have written proof to show Hard-Nose exactly what they told you.

LOCATING A MISSING WITNESS: You may be unable to directly contact or locate the whereabouts of a witness whose name, home address or phone number you have obtained. (The witness may have moved). Here are two helpful steps you can take to locate a witness:

1. Send a “Certified” or “Registered” letter to that witness, addressed to his (or her) last known address with the “Return Receipt Requested” plus the “Address Only” box checked off. This way, if you receive back from the post office the return receipt signed by the witness, or executed by the post office, you should find, fully entered therein, the current address of the witness.

2. If you have their full name and address and you’re comfortable surfing through cyber-space there are dozens of ways to locate a person via your computer. Should you not be wise to the ways of the internet find somebody to help you who is.

IN SUMMARY: I spent over half my life investigating truck and other motor vehicle accidents. First as I worked my way through college as a Private Investigator, specifically assigned to auto accidents, next as a Special Investigator in the United States Navy, covering major military truck and other types of motor vehicle accidents in the mid-west, and then over thirty years as a claims adjuster, supervisor, manager and trial assistant. I know, from personal experience, a witness to an impact can be invaluable when it comes to making your case. Witnesses may be able to describe things in an accident that confirm what you know happened, thus backing up your side of the story. They may also provide you with information you were not aware of, which indicates how the other operator was at fault. A witness may have heard a verbal remark that someone other than you was at fault. Even a witness, who did not actually see your truck get crashed into, may have observed you, soon after impact, and confirm the pain and discomfort you were experiencing. A signed statement handed to Adjuster Hard-Nose, taken from somebody who did not know you personally, detailing the suffering you were enduring at the scene, right after your truck was bashed into, is even more money in the bank!

On that same subject of “pain and suffering” Adjuster Hard-Nose might try to convince you that what a witness says is less important if what is being stated is coming from a friendly driver you know. Don’t you believe it. That’s a crock! There are hundreds of thousands of truck insurance accident claims on record that prove this contention to be false. If a friend or even a relative actually saw the accident and what they observed proves you’re not at fault in any way, shape, manner or form - - and/or can detail how much physical discomfort you displayed at the scene after impact - - their value as a witness (on either issue) is worth its weight in gold.

DISCLAIMER: The only purpose of this article The Eye Witness To You And Your Truck Getting Creamed is to help readers understand the truck accident insurance claim process. Neither Dan Baldyga, Kent Sundling NOR MR. TRUCK make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.

~ YOUR TRUCK ACCIDENT CLAIM ~

COLLECTING FOR YOUR LOST WAGES

By Dan Baldyga

A couple months ago you were toolin' on down the avenue in your truck minding your own business, when out of nowhere, this fumbling, stumbling clown by the name of Freddie Fuddle flew through a Stop Sign and plowed into you with a gigantic, rip-roaring, screeching broadside. You were wearing your seat belt but it was still a thundering crash that wrenched and whipped you around the inside of your cab something fierce!

Now, after a long recovery period, Fuddle’s carrier, Granite Mountain Insurance is clamoring to close the case and they've assigned Claims Adjuster I. M. Strong, to handle your case. You and Strong are sitting at your kitchen table talking about your settlement dollars. It turns out he’s got some hang-up’s regarding your lost income. Well, here are some things you need to know:

Lost wages are one of the most important element's of your damages. Listen to me carefully when I say, "You should not think about the days you missed from work as Lost Time and Earnings. It's not Lost Time and Earnings - - it’s Lost Earning Capacity“

You ask, “What‘s Lost Earning Capacity all about? I thought I could only collect for my Lost Income?” The answer to that is, “In many situations you can claim lost income EVEN IF YOU HAVEN'T LOST ONE SINGLE PENNY “. For example, this can happen when your salary is paid because you've elected to apply for the sick leave that‘s due you, or because of an Accident and Health Policy available for you to take advantage of, or some other such arrangement.

In most instances - - even if you were paid while out of work - - you should still get that money routinely identified as Lost Wages. Why? Because that's your Lost Earning Capacity. Your Lost Earning Capacity is what’s called a Compensatory Damage. Don't let Strong swindle you out of that Compensatory Damage. Even if you’ve received an income, in some other way, you're still entitled to it. Strong will do everything he can to take advantage of you, especially when it comes to getting paid for your Lost Earning Capacity. During the course of every settlement negotiation he gets involved in, he‘ll try that tactic on for size, and it’s mind-boggling how often he gets away with it.

The typical statement made at that point, by the unsuspecting claimant is, “Hey, I understand I’m to be paid for my lost wages.”

Strong answers, “You collected $200.00 a week from your Accident and Health Policy didn’t you?”

“Yeah, but my average weekly income last year was $350.00 a week.”

“Okay”, I. M. Strong flashes a well practiced, winning smile, that tells you he’s a fair insurance claim adjuster, when in his black heart, he knows he isn‘t, “We’ll pay you that $150.00 a week difference. Let’s see, you were laid up and unable to work for 5 weeks. 5 times $150.00 is $750.00. Don’t worry my friend, I’ll see to it you’re paid that $750.00.”

“Wow!” you think, “that’s terrific !.” You’re thrilled to death with this great turn of events. But what you don’t know is that the $200.00 a week you’ve received from your Accident and Health Policy has absolutely nothing to do with your lost income. The bottom line is that Smart has just cheated you out of a couple thousand dollars! And, worse than that, the $350.00 a week income you lost (for a total of $2,450.00) would have given your case $6,000.00 to $8,000.00 more value in settlement dollars.

DOCUMENTING LOST INCOME: Obtain a letter written on official stationary declaring your gross salary income and the days you lost from work.

GROSS PAY VS. NET PAY: You should collect the "gross" wage's you lost, not the "net".

TOTAL DISABILITY and/or PARTIAL DISABILITY: For every week of Total Disability (a fact which must be stated in your doctors Final Medical Report) you should use your gross weekly income - - even if you were paid! (For every week of Partial Disability your doctor states in that Final Medical Report, you have the right to claim a substantial percentage of your income, during that period, even if you didn't lose any).

Because the following five points give value to your claim be ready to talk with Smart about and, wherever possible, prove:

(1) If you lost any vacation time or sick leave. (2) If there was any possible loss of money you could have earned in the future - - either as the driver of a truck or perhaps some other income you've got bubbling and boiling on the side. (3) If you had to forgo any bonuses. (4) If you lost an opportunity that would have led to a better job.

If any of the above four points are true than your claim is worth a ton more money!

THE CRUCIAL MEDICAL REPORT: The Granite Mountain Insurance Company and Adjuster I. M. Strong know that the longer your recovery period, the greater your "pain and suffering", therefore the higher the settlement value of your bodily injury claim. Your Chiropractor or Attending Physician must also note this in his Final Medical Report. Tell him to state exactly how long it will be, before you can get back to routine activities like golf, hunting, fishing and/or rockin' and rollin' with your lady friends.

As long as you have problems keep right on going back to see your doctor, again and again, even if it drives the poor bugger nuts! Do this because the fact that your records show a visit to him, four, eight, or twelve weeks after the accident, proves your injury needed constant attention, therefore you were unable to drive that motorcoach. Also because, when you visit your doctor and tell him there's no let-up of your pain, discomfort, stiffness or immobility - - those continuing problems must be written into the Medical Report he'll provide for you when you've finished treatment. That's the one you'll hand to Adjuster Smart when the two of you begin to talk turkey. As he reads it you’ll watch him frown, then blanch as that cocky smile disappears from his face. When you see him do that you‘ll know, "ya got him"!

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor MR. TRUCK make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

By Dan Baldyga

I've recently been asked by several readers of Mr. Truck how they can be positive they really got all the money due them by the insurance company? I'm absolutely confident that BASE (The Baldyga Auto Accident Settlement Evaluation) Formula, found in my book, will provide them with the info they need, however to answer these readers please allow me to make this suggestion:

If indeed yours is a complete and total case of clear liability on the part of the other driver - - and if you're sure of the property and personal injury "statute of limitations" in the state where the accident took place (so you don't let the time pass when you can collect for your property damage, all your out-of-pocket expenses plus your "pain and suffering") - - you should dicker with the insurance company and obtain from them the best possible offer they'll come up with.

Once you've done that go out and find a Legal Beagle to take on your case (but only on one condition) and that is your lawyer will take their fee from the money they obtain over and above what you've already been offered in settlement. In other words, if the insurance company offers you a bottom-line settlement (which includes your medical bills, property damage, lost wages, and all your other out-of-pocket expenses - - plus an additional amount for your "pain and suffering") - - and let's say that figure is $10,000, you should tell that Beagle, "Okay I'll give you my case however your commission should be taken from whatever you get above and beyond that $10,000." At that point they'll hear that Legal Beagle howling from several blocks away!

When he stops bellowing ask him why he should get a portion of the $10,000 you've already been offered? The Beagle will slink around the office, spittle dripping from his jaws, clawing the rug and/or humping your leg because there's no answer to that question.

Should that Beagle continue to give you a hard time say, "Tell you what, your commission is usually 1/3 of the recovery. In this instance I'll give you 50% of the recovery! In other words, I'll split every dollar you get - - above and beyond that $10,000 I've been offered - - fifty-fifty !"

If the Beagle still balks (and you're absolutely positive the accident is not a question of liability but rather "how much" it's worth) you can find one that will. Even if they're not a self-proclaimed alleged "hot shot" - - or maybe a youngster just beginning their practice - - it's okay. If it's only a question of "how much" you'll find one. And, if they all turn you down, you can be 99.9% assured that the money offered is just about the limit of what your claim is worth.

So, friends of Mr. Truck (after you've read my book and applied The BASE Formula) try the above on for size - - what can you lose? Just make sure you don't let that statute run.

DISCLAIMER: This claim article SPECIAL FOR THE READERS OF MR.TRUCK is intended for background information. Its only purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor Mr. Truck makes no guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL'S RESPONSIBILITY TO OBTAIN.

Most adjusters function like Henry Hard-Nose of Rock Solid Insurance Corporation. They’re thick skinned and difficult to deal with. Below is a typical verbal exchange a month or so after you and Hard-Nose had last met in an attempt to settle. At that time he had taken the position that the injury to your shoulder was not as serious as your attending physicians Medical Report stated it was. (Question: Do they fight what your attending physician wrote in their report? Answer: Yes, absolutely! Take it from Dan, who was on that firing line for over 30 years).

The following is a typical verbal settlement exchange after your last meeting had ended “up in the air” - - slowing floating around out there in outer space.

You first - - and here’s the counter argument you should make: “Look, with all due respect, you are not a doctor. You’re no medical expert who has the know-how to second-guess my doctor. When we last met you said my shoulder was ‘only a bruise’ as opposed to a dislocation. I have again talked to my doctor and he remains firm about the accuracy of his original diagnosis. He states that I absolutely suffered a dislocation of my shoulder. But, even apart from his analysis, I’m the best judge of my own injury - - that is, how painful my life has been, and the suffering I’ve had to endure“.

At that point Hard-Nose will always attempt his usual tactic of interrupting your logic but stiffen up, wave him off and say, “Look, let me finish. You owe me that because it was your insured who flew through a Stop Sign and bashed into me and my truck. You and I both know he’s one hundred percent at fault and if this talk about settling for my “pain and discomfort” gets any more one-sided I’m gonna be left with no choice but to hire myself a lawyer.”

Hard-Nose will stiffen up! Now, you proceed, “How is it sir, that its been over three months since this accident and there are times when I still suffer excruciating pains? How is it that I can’t lift things like I used to? The truth is it hurts, it bothers me and it has disabled me. I’ve been enduring it but it’s been awful and it has disrupted my life terribly. My shoulder is not a ‘mere bruise’ to me sir. Neither does my doctor say it is. He states that my shoulder was definitely dislocated and it will take several more months to clear up”!

All of the above is an example of your central approach to the predictably belligerent, difficult-to-deal-with adjuster. You should be firm and aggressive but not hostile. Yours should be a thoughtful presentation that relies on the power and persuasiveness of a sound demand adequately documented and properly communicated.

The three crucial questions you must ask Hard-Nose are:(#1) How much will you pay me for the damage to my truck and all other provable property damage? (#2) How much will you pay me as a fair settlement for my provable lost wages and medical expenses? (#3) How much will you pay me for my disability and my “Pain and Suffering”?

In most instances Hard-Nose will head for the hills - - unwilling to give you a straight answer. He’ll sidestep and do a slow waltz by asking you a loaded question like, “Okay, what do you think your claim is worth?”

Such a question is predictable because Hard-Nose prefers that you’re the one who makes the settlement demand first. Why? Because you may ask for less than what he was preparing to offer! And also because, if you make an excessive demand, he won’t have committed himself to an offer which will have left no room for further negotiations. In other words, Hard-Nose is in his best position to exercise “command and control” over the manipulation (and setting) of the dollar amount to be paid when it’s you that makes the settlement demand first, rather than he making the settlement offer. Don’t provide him with this advantage!

To win this crucial “game” he must suspect you’re close to obtaining a lawyer to handle your case so you should insist on the offer (one that’s realistic and made in good faith) to come from him before you make your demand. Why? Because at that point it’s all about who gets to control the value of your claim - - you or Hard-Nose?

It’s not sufficient for Hard-Nose to merely come up with a phony offer. You must insist upon, and hold out, until he makes the first offer and that it’s a realistic one. Then, and only then, is when you should respond with your own first counter-demand. Up until that point never let him know what you’d be willing to settle for. If you do you’ll lose control and that could cost you big bucks!

DISCLAIMER: This claim tip ~ DEALING WITH HENRY HARD-NOSE ~ THE TYPICAL INSURANCE ADJUSTER is intended for background information. It’s purpose is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, nor H. Kent Sundling and/or Mr. Truck makes any guarantee of any kind whatsoever NOR purports to engage in rendering any professional legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY TO OBTAIN IT.

There are dozens of insurance claim possibilities which will increase the dollars awarded you in the settlement of your personal injury claim. Some of them rarely see the light of day but some do. The six I’ve listed below are crucial for you to be aware of as you prepare to go to war with Henry Hard-Nose, the adjuster from Fuddle's carrier Rock Solid Insurance, regarding the value of your loss. They are:

(1) EMOTIONAL REACTIONS TO YOUR INJURY: When it comes to placing a dollar value on the “Emotional Reaction” of an injury one enters into an area where most individuals, even experienced claims adjuster’s and Legal Beagles, are at a loss.

Four often ignored “Characteristic Symptoms” can be: Confusion, Anxiety, Depression and Denial. “Denial”, that is, regarding the seriousness of your injury and the constant pain you feel. This usually comes to pass when one refuses to complain anything is seriously wrong, convincing themselves it will work itself out because they’re one tough cookie!

If any of the above “Emotional Reactions” (which are a direct result of “Characteristic Symptoms“) becomes a reality it would be wise for you to see a shrink. Maybe you won’t immediately identify this as something you need to have checked out but the person you climb into bed with probably will. When she tells you you‘re not functioning (between your ears) all that well, listen up! If that’s what you’re told you should swallow hard and obtain an expert’s opinion. You may consider yourself a muscular "Power To Be Reckoned With" but you’re not Superman so, talk to a specialist, explain what’s happening, and let it all hang out.

Once you’ve been discharged, get that specialist’s written Medical Report and hand it to Hard-Nose, along with the medical bills for your treatment. Is that legit? The answer is absolutely, yes! Can he refuse to accept them and suggest they add no value to your claim? The answer is absolutely, no! Question: How does Dan know that? Answer: Because he was part of all that for over 30 years.

(2) EMOTIONAL DISTRESS: Emotional distress is legitimate "pain and suffering" and you should be compensated for it. For example, problems that may develop over the effects of an accident within the area of your work or business, or perhaps interfere with your sex life! Whatever it is that’s causing you problems you should see a specialist. Keep going back to see him for as long as it takes to return to normal. At the end of his treatment, when he's finally discharged you, ask for and obtain his written report. Present that to Adjuster Henry Hard-Nose along with the specialist’s bill for their services. This is a legitimate expense and it positively gives your personal injury more value !

(3) SECURING COMPENSATION FOR LIFE DISRUPTIONS: If your injuries caused you to miss some special training you had arranged to take advantage of, you'll probably, at some point, want to make that time up. The difficulty you may experience in making up that missed time (or perhaps never again being able to obtain it) has the potential to increase the value of your settlement. To achieve that you must obtain written proof and present it to Adjuster Hard-Nose.

Also to be taken into consideration is a vacation you may have been unable to take, or some recreational event’s in which you could not participate in and/or a missed special event, like a wedding or a reunion, etc. All of these, properly documented, add value to your claim because they are specific examples of the inconvenience and discomfort you've endured as a direct result of your injury.

(4) YOUR AGE: In the evaluation of an individuals "pain and suffering", age is always a factor because the older you are the longer the periods of Total or Partial Disability will be. This will affect the course of treatment plus the length of time of the "pain killers" you’ve been ordered to take. For example: Over age 50 disability is about 10% to 15% longer, over age 60 disability is about 20% to 30% longer, over 70 disability can be 35% to 45% longer and over 75 disability can often be 50% and longer.

(5) PRE-EXISTING MEDICAL PROBLEMS: Also pre-existing conditions are factor’s that must be considered: For example: Arthritis, Sugar Diabetes, Pervious Injuries and/or Previous Operations that have left you with on-going problems, etc.

Whatever that pre-existing situation may be you should look to your attending physician for advice. Don't avoid discussing this with him. If any doubt exists you should insist your doctor refer you to a specialist for consultation. If your physician is legit he'll agree. If he doesn't than kiss that goodie-two-shoes "goodbye" and go dig up a specialist on your own. It's your body and there's only one to a customer!

(6) ONE THING YOU SHOULD NEVER FORGET IS THAT THE VISIBLE DAMAGES TO YOUR TRUCK CAN VERY OFTEN PROFOUNDLY AFFECT THE AMOUNT OF MONEY YOU'RE EVENTUALLY PAID: If your truck was badly smashed, that goes a long way proving that your injuries were sever and therefore painful. You must snap photographs of that property damage. Shoot a couple rolls of colored and also black and white (black and white because in some instances colored photographs cannot be entered as evidence in a court of law). Take them from different angles and various distances. Like for example, 30 feet away, then 15, then right up close.

Make two sets. One for you and one for Hard-Nose. Blow those suckers up into 8X10 glossies and present them to him. Both the size of your repair bill and those photographs will go a long way towards proving two important points: First, that you know what you're doing and second, that the injuries you received from that god-awful impact (and the long period of pain, suffering and discomfort you‘ve had to deal with) - - if and when viewed by a judge or jury - - are proof positive of what your injury caused your body to endure.

DISCLAIMER: The only purpose of this claim tip, Six Crucial Insurance Claim Possibilities, is to help those involved in the trucking business to understand the motor vehicle accident claim process. Neither Dan Baldyga, nor H. Kent Sundling and/or Mr. Truck.net makes any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

Copyright (c) 2002 Daniel G. Baldyga. All Rights Reserved