The Faerber Law Firm Blog

By Jared Faerber of The Faerber Law Firm

Insurance companies deliberately delay, deny, and defend automobile injury claims in Utah and other states around the country. CNN and Anderson Cooper, among others, have conducted extensive investigations to reveal these types of practices in the insurance industry.

Former insurance industry insiders have reported strategies implemented by many insurance companies to limit and deny legitimate claims in minor injury cases. As a result, insurance companies have reaped billions of dollars in profits. Have the companies passed on these profits to consumers in the form of lower premiums? Hardly. Premiums are as high or higher than ever.

Three elements were the focus of the strategy: delay, deny and then defend the claims in court. The insurance industry claims these strategies were not to be used against legitimate claims, but only to fight fraud. The individuals highlighted in CNN’s report, however, say otherwise. Injured parties would be forced to spend years and years in court in an attempt to resolve even small claims. In my years of experience as a Utah personal injury lawyer, I’ve also seen insurance companies such as Allstate, State Farm, and Farmers deny legitimate claims and fight aggressively to avoid paying fair value.

The insurance industry has also fought a new Washington State law requiring insurance companies who deny legitimate claims and later lose in court to pay three times the damages, plus attorneys’ fees. Known as the Fair Conduct Act, this law passed the legislature and was signed by the governor of Washington. Insurance companies have filed a referendum to try to get the law off the books. They have spent millions on television commercials and other advertising to defeat the law. If the industry is only using its deny, delay, and defend strategy on fraudulent claims, why are they so afraid of this law?

According to the story, in 2005, homeowner’s and auto insurance companies made a record 44.8 billion in profits, a 19% increase from 2004. The industry again made record profits in 2006, and continued to do well in 2007. Of course there is nothing wrong with making a profit, but doing so through dishonest practices is unacceptable.

For the complete CNN story, see:

http://www.youtube.com/watch?v=IvPW087RiJ8&feature=related

Posted by Utah personal injury lawyer Jared Faerber of The Faerber Law Firm

Attend to Injuries

Get medical attention immediately and tell your doctors exactly how the injury occurred. Make sure to describe all symptoms and complaints.

It is best to seek attention quickly, even if you are not sure that you need it. You may be in shock and not notice your own injuries.

Make sure to follow-up with additional concerns and follow the advice of your doctor.

Be Careful About What You Say

When talking to the police or highway patrol about the accident, it is important to be truthful, but to also keep your comments minimal. Limit yourself to asking if anyone was hurt. You should NOT:

• Apologize
• Admit it was your fault
• Say “I didn’t see you” or anything of the kind

Comments like these could be taken as an admission of fault. At this stage, it is often too early to determine fault, and you do not want to risk damaging your case down the road.

Talk to no one about the accident or injuries except the police, your doctor, or lawyer.

Report the Accident

Call 911 to report the accident. Utah law requires accidents be reported immediately to law enforcement. See Utah Code Annotated § 41-6a-401. and 41-6a-401.7. This is not only required by law, it also creates written evidence of the accident and helps document fault.

Obtain Information

• Obtain the name, address, insurance information, vehicle license number and driver’s license number of everyone involved in the accident.
• Get the names, addresses and telephone numbers of all witnesses.
• Photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (e.g., cuts, bruises).

Contact an Attorney

It is important to contact an experienced attorney immediately who specializes in personal injury claims. Early legal representation can help preserve your claim and ensure the maximum recovery. If you or a loved one has been injured in a car or truck accident, contact us today, and we would be happy to talk with you for free about how we can help.

Posted by Jared Faerber of The Faerber Law Firm.

An estimated 15 million U.S. children are still riding completely unbuckled, according to the National Safety Counsel.  This is an incredible statistic given what we know about the importance of proper restraint for children.

Experts say infants should be in rear-facing car seats, but may be moved to a forward-facing seat after their first birthday. Those from four to eight should ride in booster seats, according to safety officials, and all youngsters under the age of 12 should be in the back seat, away from air bags.

A recent Pennsylvania study found that children who weigh less than 80 pounds and use conventional seat belts are nearly four times more likely to be seriously hurt in a crash than youngsters sitting in safety or booster seats.

Children who don’t fit the seat belt properly can hit their heads on their knees, jerk forward and damage their spines, or slide out of the belt altogether.

Safety experts recommend that children up to age 4 be restrained in child safety seats and those older be placed in booster seats until they are large enough to fit properly in a seat belt, usually by age 9.

A booster seat allows a child to sit higher and fit better in the shoulder belt.

Roads in Utah and elsewhere are dangerous places.  We cannot control the driving patterns of others, so please do everything in your power to protect yourself and your loved ones.