Road map to solving motor claim problems
Published:Sunday | December 11, 2011 | 12:00 AM
Insurance Helpline, With Cedric Stephens
Question: I am a mechanic and a decorator by trade. I was involved in a motor accident in April 2009. A young man ran a four-way intersection and hit my 2006 Nissan bus. My vehicle overturned and was totalled. I was paid 'a smalls' for the unit. Some of my tools were destroyed in the collision while others were stolen at the scene. In addition, I was also seriously injured and was unable to work for the balance of that year and all of 2010. Things got so bad I almost lost my house due to my inability to service my mortgage. The lawyer I was using said the insurance company said for them to pay me for the tools, I would have to provide receipts and give them financial statements to show how much I was earning. I am desperate. Can you help by providing some serious, urgent and good advice?
Question: I am a mechanic and a decorator by trade. I was involved in a motor accident in April 2009. A young man ran a four-way intersection and hit my 2006 Nissan bus. My vehicle overturned and was totalled. I was paid 'a smalls' for the unit. Some of my tools were destroyed in the collision while others were stolen at the scene. In addition, I was also seriously injured and was unable to work for the balance of that year and all of 2010. Things got so bad I almost lost my house due to my inability to service my mortgage. The lawyer I was using said the insurance company said for them to pay me for the tools, I would have to provide receipts and give them financial statements to show how much I was earning. I am desperate. Can you help by providing some serious, urgent and good advice?
Helpline: I am sorry to learn that the series of problems that started with the collision nearly two years ago have not ended. On the bright side, you got a job in January of this year. This has eliminated one problem. On the other, you are still getting treatment for what appears to me, from the symptoms you described, to be a severe whiplash injury.
The third party's motor policy is the instrument that will be used to repair the disorder in your life that resulted from the accident. Money will be employed to pay for your injuries - personal and material. In order to get what is legally due as a result of the third party's negligence, you will have to: 1) choose, select and manage the relationship with an attorney, (2) quantify or get evidence to prove the losses that you suffered or the expenses that you incurred as a direct result of the accident and (3) get written evidence from your doctor(s) that will help your attorney to put a monetary value on your injuries and to recover your medical and other expenses. All three items are connected.
Insurance companies are run by hard-nosed business persons. They are in the business of making profit, not helping persons who have claims against them. To the extent that they can avoid paying claims or reduce the amounts that are paid to policyholders and claimants, shareholders and management benefit. This is why the first item on my list is so important, given the nature of your injuries. The situation is unlikely to become less stressful in the absence of a caring legal representative.
Here are some specific things that you can do to resume the process of getting compensation.
Choose another attorney
Visit the website of Future Services International http://futureservicesja.com. The company offers what it calls "a full suite of litigant support services". This means claimants like you can find a list of lawyers by location, area of specialty and make an appointment. Be on your guard before you make a selection. The website does explain what methods were used to vet the attorneys that appear on the list or offer any guarantee about the quality of service that you will receive.
Open the tab on Funding Options on the website. Carefully read all of the information. Decide if you want financial assistance to retain the services of an attorney to negotiate and settle your claim. The company provides financing. Finding money to pay lawyers is often a big obstacle for most persons.
Manage the relationship with the attorney. This means that you should recognise that you are the boss - not the lawyer. Many persons allow their attorneys to manage them instead of vice versa. Managing means leading, asking questions, making decisions, setting deadlines, doing lots of homework and consistently following up, instead of leaving things entirely in the hands of the attorney. If you fail to lead, the attorney will.
Get evidence to prove your claim
Getting evidence to prove your claim sounds more difficult than it is likely to turn out to be in practice. A little imagination and lots of common sense are all that is needed. An experienced lawyer can help guide you through the process. The first step is to prepare a list of all your tools on sheets of paper with columns marked description, quantity, date purchased, cost and estimate of value at the time of the accident. List
each item separately. Try to obtain the value of each item by contacting local or overseas suppliers (using the Internet). Do not overstate the values. The insurer will carefully check the list to verify the information that you supply. Be reasonable, fair and honest. When the list has been completed and you are satisfied that it accurately represents a fair estimate of your loss, give it to your attorney.
The income verification part of your claim should be even easier. One of the leading building societies told me that they use the rule of thumb that monthly mortgage payments should represent not more than 25 per cent of a customer's income. Assuming that your mortgagee uses a similar measure, it should be quite simple to obtain a statement or letter from the company that could be used to give a fairly good idea of your income prior to the collision. Again, this should be given to your lawyer.
Finally, your lawyer and doctor have important and separate roles to play if you are to get compensation for your injuries. One cannot do his work properly without the other. It will be your job to make sure that they work in harmony. It is my sincere hope that this advice will help you to feel less worried and provide a road map for you to arrive at a solution to your problem.
Cedric E. Stephens provides independent information and advice about the management of risks and insurance. aegisja@gmail.com SMS/text message to 812-7233.