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Several Very Important Motor Vehicle Accident Insights

By Dan Baldyga Email: dbpaw@comcast.net

PHOTOGRAPHS


Those taken of skid marks are so important because they’re helpful in determining fault. They can also have incredible value when you have a personal injury claim because they prove the impact your body was subjected to.

Color photographs taken of scarring, swelling, bruising and/or black-and-blue marks are dynamite additions to your claim. They can be very dramatic towards your settlement figure because they will justify your moving up from one of the “Values” that THE BASE FORMULA (The Baldyga Auto Accident Settlement Formula - found in my latest book) - - goes up to a higher figure!

YOU MUST REMEMBER: The adjuster you’re dealing with will not be out there gathering these accident facts for you. It’s up to you to do the extra work of gathering these accident facts so you’ll obtain the maximum settlement possible!

THE PROPERTY DAMAGES TO YOUR MOTOR VEHICLE

If your motor vehicle has been declared to be a “Total Loss” your insurance company has the right to decide your motor vehicle isn’t worth fixing. (Minor damage to a 15 year old Buick may result in totaling the car while major damage to a brand new Saab may not).

If you disagree with your insurance company’s assessment of your vehicle, you can hire an independent appraiser (at your own expense) to perform an inspection of our vehicle and you will get a detailed inspection in writing. This you present to your insurance company.

If they refuse to give you more money you have two options: ARBITRATION or LITIGATION. Arbitration is a process in which you and the insurance company present your facts to a third-party arbitrator. Arbitration can be binding (which means the arbiter’s decision is final) or non-binding (meaning you can still take the matter to court if you’re dissatisfied). HOWEVER: Before you decide to hire an impendent appraiser (or pursue the matter in court) you must know whether the fight to get more money for your vehicle is worth the expense. .

THE DAMAGES TO YOUR BODY

The adjuster may tell you he wants you to be examined by the doctor of his choice. Beware of such a request. Doctors assigned by the insurance company are notorious for finding nothing wrong with the claimant, and for stating in their Medical Report that, “there is no objective basis” for your complaints. .

YOU DON’T HAVE TO BE EXAMINED BY THE INSURANCE COMPANY DOCTOR UNLESS YOUR CLAIM BECOMES A FORMAL COURT CASE! Hold your ground until your attending physician has released you before you agree to be evaluated by their company physician. By then it’s too late! So much time will have passed it will be impossible for their doctor to negate or even minimize the “Pain and Suffering” your injury caused you.

THE INSURANCE ADJUSTER ASSIGNED TO YOUR CLAIM

The first rule of bargaining with an insurance adjuster is: “Never lower your demand until he makes a counter offer”! You ask, “Why, is that?” The answer to that one is, “Because his counter-offer (especially his first one) is negotiable”.

Come back at him and ask the adjuster, “Is that your maximum authority?” Now, you ask me, “Why should I do that?" The answer to that one is, “Because you’re asking him to bid against himself and you’ve not yet committed yourself to a lower figure than your initial demand”.

How can Dan Baldyga be so sure about these answers? “He’s absolutely positive because he was involved with and in the insurance claim process for over 35 years”!