by Bill Eiland | Apr 17, 2024 | LawCall Q&A
Question: I was in a car accident a year ago. The insurance company said I would be paid for loss of income, but I never received that. I’ve been off work for nine months. I don’t have an attorney; the insurance people said I don’t need one. They keep saying they are working on it. But I need my money.
BILL: Yeah, it sounds like you’re just getting the runaround. You gotta be the squeaky wheel. So, I would just keep calling that adjuster.
Now, if you really want to be that squeaky wheel, tell them to write down their plan of action; yes, tell them to send you a letter or an email explaining why they’re not taking care of you. Put them on the hook. That way, there’s no hearsay or, you know, he said this, or she said that. Tell them to put it in writing, and I bet that will get some action.
We do this all the time. I just recently did that for a client who was denied. I said to the insurance company, well, send me the policy excerpt that you’re relying on to not accept responsibility. This does two things. First, you have something in writing when you go to challenge the decision, and second, the adjuster now has to second guess what his or her boss will think. It might be easier to just settle with you and get you off the adjuster’s back.
Sadly, this is often how dealing with insurance companies works. Don’t be afraid of being a pest. Hey, they are the ones doing you wrong.
This might surprise you, but we tell more people that they don’t need a lawyer than we tell them that they do. For something like this, you really can do it yourself.
Now, if it comes to bringing a lawsuit … get a lawyer. Don’t go that alone. You could be the smartest person in the world, but if you take on a lawsuit by yourself against a trained professional lawyer, you are going to lose. It is the lawyers’ playground. They know the rules. They know the procedures. And you do not. And I’ve seen people wanna do it just to prove to everybody how smart they are. It never goes well. Believe me now or believe me later, the lawyer could be half as smart as you, and he or she will still win.
Let me say it one more time as your friend (and a lawyer}: if you go into a courtroom as your own lawyer, it is not going to end well … for you.
Now, go call that adjuster.
CALL BILL
Injured? You can call Bill at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | Apr 9, 2024 | LawCall Q&A
QUESTION: Hi. My aunt was in a wreck about two weeks ago. She’s been in hospital ever since, and she was going down the interstate, and the tire on an 18-wheeler next to her blew. The debris flew out from underneath the 18-wheeler, and it hit her car, and then she ended up going down an embankment. We don’t really know what to do next. We aren’t sure how to file this under insurance or anything. We’re hoping you can help. Thank you.
BILL: Oh my God. I mean, this is a no-brainer. You got an 18-wheeler, and their tire blew. Clearly, it’s the 18-wheeler’s fault or, you know, the maintenance department. There’s not much to prove here. Often, if there’s an accident, you need witnesses to explain what actually happened. In this case, it’s clear.
My first piece of advice is there is no way that you should go at it alone. You should and need to speak to a lawyer handling these cases immediately. 18-wheeler cases are a little bit different than, say, a normal automobile accident between two individuals. You’re dealing with trained professionals who are representing the trucking company, and their job is to get you as little as possible.
You could be dealing with millions of dollars in coverage, and you want your share. Need proof of how seriously a trucking company takes an accident? They will have investigators at the scene within 20 minutes, and that’s just the way it is. So, don’t think about handling it yourself or making a claim with your insurance company. This is a serious situation, and you need to get the best lawyer you possibly can.
And don’t rely on TV commercials. You have seen those 30-second jingles with good-looking supermodels jumping up and down saying so and so, got me millions of dollars. Well, those people are probably not the people injured. In fact, I can almost guarantee it. They’re there to get your attention and are being told what to say.
Trucking cases can be complex, full of details, and require extensive investigation. We will need to collect medical records, maintenance records, insurance availability, manufacturing details, and so much more.
I was recently involved in a case that hinged on my proving that the tires had not been serviced in a long time.
Let me finish up by mentioning one other thing. A good lawyer will anticipate your needs for the future. Any accident like this will have lasting consequences, and you will need to be compensated for them.
CALL BILL
Injured? You can call Bill at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.