Insurance Claims Attorney

PROUDLY SERVING NORTH TEXAS & SURROUNDING AREAS

If you have been hurt in an accident, you will be contacted by someone representing the insurance company. Do not talk to representatives from the other driver's insurance company before you talk to an attorney. Insurance adjusters are specially trained in the use of tactics to get you to say things which lessons the value of your claim or persuade you to take a settlement far below the amount you are entitled to receive under the law.


If you get a call from the insurance company, tell them they should speak with your lawyer. At the Law Offices of Ostovich & Associates, P.C., we have seen all of the insurance company tricks that representatives use against injury victims. We have experience handling all types of claims, including car accidents, nursing home negligence, premises liability and many others.

INSURANCE COMPANIES ATTEMPT TO STACK THE DECK AGAINST YOU

Depending on the type of accident involved, the insurance company representative will sometimes go directly to the scene of the accident, sometimes getting there before the police do. They may start questioning the victims and witnesses to find out what they are likely to say to the police officer. The insurance company representative will sometimes speak with the police officer and try to "help" by sharing all of the information he or she has gathered.


The problem is that the insurance company representative will downplay or completely omit key information critical to your claim. The insurance company representative may also try to guide the police officer away from people who are likely to make a statement favorable to your case. Mostly the insurance company representative will coach his or her client on what to reveal in the police statement.

Insurance Claims FAQs

  • Q: Must the insurance company be fair?

    The negligent party's insurance company does not have to be fair to you, it only has to be fair to the party who it insures or has a contract with. The insurance company has to protect their insured and you are a stranger to that contract. The insurance company is looking out for the insured. You will need an attorney to look out for you, evaluate your case and make sure the insurance company treats you fairly.

  • Q: Is it true that if I hire an attorney in a serious case, I am likely to recover more money in settlement than if I try to settle the claim on my own?

    Insurance companies probably believe this is true. There was a study by the Insurance Research Council (a nonprofit group funded by major insurance companies across the nation) titled “Injuries In Auto Accidents” (1999). It found that the average total payout on claims that have an attorney is often greater than those claims where the injury victim settled on his or her own, and attorney represented claimants accounted for a disproportionately high amount of total claim dollars paid for most coverage categories.

    Allstate documents show represented clients in many cases get 2 to 3 times the amount unrepresented clients get. The insurance companies know if you have a serious injury and hire a good attorney you have a good chance of getting more in settlement, even after deducting the attorney's fee.

  • Q: Why do I have to give you a recorded statement when you can get information about the accident from the police report?

    Beware the insurance company will attempt to use your own statement against you! In many accidents a police report is filed and the insurance company has easy access to this report (it just takes a request and small fee). So why is a recorded statement necessary? Most companies have policies requiring the adjustor to get a recorded statement to uncover any information the accident victim might reveal which could be later used to either deny the claim or pay out less money at the time of settlement. Regarding your own insurance company, you are probably contractually required to give them a statement. They may ask for it to be recorded, and in some cases demand a sworn statement under oath. Before you say something to hurt your case, consider consulting an experienced injury accident trial lawyer.

  • Q: If I give you a recorded statement, can I then get a recorded statement from your own insured, i.e., the other driver?

    No. This will never happen. Although it seems fair the insurance company will not allow this as it is generally perceived not to be in their insured's interest.

  • Q: Why do I have to give you an unrestricted medical authorization before I can settle the claim?

    The adjustor wants your past medical history and to find anything about your prior health which will help the company either deny your claim or pay out as little as possible. By using a lawyer, the lawyer prior to suit will only submit what’s pertinent.

  • Q: Shouldn’t I wait to settle the claim until my medical treatment concludes, or until I’m sure that I have made a full recovery?

    The insurance company knows the sooner you settle the claim the less money it will have to pay out. Once you settle the claim you can’t reopen the case if it turns out your injuries are worse or if you need more treatment as recommended by your doctor. Most insurance companies have written directives in place to its claims department to settle every claim as quickly as possible so the accident victim can’t reopen the case later if the person’s condition gets worse. So it’s smart to wait to settle your claim so you know all of your injuries and any future care which may be necessary.

  • Q: If you are claiming that my medical treatment is unrelated or unnecessary what medical proof do you have?

    The adjuster usually will not divulge any because in most cases its just their opinion.

  • Q: Will the insurance company write my doctor for a comprehensive report that details all my injuries, as well as my future injury effects and treatment needs.

    Not usually. In most cases they rely on doctors who work with peer review companies they do business with all the time. 

Always observe the insurance company representative to see who they speak with and make note of their statements to police officers as much as possible. After obtaining permission from the police officer, you can leave the scene but it may be helpful for you to stay, if possible, to learn as much information as you can about who the insurance company representative talks to and what is said.

To discuss your personal injury case contact our office today. Initial consultations are free. You can reach us by phone at 940-761-2000 or via e-mail.