IRC RELEASES NEW REPORT ON SPRAIN AND STRAIN AUTO ACCIDENT VICTIMS
MALVERN, Pa. - A new Insurance Research Council (IRC) report entitled "Sprains and Strains Resulting From Auto Accidents: An Analysis of Auto Insurance Claims", revealed that auto accident claimants with low injury severity who were represented by attorneys demonstrated greater use of medical treatment compared to non-represented claimants with similar injuries.
Of 44,000 bodily injury liability claims closed in 1997 (the most recent year for which information is available), segments of similarly injured represented and non-represented auto accident claimants were identified for further study. These groups included claimants with 1) sprains and strains as their only injuries, 2) no disabilities, 3) fewer than 10 days of restricted activity, and 4) limited physical damage to their cars as a result of their accidents.
Represented claimants, on average, were more likely to seek treatment from medical practitioners and had higher average numbers of visits to practitioners. Not surprisingly, the reported medical bills incurred by represented claimants were higher, on average, compared to those of non-represented claimants.
Elizabeth A. Sprinkel, senior vice president of the IRC said, "Documenting the increased use of medical treatment among represented claimants with mild injuries is significant."
MY ANALYSIS AND OPINIONS:
Let�s compare two IDENTICALLY INJURED people:
"A" who treats himself at home and gets no Legal or Medical Assistance for his claim;
And
"B" who goes to an Attorney and a Doctor for proper representation and treatment for his claim.
"A" - misses a few days of work right after the accident and takes some type of over-the-counter pain/anti-inflammatory medicine such as aspirin or tylenol. He soaks in a hot bath when his back and neck are hurting or sore and puts a heating pad on them when he's resting in bed. He is hurting or sore off and on for several months and takes a few more sick days off of work during this period.
After he is feeling completely healed, he calls the Insurance Company to file his claim and after filing his claim learns that his claim is being denied due to conflicting statements by the two drivers involved, and no documentation concerning his injuries.
After many phone calls and letters, the Insurance Company finally offers him a small settlement for his several months of pain and suffering.
On the other hand,
�B� - misses a few days of work but calls his Attorney. He starts treatment with a Doctor who prescribes better medicine(s) for his type of injury and Physical Therapy to make the pain less severe. He continues with regular visits to the Physical Therapist and Doctor. He is hurting or sore off and on for several months and takes a few more sick days off of work during this period.
Meanwhile his Attorney follows through with his file. He retains a Private Accident Investigator to go to the scene of the accident to take photographs and draw diagrams. The Investigator locates witnesses and takes witness statements to verify fault on the other driver. The Private Accident Investigator also photographs both vehicles showing the type and amount of damage to them. His Attorney files the initial claim with the Insurance Company and begins compiling the various records such as Verification of Lost Wages and Missed Work, Medical Reports and Investigative Reports.
After he is feeling completely healed and gets discharged from Medical Treatment, his Attorney prepares his claim for submission to the Insurance Company. The claim consists of documentation, including but not limited to the Investigative Report and Bill, Photographs, Diagrams, Witness Statements, Medical Reports and Bills, Pharmacy Records and Bills and other supporting documentation.
After a short period of negotiations between the Insurance Company and the Attorney, a settlement is reached.
Even after deducting the cost of the Investigation, Medical Treatment, Pharmacy Bills, Attorney Fees and any other minor costs, "B" RECEIVES A SETTLEMENT SUBSTANTIALLY LARGER THAN "A".
CONCLUSION:
Q - Why did "B" receive a fair settlement when "A" only got a very small settlement?
A - BECAUSE "B" WAS REPRESENTED BY AN ATTORNEY AND "A" WAS NOT.
When Insurance Companies start treating people fairly, instead of spending all of their resources trying to limit their liability so they can deny legitimate claims, Attorneys and Private Accident Investigators will not be needed. Until then, please consult an Attorney when you are involved in an accident to properly protect your rights and to get a fair settlement for your claim.
Sincerely,
Lenny Vasbinder, P.I.
*-This web site is always being updated. Please visit all of our pages for interesting articles, case stories and my political opinions.
**-No part of this Analysis, Opinion or Conclusion should be construed as Legal Advice. This is only an example of things that can happen during the periods following your accident and claim. Please consult an Attorney for Legal Advice or Assistance.
2002, 2003, 2004, 2005-Copyright-Lenny Vasbinder, P.I.
