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  1. #21
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    Mar 2013
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
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    Were you the defendant or did you just see it? It makes a big difference as to how real this is.
    I was the claim investigator. The claim was rightfully denied. The plaintiff was the widow with 3 children. The jury awarded $40,000 despite the facts.

    You're right about the unpredictability of juries. Not exactly common, but it happens.

  2. #22
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    Dec 2019
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    151

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting adjusterjack
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    I was the claim investigator. The claim was rightfully denied. The plaintiff was the widow with 3 children. The jury awarded $40,000 despite the facts.

    You're right about the unpredictability of juries. Not exactly common, but it happens.
    I am sure your insurance company spent six figures in an effort to save that $40.000. But they learned a valuable lesson. Or did they?

    It also goes the other way. I just spoke with a 30year insurance excec/investigator. A small child climbed up on a concrete water fountain and it fell and killed the child. There was no coverage due to it being rental property or an expired policy. They paid $1M anyway to avoid a trial that would make the insurance co look very bad. So appearances have a great effect in a courtroom...probably more than laws and contracts do.

    So next time would your insurance co pay a claim like that or would they fight it? I say they still would not pay on an identical claim because there is little difference between $40K and $140k to an insurance co when they are out to set a precedent.

  3. #23
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    Mar 2013
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
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    I am sure your insurance company spent six figures in an effort to save that $40.000.
    No, not 6 figures. I once litigated a bogus $80,000 claim. Took a year and $40,000 in our attorney fees but I won and my company paid nothing to the cheater. Nobody said boo about the cost.

    Quote Quoting CONNOR99
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    But they learned a valuable lesson. Or did they?
    The lesson is for the insurance consumer to learn. Insurance companies fight bogus claims, win or lose.

    Quote Quoting CONNOR99
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    It also goes the other way. I just spoke with a 30year insurance excec/investigator. A small child climbed up on a concrete water fountain and it fell and killed the child. There was no coverage due to it being rental property or an expired policy. They paid $1M anyway to avoid a trial that would make the insurance co look very bad. So appearances have a great effect in a courtroom...probably more than laws and contracts do.
    I wouldn't comment on that one without seeing the file but I had one that went that way. I inherited from a claim rep who had been fired for incompetence. The file was so screwed up that by the time we got into the courtroom the plaintiff's lawyer painted a very disturbing picture and scared our corporate executives out of a million dollars on a $250,000 claim where a total loss fire occurred two days after the policy lapsed.

    Quote Quoting CONNOR99
    View Post

    So next time would your insurance co pay a claim like that or would they fight it? I say they still would not pay on an identical claim because there is little difference between $40K and $140k to an insurance co when they are out to set a precedent.
    You're right. Both those claims should have been fought to the mat. But it wasn't my decision to make on the fire claim and the cards were stacked against us.

  4. #24
    Join Date
    Dec 2019
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    151

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting adjusterjack
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    No, not 6 figures. I once litigated a bogus $80,000 claim. Took a year and $40,000 in our attorney fees but I won and my company paid nothing to the cheater. Nobody said boo about the cost.
    If it was $40K in just attorney fees then it was at least another $20k-$40K in costs (independent medical exams, expert witnesses, depositions, clerical workers, claims adjusters, court reporters, bean counters). Also, just because you prevailed in court does not make the person's claim "bogus." It means you got the first nine people in a Walmart line to be persuaded by your attorney.

    The lesson is for the insurance consumer to learn. Insurance companies fight bogus claims, win or lose.
    NO! Insurance companies fight cases they think they can win. It has little to do with a case having merit or being bogus. Since when does an insurance company offer what a jury would award, since you think what a jury decides is just and equitable?

    I wouldn't comment on that one without seeing the file but I had one that went that way. I inherited from a claim rep who had been fired for incompetence. The file was so screwed up that by the time we got into the courtroom the plaintiff's lawyer painted a very disturbing picture and scared our corporate executives out of a million dollars on a $250,000 claim where a total loss fire occurred two days after the policy lapsed.
    I don't need to see a file. I looked the man in the eye and he told me about a case he had. People do not lie in real life nearly as much as they do when they speak anonymously.

    As to your example above, insurance companies pay when they get scared and they won't pay unless they have to. It has little to do with what is fair, just, equitable or "bogus."

    You're right. Both those claims should have been fought to the mat. But it wasn't my decision to make on the fire claim and the cards were stacked against us.
    Insurance companies do take it in the shorts sometimes but they make it back on the masses who do not seek legal help.

    Insurance companies decide what cases to fight off databases, not their consciences. Databases of similar cases tried and databases of the attorney they are up against.

    Simply put: An insurance company will pay on a bogus claim they think they will lose in court...and they won't pay on a justified claim they think they can beat in court.

  5. #25
    Join Date
    Jan 2020
    Posts
    5

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    HELLO
    The more severe and permanent your injury is, the more pain and suffering you will experience. Insurance companies typically multiply the amount of medical bills by a number between one and five to calculate “pain and suffering.” The more severe and permanent the injury, the higher the multiplier.

  6. #26
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting kamila25
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    HELLO
    The more severe and permanent your injury is, the more pain and suffering you will experience. Insurance companies typically multiply the amount of medical bills by a number between one and five to calculate “pain and suffering.” The more severe and permanent the injury, the higher the multiplier.
    Cite?

  7. #27
    Join Date
    Jul 2018
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    1,974

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting PayrolGuy
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    Cite?
    It's fairly common knowledge (although one might quibble with the specific numbers mentioned.

  8. #28
    Join Date
    Oct 2016
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    3,568

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting pg1067
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    It's fairly common knowledge (although one might quibble with the specific numbers mentioned.
    Way to support a pre-spammer, dude.

  9. #29
    Join Date
    Jul 2018
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    1,974

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting PayrolGuy
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    Way to support a pre-spammer, dude.
    If it's a "pre-spammer, dude," then why did you respond to him/her/it?

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