Over the past twenty five years, I have dealt with insurance companies thousands of times. But time and again, clients and friends ask me how they should deal with the insurance company that is handling their claim. Let me give you one good piece of advice: everything you say can and will be held against you. Not only that, but every medical record and every conversation or recorded statement can and will be used against you at some time in the future.
Here is a good example. Today I defended a deposition in my office. My client was in a dump truck that rolled over, and in the accident he fractured 4 vertebrae in his thoracic and lumbar spine. He was taken from the accident scene by flight for life helicopter, and arrived at a local emergency room where the radiologist found the fractures in his back. Today the defense lawyer spend about 1/2 hour asking questions to my client about why his employer was incorrectly listed on the admitting sheet of the medical records. The lawyer explained to me that he had to ask the qeustions because the insurance adjuster had “big problems” with the fact that the employer listed was not correctly listed. Of course, my client had no idea why that information appeared in his hospital records. And if you think about it, here’s this guy who has fractured four vertebrae in his back, and is flown by helicopter to the hospital, only to find some clerk dutifully asking him who his employer is so that the intake forms are filled out. Ridiculous? Perhaps. But, the real reason for relating what happened today is to show that it really didn’t take that much for the insurance carrier to deny the claim. One page taken from hundreds of pages of medical records, where all the other evidence pointed in the opposite direction, is all it took for the insurance adjuster to deny the claim, hire a defense lawyer, defend the case in court.
As you can see, it doesn’t take much for your claim to be denied. It makes so much sense to let someone else handle your problem so you don’t blindly walk into a minefield.










