Soft Tissue Injuries: Nothing But Miss-Information by the Insurance Industry
February 19, 2011
What I like to know here is where did the writers of the article below get their numbers and how did they arrive at those numbers–and why does this news outlet serve as a shill for the Insurance Industry? There is no indication as to the methodology by which the “investigators” determined a crash to have been a set up and/or a claim was fraudulent. From the looks of it, it appear that they pretty much determine fraud in any case a claim has been filed.
One thing that the article does not tell you are actual facts. For example, it is not for the defendant or the insurance company to prove an injury did not occur and/or the accident did not cause the injuries. The defendant in the American Civil system of justice needs to do nothing. It is the Plaintiff who has the 100% burden of proving his case and showing by a preponderance of evidence that it is more likely than not the injuries claimed came from the accident and that the accident occurred because of the negligence of the defendant. That is the plaintiff has to prove three (3) things.
The defendant has an opportunity to dispute any one of these three criteria or all of them. In order to deny the claim, all a defendant has to do is to deny it–nothing else. The defendant needs to present no evidence or basis of his denial–of course if they have any evidence of that they certainly can present it-but, short of that, they can simply seat back and relax and utter the word: denied. I have insurance adjusters who, without any relevant medical basis whatsoever, simply give medical opinion and decide unilaterally whether a medical treatment was necessary and/or even related.
Once the insurance company has denied a claim, then the plaintiff has to start spending money-pay for fees to file a lawsuit. Then pay for the doctors to come and testify at trial (which can end up being several thousand dollars) and then hope to persuade a pool of jurors who have most likely read lies and miss-information contained in article such as the one below would be persuaded.
Proving soft tissue injuries is very difficult and the insurance companies know that. So by frivolously denying a claim, frivolously delaying a claim and frivolously defending a claim (the Triple Ds of the Insurance Industry), they can prevent a simple case from getting resolved and force it through the legal maze at great cost to the Plaintiffs in time, money and efforts. In the end, in many cases they end up paying a claim the money they should have had to pay years before–but have had the advantage of using it for several years plus taking advantage of the reduced value of the money they pay out.
The propaganda put forth by the insurance company and their cronies in the media, is subtle but it has been very effective in creating pools of jurors hostile to the Plaintiffs.
The article below is one such example. If you question each fact presented, you will see that no basis has been provided supporting any of the claims made. If you simply are ready to accept all that is included in this article on its face value, I have a bridge in Brooklyn to sell you… Great price too!!
Within weeks, the four occupants of the vehicles visited clinics that billed nearly $40,000 in treatment for soft tissue injuries – a diagnosis that’s tougher for insurance companies to dispute than, say, broken bones.
Investigators say the crash was a setup, one of dozens of staged accidents each year in Palm Beach County designed to cash in on loopholes in Florida’s no-fault insurance policy.
Florida now ranks first in the nation in questionable insurance claims for what appear to be staged accidents, according to the National Insurance Crime Bureau. The number of cases grew 77 percent in the first half of 2010 compared with the same period in 2009.