Personal Injury FAQ

Should I submit a claim to an insurance company without consulting with an attorney?

After an accident, you will likely receive phone calls from one or more insurance companies that want to talk to you about what happened. The insurance companies attempt to make these first contacts before you file any claim for compensation or hire an attorney. Why? Because the insurance company stands a better chance of settling your claim at a significantly reduced rate when you are not represented by an attorney.

The claims adjuster will attempt to give you the lowest value possible for your property damage and will likely verbally discount your medical treatment, if any. The typical approach is for the adjuster to run you around the tree a few hundred times until you lose motivation and agree to settle. This is accomplished by a variety of means, including the requesting of more and more records, and the continuous transfer of your claim from adjuster to adjuster.

The best approach when contacted by an insurance adjuster after a collision, is to remain calm and polite. Make a note of the person and company you're speaking with, as well as who the adjuster represents (person who is insured); give limited personal information (name, address and phone number); do not give any details about the accident or your injuries. Resist any push to settle your claim immediately and record any important information you received during the phone call, as well as whatever information you gave to or requests you made of the insurance adjuster.

If you have already hired an attorney, simply give the insurance adjuster your attorney’s contact information and advise the adjuster that all future contact should be with and through your attorney. Then, immediately notify your attorney of the contact.

What does an attorney do that I can’t?

The answer is simple – at Ingraham & Pautienus we have handled countless claims against insurance companies. We know the process, the possible pitfalls, and the likely counter arguments that the insurance adjusters will assert.

At Ingraham & Pautienus, we thoroughly investigate your claim by gathering evidence, prove who is responsible for the accident, estimate what your claim is worth, and prepare solid arguments on any possible legal issues. We then prepare and submit a formal demand letter to the insurance company of the person that we believe is responsible for your injuries. The demand letter may need to be sent to your own insurance company if you are covered by an automobile policy and need to make a claim for uninsured or under insured motorist coverage. At this point, we will engage in informal negotiations with the insurance company in an attempt to reach a settlement that is agreeable to you.

In the event we are unable to reach a settlement, we will take your case to court.

As a Christian, shouldn’t I forgive and forget?

Yes, Christians should forgive the wrongdoer. However, forgiveness is a different biblical concept than restitution. Restitution is the concept of restoring a person to his or her original position prior to a loss or injury. The concept of restitution was given by God in the Mosaic Law (the Ten Commandments and the other laws given to Moses by God) and the Mosaic Law is the basis for most of our legal system. Consider the following verses:

Exodus 21:18,19 - "And if men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed; if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed."

Exodus 21:33-36 - "And if a man opens a pit, or digs a pit and does not cover it over, and an ox or a donkey falls into it, the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his. And if one man's ox hurts another's so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox. Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his."

Exodus 22:5,6 - "If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man's field, he shall make restitution from the best of his own field and the best of his own vineyard. If a fire breaks out and spreads to thorn bushes, so that stacked grain or the standing grain or the field itself is consumed, he who started the fire shall surely make restitution."

Exodus 22:9 - "For every breach of trust, whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, "This is it," the case of both parties shall come before the judges; he whom the judges condemn shall pay double to his neighbor."

Exodus 22:14 - "And if a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution."

At Ingraham & Pautienus, as Christian attorneys, our goal is to represent you in the process of receiving restitution, not retribution. Contact us today to learn more.