China, India, dan Indonesia akan menjadi penggerak pertumbuhan ekonomi. Demikian analisis Fokus Global bulanan Standard Chartered Bank yang dipublikasikan, Selasa (01/12) kemarin. Laporan itu menyatakan, tahun 2010, akan menjadi tahun pemulihan ekonomi global.
Ekonomi yang berbasis kebutuhan domestik, seperti China, India, dan Indonesia, akan berada do lini depan dalam proses pemulihan ini, menggeser keseimbangan kekuatan ekonomi dan keuangan dari Barat ke Timur.
“Posisinya bergantung pada interaksi antara fundamental ekonomi, kebijakan, dan kepercayaan diri,” ujar Dr Gerald Lyons, Chief Economist dan Group Head Global Research Standard Chartered Bank.
Laporan Global memberikan gambaran rinci dan prakiraan untuk ekonomi-ekonomi utama dunia serta pasar dan wilayah pertumbuhan utama, termasuk Asia, Afrika, dan Timur Tengah.
Di antara prakiraan utama adalah pertumbuhan ekonomi global yang mengarah ke 2,7 persen pada tahun 2010. Adapun pertumbuhan ekonomi global tahun ini diperkirakan 1,9 persen.
Sementara itu, ekonomi China dan India pada tahun 2010 diharapkan tumbuh masing-masing 10 persen dan 7,5 persen, sedangkan tahun ini, ekonomi kedua negara itu diperkirakan masing-masing 8,5 persen dan 6,8 persen.
Kepercayaan meningkat
Kepala Ekonom BNI Tony Prasetiantono memprediksi pertumbuhan ekonomi Indonesia tahun depan berkisar 5,2 persen – 5,3 persen.
Menurut Tony, salah satu modal utama yang akan mendorong pertumbuhan Indonesia ke depan adalah meningkatnya kepercayaan pelaku ekonomi.
“Merasa krisis sudah dilalui, masyarakat mulai berani mengonsumsi dan investor mengakhiri periode wait and see,” katanya. Oleh karena itu, ujar Tony Prasetiantono, konsumsi dan investasi akan naik.
Modal lainnya yang dimiliki Indonesia adalah stabilitas sektor finansial yang akan membantu mendorong intermediasi perbankan. Modal ini terbukti telah meningkatkan pertumbuhan ekonomi pada triwulan III-2009.
Tantangan
Di sektor perbankan, rasio kredit bermasalah (non-performing loan/NPL) tetap terjaga, rasio kecukupan modal (CAR) perbankan juga berada di posisi 17,7 persen.
Pertumbuhan ekonomi akan lebih baik jika sejumlah hambatan bisa diatasi. Tantangan-tantangan yang akan dihadapi, antara lain proyek infrastruktur, suku bunga kredit tetap lambat turun, aliran modal jangka pendek yang rawan terhadap pembalikan (sudden reversal). “Meskipun demikian, saya optimis pertumbuhan ekonomi Indonesia tahun depan bisa mencapai 5,3 persen,” kata Tonny.
Sumber :
Indonesia Jadi Penggerak | Kompas, 02.12.2009
Grafis : Gunawan
When California Vehicle Code Section 24400 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive. This is even more true in the case of fatal accidents which cause one or more fatalities. Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.
However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident. Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid.
At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us. Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor. Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency. Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.
We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle. At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident.
California Vehicle Code Section 24400 provides:
24400. (a) A motor vehicle, other than a motorcycle, shall be: (1) Equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches. (2) Operated during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with paragraph (1). (b) As used in paragraph (2) of subdivision (a), “inclement weather” is a weather condition that is either of the following: (1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet. (2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.
When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.
The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report. That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.
While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.
A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom. The officer is not there to render a verdict and determine who is responsible for the damages. Rather, the officer is there to determine if any laws were broken. The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest. He or she is thus often in a position to make a well-educated determination of who caused the accident.
Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers. Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth. The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.
If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone. You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com
Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated. In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.
Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.
Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.
A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties. Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located. But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision. They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.
If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision. There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.
If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 24400, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.
At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 24400, and will represent you to obtain the compensation you deserve for your injuries.
In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements. We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.
If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone. You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com
A violation of California Vehicle Code Section 22103 is one of the Vehicle Code Sections often cited as the primary collision factor for an auto accident in California. This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.
California Vehicle Code Section 22103 provides:
22103. No person in a residence district shall make a U-turn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device.
When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.
If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone. You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com
Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated. In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.
Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.
Although the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.
A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties. Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located. But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision. They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.
If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision. There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.
If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 22103, call the Law Offices of Sebastian Gibson today at (800) 589-3202.
At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 22103, and will represent you to obtain the compensation you deserve for your injuries.
In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements. We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.
Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer.
If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone. You can speak to Attorney Sebastian Gibson by calling (800) 589-3202 or you can e-mail the Sebastian Gibson law firm at SgibsonEsq@aol.com
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com
Anyway, I have this humongous backlog of photos to share. I think I named them in reverse-chronological order, meaning the “2″ or “3″ was taken before the “1″ on most of them, for those who bother mousing over and looking at photo names. (I do try to make relatively helpful names, or at least ones that amuse me. I mean, a lot of my photos are of snowy mountains, sure, but if there’s some point to the photo, other than “Look at these huge freaking mountains,” I try to put it in the name.)
I took a couple of photos as I was driving through midtown on Thanksgiving; driving in snow that thick is kind of a freaky experience, but it went fine. Speaking of Thanksgiving, I’ve been up toward Wasilla, now, though I haven’t driven through the town itself. My boss invited me along to Thanksgiving dinner, which was really nice of him. Everyone was super friendly, and the food was awesome. (And now back to roads — maybe I should have called this blog “Driving in Alaska.”) Driving back down the Glenn Highway that night was a little scary, because, while large parts of it are lit, not all of it is; visibility got low, at times. And given how many cars we’d seen flipped over on the way up, I was–I think understandably–cautious. But I made it home without even going all that miserably slow, except for a few minutes when I got stuck behind a car going 35-45mph. I’m chicken when it comes to changing lanes in weather, but I got over it to get past that guy.
I think 70 miles of highway driving was good for the car’s engine; my gas mileage has been up since then.
Anyway, as you can see, I have pictures from before and after Thanksgiving, and quite a few of them show not-too-miserable roads. The before pics show good roads due to heavy use; we wore the snow and ice down to pavement over a couple of weeks. The after pics have good roads due to plowing, because however much snow we got the night before Thanksgiving is clearly beyond the limit at which they plow. (You can get a rough idea from the photo I took of my car the next morning, keeping in mind I’d brushed it off 1/3 of the way through the storm. Also, yeah, I doctored the photo really poorly to hide where I park in the morning, because I’m paranoid. ) Unfortunately, my picture of the pre-Thanksgiving snowstorm didn’t come out all that well; you can’t really see the snow, but the windshield is obviously wet (what’s not obvious is that I took the picture right after the wiper swooshed–it was snowing that fast).
Other photos: I went out to look at the duck pond, now that it’s iced and snowed over. I only saw two ducks, and they didn’t stick around to be fed. (Note the “Thin Ice” sign, the clearly-still-flowing water-over-rocks photo, and the footprints out on the water/ice. People are amazing.) I took a picture of my office, now that I have lights up; don’t bother clicking it, since it’s all blurry–it’s probably a better-looking photo in thumbnail size. And I got pictures of those ice lines I was talking about, forming on the inside of the windshield. I don’t know if you’ll be able to parse the picture, not having seen them, but it was the best I could do.
Anyone following the drama of the windshield crack will notice from some of the photos that it’s gotten bigger. But it’s not growing all that quickly; I’m not too worried about it. I think I’ve seen a crack all the way across someone’s windshield nearly every day, up here, which makes my windshield crack look really piddly by comparison.
Oh, and, finally, I took pictures on my way into work this morning. Those photos are from right around 9:15am. It’s now 4pm, and it’s almost as dark as it was when I took those photos. Apparently the four days we took off for Thanksgiving made quite a difference in the amount of daylight we get. Or, you know, it could have been overcast all day.
As an Idyllwild Auto Accident Attorney with millions of dollars in settlements and multiple million dollar or larger settlements from over thirty years of experience in or around Idyllwild, other nearby cities and internationally, I know many of you are attempting to settle your own personal injury, dog bite and wrongful death cases by yourselves for the maximum and the biggest settlement you can to save the cost of an attorney.
In this article I’ll tell you the secrets of how attorneys negotiate for top dollar and I’ll also tell you why insurance companies lick their chops and rub their hands together with glee when individuals try to settle their claims without an attorney and why, in most cases, you’ll receive a larger, much greater amount in your pocket or in the trust fund you set up for any children injured in the accident, even after an attorney’s fee and costs if you hire a reputable and experienced personal injury attorney.
If you’ve been the victim of a car, motorcycle, bike, truck, pedestrian, bicycle or auto accident, lost a loved one in a wrongful death or been the victim of a dog bite or animal attack, you can visit our website at http://www.sebastiangibsonlaw.com for more information and call us at any of the numbers easily found on our website.
First, you need to know that insurance companies evaluate cases two ways. As soon as you begin negotiating with the insurance company yourself, they evaluate your case, unfortunately, in terms of a nuisance value matter. They’ve settled tens or hundreds of thousands of cases with individuals before for paltry amounts and they will expect they can settle your case for a measly amount as well.
Why do they look at you as if you’re chopped meat? As soon as you tell them you are negotiating your own settlement, they know you’re trying to save money. To them, that means you may even be desperate. They also know you won’t be as knowledgeable about their tricks and tactics and like those tens or hundreds of thousands of people before you, they know how they can play you until you either become so frustrated you settle for their bad offer or become panicked that your time is running out.
The second way they evaluate a case, namely one presented by a lawyer, is an analysis of what the case’s true settlement value is based on the attorney’s skill and experience, how prepared the case is for litigation in the event it doesn’t settle, and the actual value of the injuries and associated pain and suffering, wage loss and other out of pocket expenses.
To settle your case for the largest amount possible, which may be the policy limits of the insurance policy, depending upon the severity of your injuries, you need to get the insurance adjuster to evaluate your case in the same manner they would as if an attorney were negotiating with them. While most insurance companies, unfortunately, simply won’t do that, here’s what you need to do to try to obtain the maximum settlement value.
First, you need to obtain all of your medical records and bills. You can’t rely on the insurance company to do this. As soon as you tell the insurance company you want them to do this or agree to having them do it and tell you how much your medical bills come to and what your medical records say, you are giving up control of the situation. I can’t stress this enough.
You will need to sign authorization forms to obtain your medical records and bills and pay the cost of obtaining those medical records and bills (the cost of which can range from $15 to hundreds of dollars) from each hospital, ambulance company, doctor, chiropractor, radiologist, emergency room billing service, etc. Some medical providers require you to use their authorization forms. Some require you to agree to their using a photocopy service to copy your records at a higher cost. Some medical providers require one fee for your bills and another fee for your medical records.
Just obtaining all of your medical records and bills is one of the most time consuming aspects of handling personal injury cases. And, to make matters worse, you’re still not through with your medical providers. When your treatment is complete and you have all of your medical records and bills and the first settlement offer is made to you, you’ll need to call each of your medical providers or their billing offices again to learn if you have any balance owing (and you can expect to be on the phone repeatedly and for long periods of time to learn this information) and in many cases you will need to send them another authorization form before they’ll tell you this information.
You will need to obtain a copy of the police report. This is a much simpler process. Some police departments charge between $10 to $40 for a copy, while other departments provide them to you for free. You can pick it up at the police or CHP office yourself or request one by mail with an authorization form and a check for the proper fee.
You’ll also need to obtain your wage loss information on a wage loss form from your employer if you suffered any wage losses or had to use up valuable sick time, personal time, or vacation days.
You should obtain witness statements if there is any issue as to the liability of the other driver for the accident and you should take photos of the scene if there was something wrong with the road conditions or other unusual circumstances.
You will also need to obtain a number of good photographs of your car damage, copies of the vehicle repair bills and estimates and receipts for any items damaged in your vehicle.
Here’s a secret. In California you are entitled to the cost of a replacement child seat if one was in the accident. It’s automatic. Just tell the insurance company the make and model or find out the cost for the make and model child seat and the insurance company will send you a check for a new one, even if the old one wasn’t broken. Why? It’s in the California insurance code. The insurance companies, however, don’t volunteer this information. Why? They’re in business to make money, not pay it out.
Finally, when all your treatment is done, you will need to put together a demand package with a demand letter reviewing the facts of the accident and the negligence of the other driver that made him or her at fault, a summary of your injuries and medical treatment (from your medical records), an itemization of your medical bills, a discussion of your pain and suffering and how the injuries impacted your life, a discussion of your wage loss and how you determined the amount, and finally the amount of your demand and a time limit (40 days – the time allotted under the insurance code) for the insurance company to respond with their offer. The demand letter should be a minimum of four pages in length. Some of ours have been close to twenty pages. Accompanying the demand letter should be copies of all of your medical records and bills, color copies of the car damage photos, copies of the repair bills and estimates, any wage loss documentation and any other relevant items such as witness statements, etc.
If all of this is too much work for you to accomplish (and it is a lot when you are just trying to get better, get on with your life, raise a family and still go to work to put food on the table) you may want to hire our law firm to represent you.
The reason why, in most cases you will receive more, even after an attorney’s fees and costs are taken out, is that insurance companies offer much more to an attorney handling your case than when you are attempting to settle it yourself. In addition, an experienced and reputable lawyer can also obtain reductions from your health insurance company and from any medical providers with a balance with regards to what amount has to be paid back to them out of any settlement.
When you rely on the insurance company to pay your medical bills, and then simply pay you a skimpy amount on top, you are giving them the right to determine what bills they think were “reasonable” and to obtain any reductions in the bills to save themselves money. When an attorney obtains a reduction in your bills or your health insurance company lien, the amount the attorney saves increases the amount of your net settlement.
Keep in mind that as soon as you start negotiating your claim by yourself, it’s almost impossible for an attorney to persuade the insurance company to evaluate your case in the higher category type of claim. At our law firm, while we’ll take on a case that may be months old where the injured victim has simply been receiving medical treatment, we won’t take on the case in most cases if the victim has already received a bad offer from the insurance company. At that stage it’s usually too late for an attorney to make much of a difference.
Hopefully, this article has provided you with some insights as to how to obtain the maximum settlement from an insurance company for an auto, car, motorcycle, bicycle, pedestrian, truck, dog bite, or wrongful death claim. There is much more that an experienced attorney does, especially in the negotiation stage to maximize the settlement and this is where an attorney’s experience kicks in.
An attorney such as Sebastian Gibson who has been negotiating these cases with many of the same adjusters for decades, knows the tactics and negotiating style of them and their companies and knows how refute the talking points their insurance companies train their adjusters to use in negotiations.
What causes many attorneys to be unable to settle their cases and who then find themselves with no alternative but to file a lawsuit in court and face two to five years of litigation before the matter settles or goes to jury, is to get angry (some even scream and yell) with the adjuster, box themselves into a corner and tell the adjuster something along the lines of, “If that’s the best you can do, we’re filing suit.” The adjuster’s response to this is naturally, “go ahead.”
An insurance company doesn’t really care if they have to dump your case onto the case load of their attorneys who are already handling tens of thousands of such cases. One more case, makes no difference to them at all. They also know, you may give up or settle for even less when you learn from an attorney how much just the court costs will be. Just to file a lawsuit in most courts alone incurs a $350.00 or larger filing fee. Depositions can cost over a thousand dollars if they are lengthy. And all such court costs come out of your settlement, even if you have a contingency fee attorney handling your case.
Sadly, many of these same lawyers take this step or let their improperly trained staff members (secretaries and clerks) force the matter to such an impasse and then file suit without properly informing the client of the negotiations that took place and led them to that point.
If you are negotiating with an insurance company yourself, there’s no need to be unpleasant. Yes, you are probably going to hear that the insurance adjuster has evaluated your case to be worth much less than you think it’s worth. But you’re forgetting that, that’s just their first offer. Communicate with the adjuster. Tell them how the injuries affected your life and tell them what you still go through today with the pain you still have. You’ll be surprised how many adjusters will actually relate to what you tell them.
Unfortunately, just as there are bad attorneys out there, there are also some lousy insurance adjusters and insurance companies to deal with as well. They’re supposed to get back to you in 40 days with an offer after you present them with your demand package. Some take longer. Some will sound unpleasant, even snotty. And once they make their first offer, it can take weeks sometimes to reach the adjuster again to make your counter-offer. Sometimes the negotiations can take months. If you want to get the most you can for your case, you need to be patient. Your job, just as it is the job of your attorney, is to get these unpleasant insurance adjusters to warm up. I ask them how the weather is, how they’re doing, if their busy, anything to get them to open up to me. You’d be surprised how far a little kindness goes.
We wish you good luck and a speedy recovery from your injuries. You’ll find that your health, in many cases, will drastically improve, once you remove yourself from the stress of handling your case and resolve it either yourself or with the assistance of our law firm by way of settlement. If on the other hand, your case goes into litigation, as do the cases of many lawyers who don’t have the settlement experience or negotiating tools to settle their cases advantageously for their clients, your stress level will almost certainly rise.
The law firm of Sebastian Gibson handles personal injury cases in Idyllwild, and throughout Southern and Central California and handle wrongful death cases throughout the state. To learn more about Sebastian Gibson and the other areas of law handled by the law firm, visit the Sebastian Gibson website.
We invite you to visit our website at http://www.sebastiangibsonlaw.com and call us if you’ve been seriously injured in a personal injury auto, motorcycle, car, truck, pedestrian, or bicycle accident, lost a loved one in a wrongful death or been injured in a dog bite or animal attack in Idyllwild.
Hall is a small community situated to the north-west of Canberra. Each year a group of enthusiastic locals hold the Hall Ute Show and Family Day. The event raises money for Camp Quality and attracts vehicles from Canberra and the surrounding area.
This ute was an entry in the 2009 competition. This photograph was taken on a property near Gundaroo.
As a Whittier Pedestrian Accident Lawyer with millions of dollars in settlements and multiple million dollar or larger settlements from over thirty years of experience in or around Whittier, other nearby cities and internationally, I know many of you are attempting to settle your own personal injury, dog bite and wrongful death cases by yourselves for the maximum and the biggest settlement you can to save the cost of an attorney.
In this article I’ll tell you the secrets of how attorneys negotiate for top dollar and I’ll also tell you why insurance companies lick their chops and rub their hands together with glee when individuals try to settle their claims without an attorney and why, in most cases, you’ll receive a larger, much greater amount in your pocket or in the trust fund you set up for any children injured in the accident, even after an attorney’s fee and costs if you hire a reputable and experienced personal injury attorney.
If you’ve been the victim of a car, motorcycle, bike, truck, pedestrian, bicycle, or auto accident, lost a loved one in a wrongful death or been the victim of a dog bite or animal attack, you can visit our website at http://www.sebastiangibsonlaw.com for more information and call us at any of the numbers easily found on our website.
First, you need to know that insurance companies evaluate cases two ways. As soon as you begin negotiating with the insurance company yourself, they evaluate your case, unfortunately, in terms of a nuisance value matter. They’ve settled tens or hundreds of thousands of cases with individuals before for paltry amounts and they will expect they can settle your case for a measly amount as well.
Why do they look at you as if you’re chopped meat? As soon as you tell them you are negotiating your own settlement, they know you’re trying to save money. To them, that means you may even be desperate. They also know you won’t be as knowledgeable about their tricks and tactics and like those tens or hundreds of thousands of people before you, they know how they can play you until you either become so frustrated you settle for their bad offer or become panicked that your time is running out.
The second way they evaluate a case, namely one presented by a lawyer, is an analysis of what the case’s true settlement value is based on the attorney’s skill and experience, how prepared the case is for litigation in the event it doesn’t settle, and the actual value of the injuries and associated pain and suffering, wage loss and other out of pocket expenses.
To settle your case for the largest amount possible, which may be the policy limits of the insurance policy, depending upon the severity of your injuries, you need to get the insurance adjuster to evaluate your case in the same manner they would as if an attorney were negotiating with them. While most insurance companies, unfortunately, simply won’t do that, here’s what you need to do to try to obtain the maximum settlement value.
First, you need to obtain all of your medical records and bills. You can’t rely on the insurance company to do this. As soon as you tell the insurance company you want them to do this or agree to having them do it and tell you how much your medical bills come to and what your medical records say, you are giving up control of the situation. I can’t stress this enough.
You will need to sign authorization forms to obtain your medical records and bills and pay the cost of obtaining those medical records and bills (the cost of which can range from $15 to hundreds of dollars) from each hospital, ambulance company, doctor, chiropractor, radiologist, emergency room billing service, etc. Some medical providers require you to use their authorization forms. Some require you to agree to their using a photocopy service to copy your records at a higher cost. Some medical providers require one fee for your bills and another fee for your medical records.
Just obtaining all of your medical records and bills is one of the most time consuming aspects of handling personal injury cases. And, to make matters worse, you’re still not through with your medical providers. When your treatment is complete and you have all of your medical records and bills and the first settlement offer is made to you, you’ll need to call each of your medical providers or their billing offices again to learn if you have any balance owing (and you can expect to be on the phone repeatedly and for long periods of time to learn this information) and in many cases you will need to send them another authorization form before they’ll tell you this information.
You will need to obtain a copy of the police report. This is a much simpler process. Some police departments charge between $10 to $40 for a copy, while other departments provide them to you for free. You can pick it up at the police or CHP office yourself or request one by mail with an authorization form and a check for the proper fee.
You’ll also need to obtain your wage loss information on a wage loss form from your employer if you suffered any wage losses or had to use up valuable sick time, personal time, or vacation days.
You should obtain witness statements if there is any issue as to the liability of the other driver for the accident and you should take photos of the scene if there was something wrong with the road conditions or other unusual circumstances.
You will also need to obtain a number of good photographs of your car damage, copies of the vehicle repair bills and estimates and receipts for any items damaged in your vehicle.
Here’s a secret. In California you are entitled to the cost of a replacement child seat if one was in the accident. It’s automatic. Just tell the insurance company the make and model or find out the cost for the make and model child seat and the insurance company will send you a check for a new one, even if the old one wasn’t broken. Why? It’s in the California insurance code. The insurance companies, however, don’t volunteer this information. Why? They’re in business to make money, not pay it out.
Finally, when all your treatment is done, you will need to put together a demand package with a demand letter reviewing the facts of the accident and the negligence of the other driver that made him or her at fault, a summary of your injuries and medical treatment (from your medical records), an itemization of your medical bills, a discussion of your pain and suffering and how the injuries impacted your life, a discussion of your wage loss and how you determined the amount, and finally the amount of your demand and a time limit (40 days – the time allotted under the insurance code) for the insurance company to respond with their offer. The demand letter should be a minimum of four pages in length. Some of ours have been close to twenty pages. Accompanying the demand letter should be copies of all of your medical records and bills, color copies of the car damage photos, copies of the repair bills and estimates, any wage loss documentation and any other relevant items such as witness statements, etc.
If all of this is too much work for you to accomplish (and it is a lot when you are just trying to get better, get on with your life, raise a family and still go to work to put food on the table) you may want to hire our law firm to represent you.
The reason why, in most cases you will receive more, even after an attorney’s fees and costs are taken out, is that insurance companies offer much more to an attorney handling your case than when you are attempting to settle it yourself. In addition, an experienced and reputable lawyer can also obtain reductions from your health insurance company and from any medical providers with a balance with regards to what amount has to be paid back to them out of any settlement.
When you rely on the insurance company to pay your medical bills, and then simply pay you a skimpy amount on top, you are giving them the right to determine what bills they think were “reasonable” and to obtain any reductions in the bills to save themselves money. When an attorney obtains a reduction in your bills or your health insurance company lien, the amount the attorney saves increases the amount of your net settlement.
Keep in mind that as soon as you start negotiating your claim by yourself, it’s almost impossible for an attorney to persuade the insurance company to evaluate your case in the higher category type of claim. At our law firm, while we’ll take on a case that may be months old where the injured victim has simply been receiving medical treatment, we won’t take on the case in most cases if the victim has already received a bad offer from the insurance company. At that stage it’s usually too late for an attorney to make much of a difference.
Hopefully, this article has provided you with some insights as to how to obtain the maximum settlement from an insurance company for an auto, car, motorcycle, bicycle, pedestrian, truck, dog bite, or wrongful death claim. There is much more that an experienced attorney does, especially in the negotiation stage to maximize the settlement and this is where an attorney’s experience kicks in.
An attorney such as Sebastian Gibson who has been negotiating these cases with many of the same adjusters for decades, knows the tactics and negotiating style of them and their companies and knows how refute the talking points their insurance companies train their adjusters to use in negotiations.
What causes many attorneys to be unable to settle their cases and who then find themselves with no alternative but to file a lawsuit in court and face two to five years of litigation before the matter settles or goes to jury, is to get angry (some even scream and yell) with the adjuster, box themselves into a corner and tell the adjuster something along the lines of, “If that’s the best you can do, we’re filing suit.” The adjuster’s response to this is naturally, “go ahead.”
An insurance company doesn’t really care if they have to dump your case onto the case load of their attorneys who are already handling tens of thousands of such cases. One more case, makes no difference to them at all. They also know, you may give up or settle for even less when you learn from an attorney how much just the court costs will be. Just to file a lawsuit in most courts alone incurs a $350.00 or larger filing fee. Depositions can cost over a thousand dollars if they are lengthy. And all such court costs come out of your settlement, even if you have a contingency fee attorney handling your case.
Sadly, many of these same lawyers take this step or let their improperly trained staff members (secretaries and clerks) force the matter to such an impasse and then file suit without properly informing the client of the negotiations that took place and led them to that point.
If you are negotiating with an insurance company yourself, there’s no need to be unpleasant. Yes, you are probably going to hear that the insurance adjuster has evaluated your case to be worth much less than you think it’s worth. But you’re forgetting that, that’s just their first offer. Communicate with the adjuster. Tell them how the injuries affected your life and tell them what you still go through today with the pain you still have. You’ll be surprised how many adjusters will actually relate to what you tell them.
Unfortunately, just as there are bad attorneys out there, there are also some lousy insurance adjusters and insurance companies to deal with as well. They’re supposed to get back to you in 40 days with an offer after you present them with your demand package. Some take longer. Some will sound unpleasant, even snotty. And once they make their first offer, it can take weeks sometimes to reach the adjuster again to make your counter-offer. Sometimes the negotiations can take months. If you want to get the most you can for your case, you need to be patient. Your job, just as it is the job of your attorney, is to get these unpleasant insurance adjusters to warm up. I ask them how the weather is, how they’re doing, if their busy, anything to get them to open up to me. You’d be surprised how far a little kindness goes.
We wish you good luck and a speedy recovery from your injuries. You’ll find that your health, in many cases, will drastically improve, once you remove yourself from the stress of handling your case and resolve it either yourself or with the assistance of our law firm by way of settlement. If on the other hand, your case goes into litigation, as do the cases of many lawyers who don’t have the settlement experience or negotiating tools to settle their cases advantageously for their clients, your stress level will almost certainly rise.
The law firm of Sebastian Gibson handles personal injury cases in Whittier, and throughout Southern and Central California and handle wrongful death cases throughout the state. To learn more about Sebastian Gibson and the other areas of law handled by the law firm, visit the Sebastian Gibson website.
We invite you to visit our website at http://www.sebastiangibsonlaw.com and call us if you’ve been seriously injured in a personal injury auto, motorcycle, car, truck, pedestrian, or bicycle accident, lost a loved one in a wrongful death or been injured in a dog bite or animal attack in Whittier.
) Unfortunately, my picture of the pre-Thanksgiving snowstorm didn’t come out all that well; you can’t really see the snow, but the windshield is obviously wet (what’s not obvious is that I took the picture right after the wiper swooshed–it was snowing that fast).
