Philadelphia Car Accident Lawyer Blog

In the aftermath of an accident, a victim who is traumatized can be easily manipulated, by kind words and money, into signing a general release that forestalls future benefits. Insurance companies know this, which is one of the reasons they cultivate the image of neighborliness and caring in their advertising. Indeed, friendly alacrity may be just what an accident victim needs after the trauma of an accident—but not when it involves compensation for personal injury.

A friendly insurance adjuster who shows up right away to estimate the damages to your car can be worth his or her weight in gold—saving you from the “wreck chasers” who might otherwise high jack you into substandard repair. There is great solace in knowing that you will have a car to drive, without delay, and that the insurance company is covering the cost. But when it comes to evaluating and receiving compensatory damage for personal injuries, a too-hasty settlement is risky.

During my thirty-three years as a practicing car accident attorney in Philadelphia, I have had many injured victims contact my office after signing a third party release, only to discover that they’d forfeited their rights to future compensation. One story that comes to mind is that of an elderly woman who was visited by an insurance company representative shortly after being involved in a car accident. A warm and effusive grandmother, she was touched by the fact someone had come to check on her. She invited the man into her home for lunch and, after a pleasant round of small talk, was presented with a check, and asked to sign a release. She did so without hesitation. However, when she began to experience severe back pain in the coming weeks—and learned that she had multiple herniated discs impinging on her nerves—she was not quite so charmed. She was injured, and didn’t know how she would pay her medical bills.

We were successful in arguing that no one—not a doctor, not my client, and certainly not an insurance company representative— could possibly have known the extent of my client’s injuries so soon after the accident. The release was invalidated on the basis of fraud, and my client was properly compensated for her medical expenses.

Pennsylvania permits the recision or reformation of a release, based upon fraud or a mutual mistake. The Pennsylvania Supreme Court holds that a release covers only those matters that were within the reasonable realm of the contemplation of the parties when it was executed. The Supreme Court of Pennsylvania, in the case of Ristefo v. McDonald, 230 A.2d at 1990 (Pa. 1967), recited the case of Cady v. Mitchell, 220 A.2d 373 Pa.Super 1966, in which the plaintiffs had given the defendant a general release for all claims arising out of a motor vehicle accident, including all unknown, unforeseen, unanticipated, and unsuspected injuries. The release was signed nine days after the accident, before the extent of Ms. Cady’s injuries was known. The Court considered the circumstances, and, based upon the inadequacy of consideration, voided the release.

So, if a friendly agent comes to your door with a smile and a settlement check, think twice before you accept it. And, please, don’t sign a release before consulting a lawyer.

Jeffrey Reiff is a car accident lawyer in Pennsylvania who has been recognized as one of the Top 100 Lawyers in Philadelphia and one of the Top Northeast Lawyers. He has regularly been named a Pennsylvania Super Lawyer, and has consistently been rated Superb by Avvo.com.

The Pennsylvania Superior Court recently addressed the question of whether a named driver residing in the same household as the named insured on an auto insurance policy is bound by the insured’s tort selection. The Superior Court recently determined that, in the case of Sally McWeeney v. Estate of Janet R. Strickler—under the plain and unambiguous wording of Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL)--the fiancée of the policy owner was neither a named insured nor an insured, and was therefore not bound by the policy owner’s selection of limited tort. The Court wrote that “only one who is identified by name as an insured on the face of the policy is a ‘named insured’ for purposes of tort election”—and, moreover, that classifying a permissive driver as an “insured,” bound by limited tort, contravenes the intent of Section 1705(f).

In this particular case, Progressive Insurance Company insured the vehicle that was owned by the named insured, Richard D. Brandt. Both Mr. Brandt and his fiancée were listed as principal drivers on the policy declaration page. Mr. Brandt’s fiancée—who was operating the vehicle at the time of the accident--claimed that, as a result of the collision, she sustained bodily injuries that resulted in serious impairment of a bodily function. The insurance company denied that she suffered any serious injuries or financial loss as a result of the collision, and concluded that—because she was bound by the limited tort option elected by Mr. Brandt in the Progressive policy—she could not recover damages for pain and suffering.

Counsel successfully argued that the plaintiff appellant was not, in fact, bound by the limited tort selection on the Progressive policy because she was not a “named insured” or “insured” within the definition provided by MVFRL. Nowhere in Mr. Brandt’s policy was his fiancée identified as a “named insured.” In fact, his fiancée’s name appeared only once in the policy—as a regular driver of the insured vehicle.

Despite the arguments by Progressive Insurance Company, the Court stated, “we discern no persuasive reason to depart from the authority to adopt a different interpretation of the term ‘named insured,’ as it is used in Section 1705.” Accordingly, the fiancée’s status, under the terms of the policy, does not preclude her from claiming full tort damages against a third party tortfeasor. In other words, whether or not she has a serious injury, she can recover payment for pain and suffering.

As an experienced Philadelphia car accident attorney since 1979, I believe that this is an excellent opinion—one which will benefit named drivers who are injured in an accident and are not named insureds. Unfortunately, however, a named insured that elects the limited tort alternative will still be precluded from recovering non-economic damages, in the absence of serious injury. This Court decision addresses public policy concerns that unnamed insureds on a policy should not be held to a tort status election that they did not help to select,.

As insurance companies continue to aggressively fight claims—doing everything possible to deny, delay, and defend justice--this decision is a step in the right direction for consumers and injured victims.

For years, many insurance companies have regularly engaged in what has been dubbed the “3D Program”—popularly known as delay, deny, and defend. This has never been more evident than now, with insurance companies using software to adjust claims—software designed to minimize payments to injured victims. Unfortunately for claimants, it appears that the bottom line in the insurance industry is maximization of profitability, not fair payment of justified claims.

All-state recently addressed a number of insurance commissioners throughout the United States, concerning claims that the Colossus program, used by the company and its adjusters to evaluate claims, was actually punishing accident victims. The Colossus case evaluation program under discussion requires the insurance adjuster to feed data into a computer, which then gives a low-ball settlement range. This settlement range is often disgracefully low. As a result, many states have investigated All-state’s abuse of accident victims.

The National Association of Insurance Commissioners (NAIC), along with the Insurance Departments of Illinois, New York, Florida, Iowa, and Michigan, examined the use of claims software by Allstate, and also investigated the way it was affecting the claims handling process in other states. The study noted “inconsistencies” in Allstate’s management and oversight of the Colossus software. It was discovered that Allstate had failed to modify or “tune” the software in a consistent manner across its claims-handling regions. Allstate agreed to pay $10 million dollars to settle, and to submit to a market conduct examination on the way it used the computer software to handle bodily injury claims. It agreed, additionally, to change its insurance claims handling process, by notifying claimants that the Colossus might be used in adjusting their claims. All-state also agreed to improve oversight of Colossus, to ensure that it adheres to established criteria, and to adopt a uniform methodology of selecting claims for tuning the software to reflect recently settled claims. Allstate claims that it will no longer require claims adjusters to settle bodily injury claims solely on the value recommended by Colossus.

For over three decades, our Philadelphia car accident lawyers have fought large insurance companies on behalf of injured victims. Until we see significant changes in the evaluation of claims by Allstate and other large insurance companies, we will continue to fiercely litigate on behalf of injured victims— against insurance companies that abuse the system to take advantage of claimants.

As I watch TV and view the number of ads by the large automobile insurance companies, I think about the fact that they are, indeed, not my clients’ good friends or neighbors. I am fond of stating that “chance favors the prepared man,” and I make it a priority to keep my clients informed and prepared. I am hopeful –and cautiously optimistic—that the change promised by Allstate and other companies is a step in the right direction.

Jeffrey Reiff is recognized as one of the nation’s top attorneys handling serious car and motor vehicle accidents, as well as no-fault litigation. He regularly writes articles about Pennsylvania car accidents and insurance company abuse, and always offers a free no obligation consultation. Call toll free at 1-800-421-9595.

Typically, after a car accident, your own insurance company will pay for your medical benefits up to the limits of insurance purchased. In Pennsylvania, it is required that one purchase liability coverage in the amount of $15,000/$30,000, and property damage in the amount of $5,000. Any insurer issuing or delivering liability policies in the Commonwealth of Pennsylvania must include coverage providing medical benefits in the minimum amount of $5,000.

Unfortunately, Pennsylvania’s no fault law is quite antiquated, dating back to 1984—when a minimal medical limit of $5,000 meant a great deal more than it does today. Of course, a $5,000 minimal limit can be quickly exhausted after one hospital visit. Under the no fault law, even if you are in an automobile accident caused by another person, your medical bills will be initially paid by your own auto insurance company. If you have private health insurance, this company will be responsible for medical bills in excess of your primary auto insurance limit. If you do not own a motor vehicle, but live in a household with someone who is a blood or married relative, your medical bills and lost wages must be submitted to the insurance carrier of that person. If you do not own a motor vehicle, and the car in which you were riding does not belong to a relative in your household, your medical bills and lost wages must be submitted to the insurance carrier covering the car. If you are a pedestrian struck by an automobile, and do not have your own automobile insurance policy, the striking vehicle will be responsible for the payment of your medical bills and lost wages.

Most skilled car accident attorneys in Pennsylvania will handle your case on a contingent fee basis, which means that there will be no fee if there is no recovery. Today, many of the major insurance companies try to delay and deny legitimate claims, in an aggressive fashion. It is always best to hire an experienced car accident attorney, who can fully explain your rights and recovery options, to make sure that your rights are protected to the maximum. Major injuries sustained as a result of a car accident can mean major life changes. An experienced car accident lawyer will make sure that your rights are properly represented, and that you achieve the maximum recovery, without the insurance companies or their claims adjusters denying you what is due under your policy. Legal time limits on the prosecution of a claim and rights to recovery require that the victim or claimant be mindful of notice and statute of limitation issues. Failure to comply with any of these legal requirements may forever bar a suit from being brought. Insurance and claims issues can sometimes be very complex and time- consuming, and there are many pre-litigation hurdles that one must overcome before being permitted to bring a lawsuit. In order to avoid legal problems related to the meeting of deadlines—which can jeopardize a potential claim—it is highly recommended that you contact an experienced car accident attorney, as soon as possible after an accident.

Jeffrey Reiff has been recognized as one of the Top Trial Lawyers by National Trial Lawyers, has been consistently recognized as a Super Lawyer, and is a frequent author of educational articles. He has successfully litigated thousands of motor vehicle accidents since 1979, and handles serious injury cases.

After practicing automobile accident law in Philadelphia for over 33 years, it never ceases to amaze me the lengths that insurance adjusters and their attorneys will go to unscrupulously delay, deny, and defend an insurance claim that should be paid with certainty.

In a recent case, a victim was knocked into a state of unconsciousness by an automobile traveling down the highway. There was extensive property damage to the striking vehicle and it was stained with blood and flesh. Clearly the factual circumstances indicated that the striking vehicle was at fault. However, the defense of the case is based upon the fact that the victim was dressed in dark clothes and was not able to be seen by the striking driver prior to impact. Defense counsel argued a charge of negligence cannot be substantiated against the striking driver. The pedestrian was struck on a roadway that was well lit and the striking vehicle had its head lights on with nothing to obstruct its view.

Continue reading "Person Crossing Street Gets Hit by Car, Insurance Company Attorney Argues that Victim At Fault for Wearing Dark Clothing–Philadelphia Car Accident Attorney Weighs In" »

Many times after a car accident, victims can be confused, anxious, or overwhelmed and do not think about the important documentation needed to prove their claim for property damages and injury.

In Philadelphia, many times the police do not arrive at the scene and sometimes participants in the accident who you assume are honest may get in their car and leave the scene. Our experienced Philadelphia car accident attorneys always recommend taking photographs with a cell phone or camera if one is available to document the property damage to the vehicles. It is important to take a picture of the license plate on the other vehicle, as well as the scene where the accident took place.

In an age of rising insurance premiums with insurance companies continuing to delay, deny, and defend claims, you should record all of the details of the accident, including the speed you were going, any traffic signals, a complete description on how the accident occurred, and the names and addresses of any witnesses. If you have any suspicion that you or one of your passengers has been injured, get to a hospital emergency room immediately for an evaluation.

Continue reading "If You Are in a Car Accident in the Philadelphia Metropolitan Area, It is Important to Document the Facts" »

It’s unfortunate, but many insurance company adjusters will delay negotiations or settlement of an accident claim until after the statute of limitations expires, thereby barring an individual’s right to sue in Pennsylvania.

Pennsylvania law dictates that insurers may not continue negotiations for settlement of a claim directly with a claimant who is neither an attorney nor represented by an attorney until the rights of the claimant may be affected by the statute of limitations on a policy or contract time limit without giving the claimant written notice that the time may be expiring and may affect the rights of the claimant. Notice shall be given to first party claimants 30 days and to third party claimants 60 days before the date on which the time limit may expire.

In today’s tightened economy, you would hope and think that your insurance company would deal with you in good faith to protect you from life’s many mishaps. When you pay a premium each month to your insurance company, you have every right to expect that they will deliver assistance to help when you need it most. Unfortunately, as an experienced injury claims, product liability, and premises liability lawyer for over three and a half decades, I am well aware of the fact that many insurance companies go out of their way at times to avoid paying justified claims. This tactic has frequently been referred to as the delay, deny, and defend game designed to raise the bottom line profitability of insurance companies.

Continue reading "What Happens When an Insurance Company Adjuster Lulls You into a False Sense of Security by Delaying Negotiations or Settlement of Your Claim?" »

In most American states, the words “I am sorry” may be admissible into evidence of liability after an accident. An apology after a car accident or most other accidents that cause personal injury are normally interpreted as admissions of guilt in court proceedings or legal matters.

Although many try to be courteous and sincere following a collision, it is best not to make any statements at the scene of the accident and contact an experienced personal injury or your insurance company for advice after exchanging information and obtaining the names with all of the individuals involved in the accident as well as obtaining contact information of witnesses. You should never sign any documents at the scene other than official documents requested by the police or law enforcement authorities.

If you or a loved one has been involved in an accident, you should offer no written or oral statements admitting fault and simply stick to the facts.

The experienced Philadelphia car accident lawyers of Reiff & Bily always offer a free, no obligation consultation to individuals involved in vehicle crashes throughout Pennsylvania.

As experienced Pennsylvania personal injury attorneys who also handle product liability cases, we have known that many insurance companies utilize computerized claim systems which are easily adjusted to make broad scale “lowball offers and claims payments” to injured consumers. It is unconscionable and widespread.

Insurance carriers have known for a long time that they can add to their bottom line if they continue to undervalue, delay, deny, and defend claims. The Consumer Federation of America (CFA) issued a report on June 4, 2012 entitled, “Lowball; An Insider’s Look At How Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims.” Mark Romano, CFA’s Claims Project Director, is a “subject matter expert” on Colossus injury claims evaluation at Allstate and Encompass Insurance Company’s for almost ten years. Colossus is the dominant claims system in the marketplace and is sold by Computer Sciences Corporation to insurance companies. The report identifies specific deceptive insurance company techniques that are used to directly and indirectly produce lowball claims. These include, but not limited to, the following:

1. Directly reduced payments by a pre-determined amount across the board.


2. Selectively remove entire cost claims from data used to determine the acceptable range of payments for particular injuries. This has the effect of lowering payments for all claims of this type.


3. Require insurance companies without medical training or credentials to second guess medical professionals by altering injury determinations, thus dictating lower payments for certain injuries.


4. Encourage adjusters to downplay or even ignore the likelihood that injured consumers will need future medical treatment or will be permanently impaired disallowing payments.


5. Encourage adjusters to determine that drivers are partly at fault for the auto accident that injured them even when they may not be.

Many of America’s premier insurance companies have been systematically ripping off consumers by manipulating the system’s input directly in order to reduce claim payouts.

A major class action lawsuit, Hensley v. Computer Sciences Corporation, revealed disturbing information about how Colossus and other similar products are marketed to and used by insurance companies.

The experienced Pennsylvania catastrophic injury and wrongful death lawyers of Reiff & Bily have known for a long time that the proper response to the delay, deny, defend strategy utilized by insurance companies is to aggressively prosecute your claim always understanding that the insurance company is not your friend. In another recent case, to add insult to injury, a defense lawyer was found guilty in a fake evidence scheme.

When it comes time to paying claims, insurance companies and their attorneys employ hardball tactics many times selfishly putting their own interests before that of the insured or claimant. Many times the consumer is not even aware that a computerized claims assessment was used to process their claim even though the program and input may be incomplete and flawed. Claimants are well served to seek aggressive and experienced counsel to represent their legal interests rather than settle for what insurance companies routinely offer. Most attorneys will offer to represent your interests on a contingent fee which means that if there is no recovery, there is no fee owed. Additionally, experienced counsel should be willing to advance all costs and expenses necessary to prosecute your claim to the maximum of their abilities.

At Reiff & Bily, we salute the Consumer Federation of America report and will continue to strongly advocate for consumers’ rights and on behalf of consumers injured in accidents.

When you are in a car accident or sustain an injury due to the fault of another, one innocently assumes that the justice system will prove to be fair and effective. Unfortunately, many times this is not the case and you are at the mercy of insurance company adjusters and their superiors who engage you in a waiting game in their attempt to deny, delay, and defend paying what is rightfully yours.

Do you remember when you use to play dodge ball in elementary school? Well, it seems that the claims process today is very similar with insurance company adjusters and staff attorneys attempting to throw every obstacle in the victim’s path to justice and strike your claim down. While many politicians and insurance company representatives and lobbyists are quick to point the finger at “greedy doctors” and “greedy lawyers”, insurance companies and their executives continue to have banner years of profitability.

The skilled Pennsylvania car accident injury lawyers of Reiff and Bily understand that it is important for victims of car accidents and premises liability claims to have an experienced trial counsel on their side to ensure that they can obtain maximum justice in Pennsylvania courtrooms fighting against the powerful corporations and insurance interests. Many times, it is incorrect to assume that you can properly resolve a case fairly on your own.

As a consumer, I am quite frankly annoyed every time I get an insurance bill with an increase in premium. I am even more aggravated in my capacity as a catastrophic injury lawyer when a sterling client with no prior claims history has a legitimate catastrophic injury claim involving absolute liability and is unfairly denied benefits that are clearly owed.

As a catastrophic injury lawyer who has handled a number of bad faith insurance claims and thousands of injury claims over the last three decades, I have been able to pull back the curtain somewhat to reveal how many insurance companies systematically and deliberately squeeze out America’s customers particularly in a time of economic crisis. When you buy insurance whether it be a homeowner’s policy or an automobile policy, you have every right to expect that the insurance company will be bound by the promise to pay you when benefits are due rather than engage in a path of deception by throwing every financial hurdle or obstacle in your path.

I recently had dinner with a gentleman who in a “past life” was a top executive in one of the nation’s largest insurance companies. He bragged to me how his adjusters would routinely deny claims and call for unnecessary peer reviews of those in unequal bargaining positions who had average or below average lawyers representing them, if any lawyer whatsoever. He claimed that his company would make interest on the money float of funds not timely paid.

With most families struggling to hang on these days and employers struggling to stay in business as healthcare, healthcare insurance rates, and automobile insurance rates continue to rise, we now notice that the executives heading the insurance companies have been giving themselves huge raises. Certainly this is not reflected in their effort to improve healthcare, yet it is clearly reflected in their effort to affect the bottom line profitability of the company which still to this day remains diametrically opposed to claimant satisfaction.

As we enter a new year, it is my hope that the pendulum may swing from an era of extreme greed and to one of a more reasonable methodology.

Since 1979 as an insurance claims attorney representing seriously injured victims as a result of product liability lawsuits or car accident claims, there is one thing of which I am certain: the insurance industry has increased their combative tactics in delaying, denying, and defending their actions against payment of legitimate claims.

In a recent permanent injury claim, I represented a high level executive of a Fortune 500 company whose income dwarfed not only those of the claims adjuster handling his case, but also probably many of the executives of the insurance company. As we moved forward with the insurance carrier handling his claim, it was apparent that there are more than the normal amount of hoops and obstacles for this “sterling” client to jump through.

As it turns out, the initial adjuster was inexperienced and did not have the depth or understanding required to properly and legitimately evaluate the victim’s claim for monetary damages and pain and suffering. In fact, the adjuster told me on several occasions that she was overworked and despite assurances that she would correspond or telephone me regularly, I could never contact her, prompting me to immediately move this matter to litigation. Once the litigation process was commenced, a conversation was had with one of the supervisors of the insurance company claiming that he had never seen things so bad at his company in the 35 years that he had been employed there. This was not a staged accident or an exaggerated injury claim, and my client had the right to expect that the benefits he expected when he purchased the policy would be paid in a timely fashion.

While trial lawyers take a beating in the press and on the airwaves via the mouths of politicians, I am concerned that the tactics being increasingly utilized by many of the nation’s largest insurance carriers in avoiding payment of justified claims is not receiving enough attention and that there is more insurance company bad faith and unfair insurance practices than ever.

The economy is tightening and insurance companies seem to think that they can play an even harder game of ball with their insureds in an intimidating and demeaning fashion. As an experienced bad faith insurance claims denial attorney who has handled tens of thousands of cases against many of the nation’s largest insurance companies, I have witnessed an almost unconscionable shift of behavior by insurance company executives and their team of adjusters in a patten which tries to take advantage of customers who lack information and knowledge to properly fight back. I have been on the front line fighting insurance companies since 1979 and yet today even the experienced adjusters are throwing their hands in the air claiming they can’t believe the orders they are getting from the higher ups to minimize claim payments and try to strike the lowest deal possible with the insured.

Bad faith insurance practices seem to be on the rise. Whereas a hand shake use to mean something, now a signed contract between the insurance company and insured has little value if the insured is not prepared to fight back. The insurance company may be determined to be acting in bad faith if they delay, deny, or discount payment without any reasonable basis or if they fail to acknowledge or reply promptly after notification of a covered claim. The insurance company must act in a fiduciary duty to their insured which means they must deal in good faith and promptly and thoroughly investigate claims where there is reasonable liability and damages owed based upon the information presented. An insurance company must act within a reasonable time upon receipt of claim or proof of the loss and must not act to take advantage of the insured by failing to notify the insured of any known arbitration or appeals policies in the claims process in an attempt to settle a claim for less. If an insurance company advises a claimant not to hire an attorney and then attempts to settle the case for a figure well below the proper settlement value, the insurance company may be responsible for unfair or deceptive claims practice damages. Insurance companies should not over burden you with documentation or make you jump through hoops to pay the monies you are rightfully owed.

If you feel that your insurance company is not giving you a fair shake, you should immediately contact an insurance claim and unfair insurance claim practice attorney for a free, no obligation consultation. Insurers have an obligation to live up to and comply with industry standards and be forthcoming in their dealings with their insureds. The unfair insurance claims practice lawyers of Reiff & Bily always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

What initially appeared to be a multi-car rear end collision with so low an impact that it was hard to see any damage on plaintiff’s vehicle grew into a $7.2 million dollar settlement for a plaintiff. The plaintiff described as a 35-year old athletic and healthy man visited a chiropractor after his collision and within six months was described as regressing to the point where he was losing his ability to walk without assistance. The plaintiff’s attorney made a demand to settle for $100,000 policy limits; however, the defendant’s insurance carrier Liberty Mutual denied. The original trial attorney demanded $100,000, the limits of the policy about a year after the accident, and in his demand informed the carrier that he thought the value of the case was in excess of $300,000. The lawyer worked diligently and as he described, tried to bend over backwards in an attempt to get Liberty Mutual to pay the contracted policy amount of $100,000. The insurance carrier continued to drag its feet requesting more and more information including plaintiff’s work history and medical records for the last five years. The attorney supplied the insurance company with full information and every opportunity to pay. The insurance company argued that the plaintiff’s medical condition was caused by a pre-existing condition rather than the car accident and also argued that another car accident in which the plaintiff had been involved two years earlier caused the damage. The plaintiff’s attorney continued to make new demands and in December 2010 demanded $3.5 million dollars, after which point Liberty Mutual offered their policy limits of $100,000 which was denied at that point. Thereafter in April 2010, another demand was made, this time for $5.5 million dollars. The insurance company again rejected the demand and proposed mediation and plaintiff’s lawyer said no. The insurance company’s attorneys asked for more time to review documents and depose experts.

News sources indicate that the insureds had to hire their own counsel to put pressure on their insurance company Liberty Mutual. Pressure by the insurance company to resolve the case was credited with boosting the settlement value.

Continue reading "$100,000 Policy Limits Turns Into $7.2 Million Dollar Settlement For Client Due To Insurance Carrier’s Foot Dragging During Settlement Negotiations In A Personal Injury Case" »

According to a story published on July 13, 2011, recent research conducted by an independent company in the United States uncovered a number of car owners who claim that their sports cars were being used for farm use in order to save money for car insurance. Investigators revealed that owners of sports cars such as Ferrari, Porsche, and Audi registered their vehicles as farm vehicles and were benefiting from discounts up to 20% on car insurance policies. The insurance industry claims to have lost approximately $159.00 a year and has called for outside investigations to start verifying data supplied by policyholders. Obviously if the policyholder represents the car is being used as a farm vehicle, the insurance company would think there is less of a risk and that it was statistically less likely to be stolen or involved in a road traffic accident.

As an experienced Philadelphia car accident attorney for over three decades, I can say without question that insurance companies will look for any and all excuses to avoid paying claims in a delay, deny, and defend manner. I am currently involved in prosecuting a claim against an insurance company who is refusing to pay benefits due to the fact that a vehicle was registered for corporate purposes and being driven for personal business. Insurance companies continue to increasingly stonewall and low ball car accident claims and instigate fraud investigations at the drop of a hat. The advice of this experienced Philadelphia car accident lawyer is to always tell the truth and make accurate representations to your insurance company when insuring your vehicle if you want to get paid if your vehicle is in a car accident.

www.reiffandbily.com

Experienced Bad Faith and Unfair Insurance Practices Lawyer Jeffrey Reiff has been combating insurance companies since 1979. The experienced Philadelphia car accident lawyers at Reiff & Bily offer the following tips on how to best protect yourself from an insurance company that may not be willing to pay a claim when you need it most!

1. Read your policy carefully – you should know what is covered and how to appeal a denial by your insurance company.

2. Be very careful filling out forms – even if you make an honest mistake your insurance company may seize on that as a reason to retroactively deny your coverage.

3. Do not cash a premium refund check – if your insurance company rescinds your insurance, they may send you a refund for the premiums you paid. Cashing it may be interpreted as accepting their decision.

4. Put everything in writing – Calling your insurance company will most likely be a negative experience and you will not be able to prove anything that a company representative tells you over the phone. Always keep records of all bills and correspondence.

5. Contact your state insurance department – they may be able to help you but they will not represent you in a private matter. So if all else fails, you may need to consult with an experienced insurance claims lawyer.

6. Most importantly never ever ever give up – insurance companies count on you giving up. It is important that you fight for your rights.

They will deny, delay and refuse payments. The bottom line is insurance companies make money when they don't pay claims. Trust me, I know. I have been in the same boat as you and every day I fight insurance companies on behalf of policyholders that are getting screwed because of corporate greed and incompetence of insurance company representatives.

If you believe that your insurance company is wrongfully denying benefits that you are owed, please contact the experienced unfair insurance practices lawyers at the Pennsylvania personal injury law firm of Reiff & Bily.

Last week a man visited my office who was catastrophically injured in a severe motorcycle accident after being run off the road by a truck. He presented me his policy which noted that he had purchased substantial uninsured motorist coverage yet when he reported the claim and our office reported the claim we were told by the adjuster that he never had purchased this coverage. Frankly, the adjuster was outright lying.

When you buy a policy of insurance, the insurance company is supposed to protect you from life’s many mishaps. I always thought that the premiums that you pay every month are supposed to guarantee you help when you need it. Well, as an experienced car accident and truck accident attorney, I can tell you that that is not what is happening in today’s economy with the insurance companies. Recently more and more insurance companies have tried to avoid payments for justified claims and outright lie about coverage issues.

Insurance companies realize that many people are afraid to challenge them or go to lawyers and they can add to their bottom line by fighting claims or misrepresenting the situation rather than giving you what you deserve when a tragedy or accident strikes. Some companies advertise that you are “in good hands,” yet many times when it comes to negotiating claims it seems that they only give you part of the hand, mainly a finger. Such bad faith insurance practices violate the inner core of consumer integrity when people are at their most vulnerable. Do not allow yourself to become a victim of insurance company misrepresentation. Fight for your rights.

If you were involved in a catastrophic accident or a loved one has sustained a wrongful death, please feel free to contact one of our experienced Philadelphia catastrophic injury and personal injury lawyers at 1-800-421-9595 or online at www.reiffandbily.com for a free no obligation consultation.

As an experienced Philadelphia personal injury and car accident lawyer since 1979 whose law firm has handled 20,000 to 30,000 cases, there is no longer a smooth road to easy wins or hefty settlements. Many of the insurance companies and the defense law firms hired to represent them are using a “scorched earth” approach to handling law suits filed against them by never settling cases and by then exhausting every appeal. This tactical change coupled with friendlier appeals courts have given the insurance companies a sense of power where they freely delay, deny, and defend even in the clearest liability case. As an experienced Pennsylvania trial lawyer who has been aggressively fighting the insurance companies every day, I can honestly state that the insurance company has been corrupted from a business that was bound by promise and contract to one of profit through deception.

Recently defense counsel for a major insurance company told me that his insurance company would outspend and outlast anyone who wants to challenge him and that it was good for his business and that he and his firm were making more money than ever in the process. Now more than ever, if you or a loved is injured in a car accident or as the result of a defective product, you need aggressive legal representation to force the insurance company to pay a justified claim. From stonewalling and low balling claims to instigating arbitrary fraud investigations, the insurance companies are increasing failing to live up to their contractual commitments.

The Pennsylvania personal injury and car accident lawyers of Reiff & Bily are passionate advocates for victims of serious accidents. We understand the pain, financial difficulties, and physical struggles that accompany catastrophic injuries. We are honored to have been chosen Pennsylvania Super Lawyers and to have received the highest of reviews from our clients and peers on avvo.com and believe that adversity causes some lawyers to break and others to break records. For a free no obligation consultation, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595. We offer a no fee guarantee which means if we don’t win, you don’t pay.

When I first started practicing law in 1979, it was easier to do business. Hand shakes meant something and you really were in good hands with your insurance company and like a good neighbor, they were, in fact, there. When you bought a policy from an insurance company or were involved in a catastrophic incident with somebody insured with an insurance company, the insurance company normally performed their due diligence and generally paid property damage, medical expenses, and compensatory damages on a fairly routine basis unless liability was clearly disputable or fraud was involved.

Unfortunately, this scenario is rare today. Today insurance claims are fought aggressively and many companies fail to honor the terms of the policy and promises of security through a strategy that insurance expert and Professor Jay M. Feinman calls “Delay, Deny, Defend” in his new and highly recommended book of the same title. Insurance companies now delay payment of claims, deny all or part of a valid claim, and/or aggressively defend the positions they take by forcing the policyholder to hire a lawyer to get what he is rightfully owed.

As an experienced Pennsylvania personal injury lawyer whose law firm has handled more than 20,000 claims since 1979, I am all too familiar with how many insurance companies dealing with cases with clear cut liability and permanent injuries will try to make the defendant sweat it out to increase their bargaining position in order to resolve the case at a lower settlement figure. I am all too familiar with the fact that many times arbitration panels and juries award multiples of the stated minimal insurance limits and I am sometimes puzzled or amazed to learn that insurance companies may spend more in litigation than the case is worth to prove their point and wear the defendant down. I tell my clients that when the facts are on your side and you have a good case, don’t be afraid to sue and win. Don’t be bullied!

In the old days, claims adjusters would insure the prompt, fair, and efficient delivery of the insurance company’s promise to pay under the policy. In a tightening economy, many major insurance companies seek to increase profits. Simply put, the insurance companies’ greatest expense is what it pays out in claims and if it pays out less in claims, it can keep more in profit.

If you are involved in a serious or catastrophic car accident or any other legal claim for that matter, never assume that the insurance company is your friend. Hire a lawyer who is greedy for justice and not afraid to fight back.

As a Philadelphia catastrophic injury lawyer who has been battling insurance companies since 1979, I am familiar with the hardball tactics of insurance companies and their multiple attempts to “screw” their insureds. Taking this literally, I can not help but chuckle when I reviewed a story entitled, “Two Million Dollar Lawsuit Blames Insurer for Couple’s Breakup.” The article alleged that a woman launched a two million dollar lawsuit against an insurance company due to the fact she claims her marriage was destroyed after one of its employees ended up in bed with her husband. The woman launched a two million dollar lawsuit against Great West Life Insurance Company and a former senior benefits representative claiming that the company was negligent and failed to supervise its employee properly. The Superior Court Judge stated that this was novel issue which deserved a proper hearing and added that the courts have decided that insurance company employees can be sued for negligence in dealings with clients. Through his lawyer, the husband of the distressed wife alleges that the claims in the lawsuit are “false and unfounded.”

The law firm of Reiff & Bily is committed to prosecuting claims against insurance companies for unfair claims practices and bad faith. We have over 30 years experience challenging the insurance companies claims handling practices.

As an experienced Philadelphia personal injury and unfair insurance claims practice lawyer since 1979, it seems to me that the insurance companies will stop at nothing to intimidate plaintiffs even when the plaintiff is their own insured. I am currently involved in several unfair and bad faith insurance claims cases where the actions of the insurance companies have been unethical and seemingly criminal. In one of these cases, an insured who was catastrophically injured was repeatedly intimidated by insurance company claims investigators, insurance company attorneys and insurance company claims representatives to the point of requiring psychiatric intervention. Of course, what the insurance company adjuster failed to recognize is that all of these “boxing gloves strategy actions” against its own policyholder benefited the plaintiff’s bad faith action and made the plaintiff’s case stronger in the hands of a lawyer with experience in bad faith insurance litigation.

Unfortunately with many companies, unless you accept the initial or continuing low ball settlement offers, which is often not enough to pay medical bills or wages, the posture becomes more aggressive at every step as the insurance companies attempt to deny claims at any and all costs. While I make my living fighting insurance companies, it always amazes me that if insurance companies would attempt to fight fairly from the beginning, in the majority of cases an amicable resolution could be achieved. In most bad faith cases, the insurance company goes to extreme lengths to avoid paying claims and often they are not shy about using aggressive lawyers, unfair claims handling tactics, and the courts to their own advantage in attempting to stack the deck.

In one of our recent cases, intense discovery revealed obvious and intentional misrepresentation by the insurance adjuster representing the insurance company. Our client, a successful business person, was astounded when the company would not pay full benefits under the policy he purchased. He claimed to have many sleepless nights and in fact, went to see his cardiologist who told him that he had suffered an anxiety disorder and stress syndrome as a result of the insurance company’s activities.

Most people are not equipped to combat the insurance companies on their own and the first time you find yourself being low balled by an insurance adjuster, it would be wise to get an experienced unfair insurance claims and bad faith insurance attorney involved who has the experience and tools necessary to fight back aggressively.

Hats off to an Arizona jury who sent a loud and clear message to Met Life for refusing to cover the claim of Kenneth and Tammy Nardeli whose Ford Explorer was stolen from a Mesa, Arizona shopping mall and found abandoned and severely damaged weeks later in Mexico. Although the Nardelis said the vehicle was a total loss and could never be restored to its original condition, Met Life refused to replace the car and instead issued them a check for $10,759.00 while stopping payments for their rental car. Richard Gillenberg, the attorney for the Nardelis, stated that Met Life was determined to boost profits within its Warwick, RI based auto and home division and that the company told its adjusters to get tough on claims. The lawsuit accused Met Life of a deliberate scheme to deny the Nardelis their rights under their insurance policy.

The Philadelphia unfair insurance practices law firm and bad faith insurance law firm of Reiff & Bily is all too familiar with tactics such as these and currently have cases in litigation against insurance companies who place profits before policyholders’ interests and breach the fiduciary obligation to deal in good faith.

Unfortunately, seemingly the motto at many insurance companies in this country is deny, delay and defend until the insured cries uncle or hires a lawyer with enough gumption and strength to take them on. Even then, the insurance companies throw road blocks in their way and as one of our recent cases will attest, they will take some of the most unconscionable steps imaginable to prevent an insured from recovering full benefits under the policy that they paid for with their hard earned dollars.

If you or a loved one is the victim of an insurance company’s unfair claims practice or a bad faith dispute or believe that your insurance company is not treating you fairly, please contact one of our experienced unfair insurance claim practices or bad faith insurance lawyers for a free consultation.

As an experienced insurance claims lawyer who has been litigating bad faith and unfair insurance claims practice since 1979 in conjunction with our catastrophic injury law practice, I have seen that insurance companies have increasingly taken a deny, delay, defend posture with even the most valid and clearest of insurance claims. Many times this arises as a potentially nightmarish situation for the insured as they have paid their premiums and been profitably exploited by the insurance company. Unfortunately most individuals lack the experience or know-how to fight the large insurance company who believes that the insured will back down or be intimidated and settle for cents on the true dollar value of their claim.

In our unfair insurance claims practice we have noticed an increased amount of unfair practices, bad faith, and outright fraud on behalf of the insurance companies. We have been filing bad faith claims against these insurance companies claiming they are breaching their contract with their insured and it is only when these cases start to heat up that the representatives of the company at a corporate level start to pay attention.

All insurance companies owe their insured a fiduciary obligation to act in good faith.

In many cases, insurance companies have hidden relationships with third party administrators or reinsurers while engaged in a back room “fight” with the separate entities pointing the finger at each other which unfortunately comes at the expense of the insured. In many of these cases, we have been able to determine that false information was supplied to one of the hidden third parties in applications or documents whereas the insured was kept in the dark and ultimately successful in a courtroom proceeding. It is important that if you are wrongfully denied a claim by your insurance carrier or you are not offered fair value for your claim, that you fight back and never, never give up.

The unfair insurance claims practices lawyers and bad faith insurance lawyers of Reiff & Bily are committed to protecting consumers wrongfully injured by the deny, delay, defend tactics of insurance companies.