Newfoundland Injury Law Blog

Myths about the insurance claim process

Time and time again, I see members of the public who are misled by myths about the insurance claims process.  Some of these myths can be dangerous.  I'll list a few of them below.

• If you write the insurance company a letter and are reasonable, you will get a reasonable settlement proposal.
• When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give them a recorded statement or they won't settle with you.
• All lawyers who advertise that they handle accident cases have the same ability, tools and experience to handle your case.
• The insurance company for the person at fault is obligated to pay your bills for treatment as they are incurred.
• All lawyers charge the same fees in injury cases.
• The tort liability system is some sort of lottery that will help you get rich.
• Just because there has been an accident and it wasn't your fault, there must be some insurance company that will pay for your bills, lost wages and injuries.
• If a lawyer refers you to a doctor, that is a good idea.
• Courts are generous.

The last myth "Courts are generous", is particularly dangerous.  Have you ever heard of the expression that possession is nine tenths of the law?  Well judges certainly have, and their attitude generally is that if you are trying to get money away from someone who has it, whether insurance company or big corporation, and no matter how bad their conduct or how bad your injury, then you had better be able to overcome a large burden of proof.  Trust me.

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