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Archive for the ‘insurance injury settlement help’ Category
Sunday, August 26th, 2012
Progressive insurance reached a settlement in a fatal car accident involving the death of Kaitlynn Fisher. It took a jury verdict and her brothers blog post that created a public outcry and still Progessive wordsmiths their position of fighting the claim.
The Facts of Kaitlynn Fisher’s Claim Against Progressive
Kaitlynn Fisher was killed in a fatal auto wreck caused by Ronald Hope running a red light. The insurance he has was not enough to cover the losses and damages and so a claim was also made against Ms Fisher’s own insurance policy for underinsured motorist coverage.
Underinsured motorist coverage depending on the state pays damages the one suffers as a result of a car crash the are uncompensated because the negligent party did not have enough insurance to pay for all of the damages. In order to collect from Progressive or any other underinsured motorist carrier you normally have to get the negligent person’s insurance to offer their liability policy limits. The insured then needs to tell it’s own insurance company that they have an offer of policy limits and would like to release the at fault party and proceed with a claim for underinsured coverage. The insurance company can refuse to allow a release and force you to sue the person that caused the injury or death as well as your own insurance company. In this case that was Progressive.
In Kaitlynn Fisher’s case Mr Hope’s insurance paid off, but suit still had to be filed against him and Progressive. A trial was held and Progressive’s lawyers tried to argue that Kaitlynn was at fault so Progressive would not have to pay anything. There was only one eye witness who put blame on Hope and the jury rendered a verdict in favor of Kaitlynn’s estate.
Progressives attempt to pass of responsibility on its own insured made her brother quite upset. The infuriated Matt Fischer, Kaitlynn’s brother, he wrote a succint article about the case titled My sister Paid Progressive Insurance to Defend Her killer in court. Progressive responded that it did not defend her killer. Mathew wrote another blog post describing what exactly happened in court . This clearly showed that Progressive did try to pin the blame for the accident on its own insured.
There was a ground swell of “this stinks Progressive” from the public which was surprising to me since many less enlighted brain washed by insurance propoganda think that anyone trying to make a claim is a fraud. but Mathew Fischer’s posts elegant in their simplicity and clarity turned the tide of public opinion.
Progresive’s Response After Settlement Is Still a Spin Job
Progressive released a statement after they settled. The statement called the liability (who ran the red light) a disputed issue and therefore they said that this issue had to be decided in Court. But they still did not admit they tried to blame their own insured Kaitlynn or defended the other driver. Here is what they said,
“As a defendant in this case, Progressive participated in the trial procedures on our own behalf while Nationwide represented the other driver.”
My God, if you read Mathews article their participation was a full defense for the driver that killed Kaitlynn. And why. Because Progressive do not want to have to pay their underinsured motorist coverage.
Progressive’s Acts Are No Different Than What Your Insurance Will Do
If you have another insurance company do not for one minute think they would have done anything different. Your personal injury insurance settlement is dependant on force and power. Insurance companies are in business to take in premiums and pay you as little as possible. Why do you think they tell you not to hire a lawyer. Because now you are a real threat to them.
by Anthony Castelli Cincinnati personal injury Attorney. He works to help seriously injured people heal financially and emotionally by taking on big insurance seeking the best possible settlement for his clients.
8170 Corporate Park Drive,
Cincinnati Injury Lawyer Reveals What Your Insurance Company Doesn’t Want You To Know About your Settlement Until It’s Too Late
Tuesday, June 26th, 2012
I often get the qustion. “Do I need a lawyer for my personal injury insurance settlement.” My response is, “Do you want to maximize the settlement value that you receive. Do you want to net as much money in your pocket as possible. Would you operate on yourself if you had a broken arm.” The answers to these questions are always the same.
But not every personal injury settlement calls for a lawyer to maximize value. In small cases a lawyer would have a difficult time adding value to your case. They are not a threat if you only went to the doctor once or twice and have no long term problem. Why. Because no serious personal injury lawyer would file suit on such a small case. My opinion is that you can get maximum money by yourself and I’m happy to tell you how to go about it.
But in serious injuries where the compensation you deserve justifies the power and ability of a personal injury attorney, consider hiring an injury attorney to help maximize the money compensation you receive. The insurance company knows that if you have hired an experienced personal injury attorney you can force their hand by filing suit if necessary and proceeding to the Courthouse.
Have you ever felt like you were powerless against an insurance company. Insurance companies are in every aspect of our lives. What are you going to do? That’s why I co-authored the best selling book in the Amazon insurance category with 14 other lawyers:
Wolf in Sheep’s Clothing – before you make a fatal mistake that could ruin you injury claim, please watch this short one minute video that talks about the book and click on the embedded link that will take you to the page where you can download the book for free. Please read
Ch 7 – Why Not Negotiate with a Wolf,
Ch 2 The insurance company offered me money but I don’t know what my case is worth and
Ch 13 When your friend becomes Your enemy.
Then Call for my legal help 513-621-2345 a no cost no obligation claim evaluation
Wednesday, December 7th, 2011
As a Cincinnati personal injury lawyer it never ceases to amaze be how insurance companies offer car insurance with loopholes. What’s worse the legislature and the Courts have permitted this. Would you be surprised to know that if you were negligent and hurt a family member your policy probably does not protect you, nor cover your family members injuries.
Isn’t it the law that you have to drive with insurance. Even if the minimum limit in Ohio is a paltry $12500 per person and $25,000 per accident it still should cover everybody you hurt by you neglegent driving but it normally does not.
A recent court case Fratillal v Owners insurance brought home this point. A husband caused a car accident and injured his wide as a passenger. The Court declared that the exclusion in the automobile insurance policy was valid. The policy stated that Liability coverage does not apply to you or a family member. Therefore the wife could not recover for her injuries.
You should not always accept no for an answer from the insurance company. Get a good car accident lawyer to review all the facts and especially all the policies of insurance. There may be a way around it. Remember all insurance contracts are not the same. Even though there was a liability exclusion possibly there was not an uninsured exclusion. Ask your agent when you buy insurance that you want your family covered . Some insurance companies still provide this coverage.
Cincinnati personal injury lawyer Anthony Castelli Attorney can help. Call today to learn how much your case is worth and how to maximize and get that fair value. Anthony welcomes your call at 621-2345 for a free no risk case review.
Friday, March 18th, 2011
On Thursday the book on insurance I contributed to became a #1 best seller in the Amazon Books insurance category. The book titled Wolf in Sheep’s Clothing – What Your insurance Company Doesn’t want You to Know and Won’t Tell You Until It’s too Late was a group effort with 14 other prominent attorneys from across the United States.
My chapter was called When Your Friend Becomes Your Enemy. It discussed the tactics employed the insurance industry to keep you away from an attorney if you have a serious injury. They do this so they can pay you less money.
Here is an exerpt from the Amazon book page.
I hope to make at least my chapter available as a free download on my web site. www.castellilaw.com But there are 14 other great chapters . For now you can go to www.amazon.com to purchase the book. You can learn a lot about accident injury inurance practices and much more.
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith