The document discusses seven common myths about personal injury claims and the role of insurance companies. It emphasizes that insurance adjusters work for their employers, not for the claimant's benefit, and that claims may be delayed or minimized regardless of fault. Hiring a lawyer significantly increases the chances of obtaining fair compensation, as jurors are often skeptical and unlikely to empathize with the injured party.

1. 7 Personal Injury
Myths
by Steven
Schwartzapfel

2. PERSONAL INJURY MYTH #1
MYTH: The insurance
adjuster is on your
side and is there to
help you.
TRUTH: The
insurance adjuster is
paid to protect the
interests of his or her
employer—the
insurance company.

3. PERSONAL INJURY MYTH #2
MYTH: The accident
wasn’t your fault, so
some insurance
company will
automatically pay for
the property damage
to your car, your
bills, your lost wages,
and your injuries.
TRUTH: The
insurance company
will fight you every
step of the way.

4. PERSONAL INJURY MYTH #3
MYTH: When you are in
an accident and the
insurance company calls
and asks for a recorded
statement, you must give
them one or they will not
settle with you.
TRUTH: The insurance
company would like you
to give a recorded
statement so they can
use it against you later.
New York law does not
require you to give a
recorded statement.

5. PERSONAL INJURY MYTH #4
MYTH: The accident
wasn’t your fault, so
if you give the
insurance company a
recorded or written
statement they will
pay for property
damage and medical
bills.
TRUTH: The
insurance company
will take whatever
steps are necessary
to limit payouts.

6. PERSONAL INJURY MYTH #5
MYTH: The insurance
company will make a fair
and reasonable
settlement offer.
TRUTH: The insurance
company is under no
obligation to make any
settlement offer. They
will dangle the possibility
of an offer only to obtain
as much information as
they can gather to use
against you later. If a
settlement offer is made,
it will be below the
actual value of your case.

7. PERSONAL INJURY MYTH #6
MYTH: The insurance
company will not offer or
pay more money if you
hire a lawyer.
TRUTH: The insurance
company’s own research
shows settlements in
cases where the injured
person is represented by
a lawyer are significantly
higher and the client
receives more money
even after payment of
attorney’s fees.

8. PERSONAL INJURY MYTH #7
MYTH: The accident wasn’t your
fault and you sustained such
serious injuries that if you just tell
the insurance company adjuster or
go to court and tell the jury your
story, they will feel badly for you
and give you money to compensate
you for all your losses.
TRUTH: Jurors are not generous.
Focus groups have proven that
jurors are often skeptical, cynical
and reluctant to believe the injured
party. Jurors have become
desensitized to blood and gore
after seeing so much of it on TV
and in realistic video games. It has
become increasingly difficult for an
injured person to recover the full
value of his or her losses without
having retained a highly
experienced and well qualified
attorney.