Do you own a personal breathalyzer? If it’s been a while since you’ve had it, do you know for sure if the device will correctly display your BAC – blood alcohol level? Have you ever had it calibrated?

“Calibrated?” I’ll bet more than a few readers who own personal breathalyzers are thinking, “What do you mean?”

That’s what “Neal,” of Phoenix, Arizona would have also said, until a recent encounter with a “very professional and helpful” highway patrol officer:

“I probably could have been taken to jail for DUI, but a highway patrol officer gave me a lesson that I want to pass along to others. As you have written about the importance of owning a personal breathalyzer for anyone who entertains with or consumes alcohol, I think you will find my story valuable for your readers.

“Our company had a birthday party for an employee and we served adult beverages. For years I have had everyone blow into a breathalyzer we keep at the office before driving home after these office parties. Anyone near the legal limit is not allowed to drive, and we take them home.

“I also have one in my car, blew into it, was well under the limit, had just started to drive off, only to be pulled over for a burned out taillight. The officer asked if I had been drinking, which I admitted.

“Of course, she had me blow into her breathalyzer, and I was at the limit, while my own test–about two minutes earlier, put me at half that number!

“I showed my device to the officer, blew in it, and, sure enough, I came out fine! She had a “Deer in the Headlights” look, and said, ‘I don’t know if my unit or yours is seriously out of calibration, and I am not taking you in because of that. But if you haven’t had yours calibrated for some time then the results cannot be trusted.’

“She waited for my ride home to arrive, where I immediately found the box and instructional materials for the breathalyzer. In bold letters the importance of sending it in periodically for calibration was right there, but, Mr. Beaver, I had no idea at all about any of that and I’ll bet a lot of people are in the same boat. Writing about this would be a real public service. Thanks, Neal.”

If You Drink, How High Is Your Blood Alcohol Concentration?

For the past several years this column has followed the evolution of a university student’s idea that led to the development of the personal breathalyzer. In 2001 Keith Nothacker, then a senior in Economics at the University of Pennsylvania had an “ah ha” moment which would give the public the same tools as law enforcement had to test a driver’s blood alcohol concentration and for a fraction of the price.

“There was nothing available for individuals to test themselves before deciding to drive,” Nothacker,” explained. With some amazingly talented people, he launched BACtrack, marketing personal breathalyzers, and today the San Francisco-based company has the largest share of the North American market.

“It is so important to understand that our purpose is not to help drivers avoid a DUI, rather, it is to know when they should not be driving. In reality, the two go hand in hand, and the only safe way to drive is when you have zero alcohol in your system. Study after study shows that people have great difficulty in knowing their BAC – it is not something that you can accurately feel. That’s why owning your own breathalyzer can truly be seen as a lifesaver – not to mention the cost of a DUI.”

Law Enforcement Must Prove Calibration

How important is calibration? Woe to the Deputy D.A. prosecuting a DUI who can’t show that the officer’s unit had been properly calibrated. I’ve seen far too many otherwise good arrests be tossed out of court for that reason.

“The devices used by the law enforcement and consumer versions should be thought of as precision laboratory instruments and require periodic, calibration pursuant to the manufacturer’s recommendation, to assure accuracy. This could be yearly or more often, and I just cannot over-emphasize how important this is if you use the device frequently,” Nothacker observes.

“Is there any way for an owner to know if their device needs to be sent in for calibration?” I asked.

“If you are getting odd results–strange numbers–that’s a pretty good indication that the device is out of calibration. As the cost to have a unit calibrated is very low, having this service performed on a yearly basis just makes good sense,” he concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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What are your legal rights, and a car dealer’s obligation concerning vehicle registration?

Learning some of the possible legal consequences of driving a car that lacks current registration wasn’t what Joe had in mind when he purchased a 3 year-old Toyota 4-Runner for his nephew, Abe, who drove it for a local chauffeur service.

But there was a problem, as Joe explained:

“I bought in February from one of the largest Toyota dealers in our town. We were told that it was a trade-in from a customer who was unable to locate the vehicle’s registration or title, but not to worry, because if she didn’t bring it to them, they would apply to DMV for a replacement.

“They issued a temporary registration which was taped on the passenger inside windshield.”

The car had no license plates, “as they were personal to the customer, and were transferred to the new car she purchased.”

Abe immediately went to work and, as his employer had a contract with the two country clubs in town, “I earned a very good income, both as an hourly employee and from healthy tips,” he said.

Time Limits to Legally Drive with Temporary Registration

While time limits vary state-to-state, in general, buyers are able to drive the vehicle for a limited time on a dealer-issued temporary registration.

Joe’s credit union financed the purchase and required full-coverage insurance with them listed on the insurance policy as lienholder.

Despite repeated calls to the dealership, asking “Where is the car’s registration?” Joe was assured by the used car sales manager, “We are working on it, but our customer isn’t very cooperative, and in fact, the new car we sold her had to be repossessed due to checks bouncing and a failure to keep monthly insurance premiums current.”

What Abe and Joe are facing

Not having valid, current registration on a vehicle is nothing to sneeze at because:

(1) Police can stop and ticket the driver as unregistered vehicles may not be driven legally on public roads.

(2) An owner faces parking violations, towing and impounding if the vehicle is found on or operated on public roads.

(3) Fines can range from $250 to $3,000 or more, depending on the state and any prior violations.

(4) Penalties can include being arrested, doing time in jail and possible impounding the vehicle, points on a driver’s license, and suspension of the license.

(5) If auto insurance was issued under a temporary registration, coverage could lapse, depending upon the carrier. Driving a car without insurance is its own violation of law.

Be Patient

In their state, 90 days is the limit of validity for a dealer-issued registration.

Abe had been driving the 4-Runner since February. “But I just received notices from my employer and auto insurance, that unless the vehicle was registered in my name before the expiration of the temporary registration, insurance would be cancelled and I could not drive for the company. Every time I call, the used car sales manager just says, ‘Be patient, we are working on it.’

“But my family depends on that income. Can you help us?”

Not Who You Know But Who Knows You

It would have been easy to just send Abe and Joe down to their local DMV investigations office and file a complaint against the dealer who had the legal duty of providing them the registration.

But that would take time and Abe would be out of a job.

Instead, I set up a conference call with Joe, Abe, and the dealership, asking to be connected with the general manager but was transferred to his assistant.

When “Sheri” came on the line, I just said, “My name is Dennis Beaver and I am not representing your customers, but as a journalist, trying to help them,” and outlined the problem.

My next call was to the manager of Joe’s credit union.

“Joe, your customer, really needs your help. The Toyota dealer appears unable to produce registration on the 4-Runner you financed, and he will likely stop making any more payments. Would you please call the dealership and do what you can to help Joe?”

A Little Patience Was Called for Now

“So, what do we do now?” Both Abe and Joe asked.

“We wait for our phone to ring, and my prediction is no more than 5 minutes. You are about to see what is meant by the power of the press.

Three minutes later the Toyota general manager called:

“Mr. Beaver, please tell them to bring the car right over to us, now if possible. We will unwind the sale, refund all of their payments and insurance premiums they paid. And thanks for handling this the way you did.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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Driving home, on the same road you’ve driven thousands of times, doing about 25 mph, suddenly, with no warning, a car pulls a U-turn right in front of you.

Attempting to avoid the accident, you veer to the right, but still collide, and next crash into a parked car.

The police come out, take statements and file a report which assigns 100 percent fault to the driver who made the illegal U-turn, as one would expect.

Sustaining “soft tissue,” whiplash injuries, a short course of physical therapy is prescribed. Your car is deemed a total by your insurance company.

“OK, Beaver, so where’s the meat? I don’t see a story,” you might be thinking right now, and if the insurance company for the at-fault driver were ethical and acted in a fair manner, there would be no story.

But that’s not what was to happen, for even with no evidence that you had done anything wrong, the insurance adjuster claimed that you were (1) speeding; (2) failed to take evasive action; and (3) “failed to maintain a proper lookout.”

If you ever thought that insurance companies were a big brotherhood and watched out for each other, playing nice among themselves, guess again.

Rather, it’s “no honor among thieves,” as this company refused to accept liability, forcing the matter to “Inter-Company Claims Arbitration,” which, just like the police, found 100 percent fault. Later an accident re-construction expert and police officers from two different cities would find you completely fault-free.

Still, they maintained that you were 50 percent at fault!

We’ve seen their funny ads

Without naming the company, you have seen their funny ads — at a cost of over 500 million dollars a year, close to 5 percent of premiums.

But what the cute commercials don’t reveal is a return to some of the worst claims practices seen since California had third party bad faith — meaning you could sue an insurance company for acting in bad faith when handling a claim.

That amazing window of time was David and Goliath, with insurance companies running scared, often over-paying claims out of fear, and it lasted from 1979 until 1988. Then, under great political pressure, the California courts took that right away from us all, and the cockroaches crawled out of the cupboards, insurance settlements becoming a fraction of what was fair.

“Your client should have anticipated the accident”

The most maddening justification for making a low-ball settlement offer was this comment from the adjuster:

“Your client failed to maintain proper lookout and should have anticipated the accident.”

“You mean, my client is required to be a mind-reader??” the lawyer replied. “How can you know someone is going to make an illegal U-turn???”

“If they maintained lookout, there would not have been an accident,” the charming adjuster repeated.” (At that time, your lawyer opened his desk drawer and removed a Voodoo doll, grabbing a handful of pins. He also reached for his emergency bottle of scotch.)

“But the courts define lookout as observing things in plain view, which are easily seen. It means being diligent, such as keeping a safe distance from other cars. If you don’t look, are fiddling with the radio or texting, sure, then you are not maintaining a proper lookout.

“And they don’t even remotely suggest that you have to anticipate someone making an illegal U-turn. How can you blame my client when your driver suddenly pulled right out in front and made the U-turn?  Tell me that, please,” begged the attorney.

It was a conversation that went nowhere, and so, your lawyer asked to be connected with her supervisor who promised to have the entire matter “round tabled” with new adjusters. And their findings?  Identical. Speed, failure to maintain lookout, and so on.

Get you and the law involved

“Beav, I need your help — Have I got a story for you,” was the call from your lawyer.

We contacted the Media Relations department of this insurance company and asked if they now have a “mind reading” requirement for anyone involved in an accident with their insured.

“We will have the matter looked at by a regional supervisor,” was the reply.  And that’s exactly what took place, but did it change anything?

You bet your crystal ball! Without addressing the mind reading issue, an acceptable settlement offer was made.  Nothing extravagant, just a fair offer.

The voodoo doll was put back in your lawyer’s drawer and the bottle of Johnny Walker remains unopened to this day.

Moral to our story: Even if you are handling your own auto accident case, when the adjuster is a colossal jerk, escalate the matter, speak with a supervisor and, if need be, the supervisor’s supervisor.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you’ve been injured in an auto accident, it is important to speak with an experienced attorney who handles these types of cases to learn your rights and obligations. But in the days immediately following the accident — depending upon just how bad it was and how your life has been disrupted — there may be pressure to quickly hire an attorney.

That could be a costly mistake.

For anyone who has not gone through this experience before, it is a time “when the tons of money we spend on advertising — and the ‘fight for our clients’ image — really pays off. Our clients think they hired a law firm that will do battle with insurance companies to get the highest settlement possible.

“But it isn’t anything like that. We are afraid of any case that has even a small chance of having to go to court. So, we don’t let them go that far, even if a suit is in the client’s best interest. We just care about a quick settlement and our fee. Insurance companies love us, because we settle quickly — too quickly — and for much less than most cases are worth.

“In fact, our clients pay us the same percentage as they would have paid a competent, reputable attorney who would get them much more money,” You and the Law was told by “Jake,” an attorney who works for a law firm whose ads appear throughout California on TV, in phone books and online.

He spoke on the condition of not revealing his true name or the firm he works for. “I am trying to find a real job practicing law, but the market is awful now, so I’m stuck here for the time being,” he told us with a sense of regret in his voice.

Known as settlement mills

“Jake’s honesty is remarkable. He gave you an accurate description of a settlement mill. which is a law practice where the lawyers make money hand over fist, but individual clients do poorly,” Lawyer X, from Florida, told us, after we promised to keep his name confidential, and not because he’s done anything to be ashamed of — in fact, just the opposite.

“X” has been in practice for more than 15 years handling personal injury, disability and civil rights cases and writes a blog called “I Do Not Want to be Your Lawyer,” with the sub-title, “Free Legal Advice From A Lawyer (Who Does Not Want to be Your Lawyer).”

“While I answer questions submitted to the blog, I’d be on the phone all day and never be able to get any work done if my real name and phone number was available,” he told us. His blog is one of the most useful sources of information for accident victims that we have ever come across.

At the beginning, everything seems normal

“You likely will not know that you are dealing with one at first,” Lawyer X states. “You’ll see a nice ad in the phone book, online, or on a bus stop bench, call for an appointment, and they’ll come out to you or you meet at their office. So, at the beginning, everything seems on the up and up.

“But then, later, odd things happen. The biggest red flag is that you usually will never meet with the attorney at the initial interview or signing of the retainer. But there are lots of little things which later give clear evidence that you have not hired a normal law firm.”

These include:

l Phone calls are never returned by the lawyer. While lawyers are sometimes not able to promptly return a call, it is unheard of in a legitimate law firm for the lawyer to never actually speak with the client. You have that legal right, and the lawyer has the obligation to speak with clients.

l Not waiting until you are at maximim medical improvement before settling your case. In other words, rushing settlement. MMI is the point at which your providers can accurately evaluate your current and future medical needs and costs.

* Your lawyer refuses to give you a value range for your case. This is critical and should cause you to worry, big time.

* Why would a lawyer not give a client a settlement range?” we asked.

* Because that would make it more difficult to settle with the insurance company if the company didn’t meet that range. The one goal of a settlement mill is to get whatever they can from the insurance company and then tell you they did even better than what your case was worth!

There are two important questions you can ask which will can help prevent you from being “ground up” in a settlement mill, and that’s our subject next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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July 31: Neil Williams, former publisher of the Hanford Sentinel, and his wife are involved in an auto accident when a driver made an unsafe left turn, crashing into them. He immediately reports the accident to his own auto insurance carrier, headquartered in Southern California and which advertises that it offers “World Class Service.”

The couple would soon discover they do indeed deliver “World Class Service.”

“They gave us incompetent, stomach-churning, blood pressure elevating, maddening Third World Class Service!”

As you will see, his sarcasm is well justified.

While premiums were always paid on time and he liked their agent, a completely unexpected, frustrating, time consuming, and deeply disappointing journey was about to begin.

What Williams learned in the following weeks is highly instructive, and he wanted to share his experience with our readers, for as he states, “I learned things about claims handling that completely destroys the value of being loyal to your agent.”

We agree. Loyalty to a friendly, or a local insurance agent and remaining with an insurance company for years does not mean that you will receive good claims service, or that your agent has the intestinal fortitude — the guts — to help you.

Most are afraid of Big Daddy. Even though an agent knows you are being jerked around by incompetent or plain nasty claims handlers, most will never refer a client to an attorney. It is wimp city in almost all cases. As he observed:

“My agent had always been wonderful, but our claim — and remember, we were innocent — was handled in the most unprofessional way you could imagine. Were it not for your help, Dennis, we would have been out hundreds of dollars for rental expenses.”

Aug. 1: His wife recently having undergone knee surgery, a comparably sized vehicle to theirs was required. This meant out of pocket $19 a day over the $30 for 30 days his insurance covered. “I was fine with that, as the shop was confident repairs would be completed within two weeks.”

On a three-way call with him, the claims rep and shop agreed that repairs would begin Monday, Aug. 8 and that the field adjuster would come to the shop Tuesday and promptly coordinate work authorization.

Aug. 5: Williams learns that the field adjuster has not authorized the repairs and has vanished!

“This was a Three Stooges, Keystone Cops comedy where the adjusters failed and refused to communicate with the shop, or with me. Repairs could easily have been completed by Aug. 20, but it took until Sept. 9, turning a two week repair into a month long, expensive ordeal.”

He was looking at having to pay over $700 because of the utter incompetence of his own insurance company’s claims department.

After spending hours on the phone, dozens of calls, finally, a claims supervisor phoned, apologized for the delays, and instructed the rental agency, “Please do not bill our insured. We are paying for the entire rental bill.”

When it came time to pay, his insurance company, the one that promises “World Class Service,” and brags that they are “The Local Advantage,” refused! Reaching the company’s president, “our contractual rights” was the reason given.

It was a slap in his face. He called us and we left a voice mail for the president.

An hour later, guess who phones Williams? “Of course we will pay for the entire rental,” says the president, who then rang our office, urging us to, “Please, do a story, and you are welcome to mention our name, as we did the right thing.”

This column does not reward incompetence.

“They weren’t doing the right thing when I called — but when you called! He did the right thing but not for the right reason! And he didn’t do me any favors. You did. Lemons were turned into lemonade only because of your call, and the fear of exposure in your syndicated column,” Neil William concluded.

When you have a claim, with most companies, you are dealing with someone out of the area to whom you are a complete stranger. A great sales agent does not mean the company will treat you the way your agent does.

When purchasing insurance, ask “If I have a claim, how does the process work with your company? Who am I dealing with? Where are they? If you want my business, I expect that you will help me if things go south.”

Insist that your agent get involved in any claim.

With insurance claims, patience is not a virtue.

To learn more about the best auto insurance, check out this guide:  https://www.reviews.com/auto-insurance/

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Does Nationwide Insurance Company have a policy of discriminating against people who are overweight? Do they care about fairly and honestly settling auto accident cases? It seems a very strange turn-around for what has historically been a very credible insurance company. After reading this story, you decide.

Our story begins in Bakersfield with a minor, three-car accident. Car 1, driven by Richard, stopped for a red light. He was rear-ended by car 2 slowing for the same red light when it was hit by car 3. As this accident was at low speed, there wasn’t a lot of property damage.

Low impact can still injure

In a low impact, slow speed accident, you can still be hurt, even if you car has sustained minor damage. While it is usually true that the more physical damage to the car, the greater injury to occupants, as a police officer for 10 years, I have seen many cases of significant injury, especially rear-end accidents where occupants have some health or physical condition — such as weight issues or disc disease — which makes them more likely to be injured.

A large person involved in a minor accident has a greater risk of striking the steering wheel with their chest and suffering whiplash symptoms. I have seen many cases of older drivers, symptom free, with serious disc disease, suddenly wind up with major neurological problems after whiplash accidents. They were what we call egg shells, fragile, yet feeling perfectly fine before the accident, according to Bakersfield private investigator Riley Parker.

Mr. Parker was quick to point out that “there are many insurance companies who try to wiggle out of their legal responsibility, using bogus-biomechanical science, claiming that no one could possibly be hurt in some of these low speed accidents, and to that I say, garbage!”

Our experts say you can’t be hurt!

Richard and his 9-year-old daughter were more than a bit shaken up. “We were both wearing seat belts, and thrown into the seat back. It was strange. There was such little damage to my car, yet my shoulder, neck and back hurt and so we went to a hospital emergency room to be checked out,” he told me. The Emergency Room physician wrote in his chart, “Myofascial neck and back pain. Bed rest and Motrin, 60 mg intravenous Toradol now.” Toradol is an anti-inflammatory, equivalent to morphine. It is never used unless there is a serious reason. He was also prescribed Ultram — a potent opiate pain medication — for “break through pain.”

But Nationwide — representing the third car — whose motto is, “we are the on-your- side company,” has a different view of things. They sent a check for Richard’s property damage, clearly accepting liability, and then two of the most uncaring adjusters I have met echoed the same story. “We had our bio-mechanic expert look at the physics of this accident and conclude that statistically, no normal person could ever be hurt. Therefore we are denying their injury claims.”

When I pointed out that Richard is somewhat overweight, and that could be why he was so banged up, both adjusters laughed. In fact, one Nationwide adjuster, Ted, said, “Our experts tell us that if you are fat, it provides extra padding so you won’t be hurt as bad!” And then, when I asked them if I should conclude that Nationwide has a policy of actively discriminating against overweight people, they both said “You conclude what you want to! We aren’t paying a cent.”

The higher you go the more stubborn they get

I have normally found that when a case of this nature is brought to the attention of a the Public Relations Department, common sense prevails and a solution is found. That’s what usually happens with ethical companies, but I have to wonder about Nationwide. I spoke with spokesman Mike Palmer, and it was like talking to a zombie. The poor guy can’t seem to answer any questions or talk.

Our conversation went like this: “Speak with the claims supervisor.”

“But they already said they were denying the claim!”

Mike refused to answer one important question: Does Nationwide discriminate against overweight people when handling claims? I repeated this several times, “Mike, it sure looks to me like Nationwide is actively discriminating against overweight people. Are you?” Silence was his response. I will take that to mean “Yes, we are.”

What does this mean for you if you are overweight?

By far the most maddening conversation I had was with a “director” of Nationwide Insurance, Greg Mareno, who was quick to tell me that he sleeps well every night, and denies claims routinely when his “biomechanic expert” tells him that there is a “statistically low chance of anyone being hurt.” Mr. Mareno said this without ever looking at Richard’s medical records. Instead of doing what California law requires — and paying for the medical treatment — Nationwide’s “Director” laughed. When I raised the issue of discrimination against people who are overweight, he hung up.

By the way, we are only talking of $2,700 in ER bills and x-ray charges, not a lot. Is there a message here from Nationwide Insurance for the 65 percent of Americans who are overweight and the 25 percent who are significantly overweight? The impression I get is that Nationwide can be seen as engaging in discrimination and in using questionable science to justify denying legitimate claims. While I am not overweight, if I were, seeing how they are treating this completely innocent man and his daughter, this is the last insurance company on earth I would ever want to insure my car.

There is something frightening about the way Nationwide approaches these cases. Regardless of the fact that you are actually injured, by using a paid-to-help-us-deny claims bio-mechanic “expert” their adjusters and management engage in the worst kind of discrimination; against people who are hurt, but who “just shouldn’t ever be hurt.”

So now Richard must go to Small Claims Court and sue the owner and driver of the car that caused the accident, resulting in a potential bad credit mark for them. Nationwide needs to change its motto. “We will get you sued!” seems much more fitting.

Over the years I have met and spoken with many responsible and decent claims adjusters working for Nationwide. I am sure there are many who still remain with the company. I’d just like to know where they are.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Does Nationwide Insurance discriminate against the overweight? appeared first on Dennis Beaver.

Slowing down, about to stop for a red light, perhaps doing one or two miles an hour, Patricia’s 2007 Toyota Camary was rear-ended in December 2011, leaving “the rear bumper scratched and pushed in slightly,” her email to You and the Law stated.

“While the damage wasn’t all that visible — repair charges only $710 — my daughter and I did feel a ‘jolt’ and I noticed an odd tingling in my right arm along with very slight discomfort in my lower back. That is why we saw our chiropractor, just to be checked out. He immediately referred us to an attorney friend.”

Now, let’s fast forward to June of 2012. This incredibly minor auto accident has generated close to $60,000 in chiropractic, physical therapy, MRIs and expensive “pain management” M.D. treatment bills. It was simply an insurance scam, taking advantage of trusting patients.

“We had never been in anything like this before,” Patricia told us, “and now realize that the doctors and our lawyer were having us going through all of these procedures just to run up a huge bill. We feel so bad, because our lack of knowledge helped them!”

Of course, it’s bad enough realizing you have simply been a money-making tool for unethical health care professionals and the lawyer they work with. As you’ll see in a moment, what Patricia and her daughter didn’t know at the time was the damage this incident may yet cause them, years from now.

‘No concern for the patient’s best interest’

“This happens all over the country, and your reader fits the pattern of the perfect victim who is in an extremely minor auto accident with little or no property damage or injury,” states Frank Scafidi, spokesman for the Des Plaines, Ill.-based National Insurance Crime Bureau.

“We want the public to be aware of what an insurance scam looks like, how greedy people in the health care and legal professions find their victims, to realize this is a fight over money and not what is in the best interests of the patient/client. Also, it is so important to understand the risks faced personally by being associated with insurance fraud,” Scafidi states.

“It’s the auto accident with little or virtually no property damage and injury that invites fraudulent claims. You need to use common sense and good judgment, and listen to that little voice which tells you things are not right.”

Scafidi outlined some of the red flags:

1) You have a minor accident and are approached at the scene, or later contacted, and urged to see a certain doctor or lawyer. This is a huge red flag and the first step in what we refer to as “engineered fraud,” where you become a portal through which excessive and unnecessary treatment begins.

2) There is a well-established connection between property damage and bodily injury. If you are in a truly minor accident and basically feel fine and yet are being referred to specialists and scheduled for expensive tests and treatment, something is wrong.

3) If you are encouraged to continue treatment as a way to get a higher insurance settlement, this is trouble with a capital “T.” There is a distinction between a person who has been victimized and one who is part of the fraud. You could face prosecution if you are a knowing player.

4) We know real claimants get caught up in these things and do what they are told to do. If and when at some point things do not seem right, just out of self-protection, make an inquiry. Speak with your own insurance agent or claims adjuster.

Finally, if you think you may be the victim of insurance fraud,  please call our hot line — 800-635-6422 or TEL-NICB. Also, look at our website: www.nicb.org.

Patricia now has a C.L.U.E.

Patricia and her daughter are facing long-term consequences from being involved in what is clearly insurance fraud, even though it would certainly appear they are innocent of any wrongdoing.

Their names are in a national database known as the Comprehensive Loss Underwriting Exchange. This is the 500-pound gorilla of personal information — claims history — used by insurance companies to “reduce risk and liability by assisting the underwriter in predicting future claims,” as its website states.

CLUE takes a seven-year look backwards at accident claims, with information submitted to it from insurance companies all over the country. On the condition that we not reveal her name, one fraud investigator for a major auto insurance company told You and the Law that someone in Patricia’s situation “will be looked at like ‘The Boy Who Cried Wolf.’

All it takes is one highly questionable claim for a later accident — even a real accident — to be seen in a very different light.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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We’ve all seen the excellent University of Farmers Insurance commercials featuring a lovable, yet gruff Professor Nathaniel Burke, played by character actor J.K. Simmons. The professor adds humor and a touch of sarcasm to questions he asks “agents-in-training.”

Today, it is our pleasure to welcome readers to a lecture conducted by “Professor” H. Dennis Beaver from the University of Beaverland, and we begin with a series of questions followed by an email from Patricia, a reader who felt something was strange about her auto accident case.

1) How bad a rear-end accident was it?

2) If you looked at her car, what would you expect to see?

3) Roughly, what would repair costs run if the car could be repaired, or was it a “total”?

‘My lawyer called me in a panic’

“My daughter and myself have just finished treatment for an accident we had in December 2011. Our lawyer just called me in a panic, explaining that the driver who caused the accident only has bodily injury liability coverage of $25,000 per person or $50,000 per occurrence, but my medical bills are $35,000, and my daughter’s total is $24,000.

“Even though this exceeds the maximum of what insurance would pay, he said that we would receive $1,000 each and wants us to come into his office and pick up the check. He also wants us to now tell the doctors to bill our health insurance, but has assured us that we will not be responsible for any unpaid medical bills because he claims to have a very good relationship with the doctors he sent us to.

“All of us are insured by the same company. When I contacted my claims adjuster and told him our lawyer’s comments about coverage limits and getting only $1,000,  his tone of voice communicated that something was very wrong.

“I never authorized settlement of the case and have not signed a release nor have I seen a settlement check. I’m not sure what to think or to do next.”

‘They told me I needed all of these treatments’

“Following the accident, my right arm had a strange ache and a tingling sensation. My lower back was a bit tender, but overall I did not have much discomfort. To be checked out, I went to a chiropractor, but he told me that I did have neck and lower back injuries, needed treatment and should hire his attorney friend, which I did immediately. After two months with the chiropractor, my lawyer sent me to a pain management physician.

“From March to June 2012, I used up all of my overtime and sick pay because the doctors told me I had to have these chiropractic adjustments, ultrasound, several expensive MRI and X-ray studies, painful nerve conduction tests, epidural injections and on and on.

“My bill came to over $33,000, and $25,000 for my adult daughter who had almost identical treatments. Neither of us had ever hired a lawyer before, and we just did what we were told to do,” our reader explained.

“In looking back, something just didn’t seem right. We wondered if all of these doctor visits, X-rays and tests were really necessary. But we had never been through anything like this before, and honestly didn’t know what to expect, but now feel that we were just a way for them to run up a huge bill.”

Experts in insurance fraud would agree with Patricia.

The clue that something is wrong

“At some point, the client is being pushed in a direction that she does not like. This is a clue to stop and take a breath. Ask yourself, ‘Is this something that really needs treatment? Or am I being used as a moneymaker for others?’” says Frank Scafidi, director of public affairs for the National Insurance Crime Bureau based in Des Plaines, Ill.

“There is a correlation between property damage and bodily injury. Photographs of damaged vehicles are admissible in most courts where the reality or extent of injuries are questioned. If you are in an accident where there is no, or virtually no property damage, and a health care professional says, ‘Hold on, let me send you to this law firm because they specialize in accidents and will take care of you,’ right there and then, things are bad,” warns Scafidi.

So, what was the property damage to our reader’s 2007 Toyota Camry?

“The rear bumper had a scratch and was pushed in slightly. They gave me $710 to fix it,” Patricia told us.

A trusting patient and client had been sucked into an insurance scam, unaware of the warning signs or how, in the future, she could easily be seen as “the boy who cried wolf.” We’ll explain why next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Don’t become a victim of an insurance scam appeared first on Dennis Beaver.

“In June of 2021 you had an hysterical article about a parking lot accident at a Jack in the Box in St. Louis, Missouri that involved a cast of characters suitable for Saturday Night Live,” began an email from ‘Eddie,’ a retired insurance claims manager on the East Coast.

“It involved the owner of a driving school who, without looking, backed out of a parking spot and into a car owned by a 21 year-old university student. The driving instructor admitted fault, but my former employer jerked this poor girl around for months.

“Your story provided great consumer education on how an insurance company should not act, and has circulated widely among my former colleagues who are embarrassed by what happened.

“You indicated that the student was going to sue the driving instructor in Small Claims Court for property damage and promised to keep us informed. What was the final outcome?”

The Company that Gets You Sued!

To recap, university student Allison Ashbrook was offered $1,700 by the insurance company to total her car, which had a present day value of close to $5,000. Claims adjuster Ahron Espino sent her a letter stating that she was 25% responsible, for “inattention and failing to take evasive action,” even though their insured admitted fault.

Strangely, Espino referred to California insurance regulations, even though the accident happened 2,000 miles away, in Missouri! This led to Allison finding my column and contacting me.

I left voice mails for the driving instructor, Patrick Gilfoy, urging him to get his lawyer involved and tell the insurer to get the matter settled so that he isn’t sued. Apparently, that never happened.

Off to Small Claims Court

If I cause an accident, my insurance company is obligated to settle the claim–or at least try in good faith – so that I do not wind up in court. Especially if I own a driving school it doesn’t look too good for me to be sued for causing an accident, does it? Do you think the insurance company cared about Patrick’s reputation as the owner of a driving school and its instructor?

Allison filed suit in Small Claims Court along with a complaint to the Missouri Department of Insurance. They contacted the insurer, and guess what? She gets a letter saying, “We have reconsidered and you are zero percent at fault!”

Don’t confuse me with the Facts Just Dismiss Your Suit!

Even though the insurance company admitted their insured was 100% at fault, Allison receives a letter from Gilfoy’s lawyer, Theodore G. Hughes – who works for a law firm that represents the insurance company: “Patrick denies all claims in the filing of the small claims, and would like to be dismissed.”

“He also phoned, was condescending, and did not offer to compensate me at all! (At least he is consistent, hanging up on me when I tried to discuss the case.) But in court, he admitted the accident was not my fault and says that I should only be awarded $2,300 if I keep my car.”

The Small Claims Court judge awarded her $4,300 plus court costs. But the insurance company refused to pay her! “Finally, I located their corporate responsibility person in Missouri and sent her a copy of the judgment. I received their check a few days later.”

Breached Their Duty to Patrick

St. Louis attorney, Cassie Bulgaski, who handles insurance bad faith cases, was happy that Allison finally got paid, and has observations about this case that anyone who has auto insurance needs to be aware of.

“The (company) lawyer was hired to represent the best interests of his client, the insured, not the best interests of (the company), and this is something that Patrick should be upset about.

“The best interests of his client would have been to pay the young lady so that there was no possibility of a judgment against him. Though (the company) has paid the claim, it’s still going to show up on a credit report and a search of Missouri Case.Net that he had a judgment against him and could potentially cause problems for his business, future customers, etc.

“Shame on (the company) for allowing it to get that far. Shame on them for allowing a low judgment to be entered when it all could have been avoided. They paid an attorney to appear, they should have put the funds spent on counsel to better use and simply paid out the claim. Rather, they were more interested in being litigious.”

What my Reader Gained from this Experience

I asked Allison, “What have you learned from all of this?”

“Insurance companies do not care about the public, regardless of their ads on television. I learned how to assemble my case and put it on. By carrying your column, newspapers are providing a tremendous value to their readers with such helpful information! Thank you, Mr. Beaver.”

Thank you, Allison for contacting me.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How an auto insurance company should not act appeared first on Dennis Beaver.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How do adjusters evaluate auto accident claims? appeared first on Dennis Beaver.