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To receive our free quarterly newsletter, The Law & You, which we publish as a service to our clients and friends, please click here. The Law & You contains summaries of the law regarding a wide variety of concerns.

So you can get an idea of what The Law & You contains, we reproduce below an article from the current Fall 2004 issue:

FOR THE RECORD

 

A NEW INSURANCE COMPANY TRICK

Insurance companies have invented a new way to shortchange you. We don't want you to get stung by it, so please read what follows very carefully.

What They Say

It all begins when you are injured in an automobile accident. Very soon you receive a call from a "friendly" employee of the insurance company of the driver who injured you. The insurance company employee, being just as nice and pleasant as he or she can be, lets you know that the other driver, the one they insure, was at fault in your accident. Next, the insurance company    employee says something like, "Now we don't want you worrying about money at a time like this. I am prepared to come right over to your home (or hospital room) and give you a check."

"But don't I need to speak with an attorney?" you might ask. To which the insurance company employee might respond, "Oh no, you don't need an attorney because we are willing to pay you right away. Besides, if an attorney gets involved, you will end up with less money." Both of these statements are false.

What They Don't Say

What the insurance company employee does not tell you is that by accepting that check you may be giving up your rights to any further payment for your injuries, medical expenses or lost wages, even if your condition gets worse in the future. They also may not tell you that someone has cleverly written on the back of the check, in fine print, "final settlement of any and all claims arising from bodily injury caused by accident."

It's All Over The Country

In New York, the "good hands people" at Allstate gave an accident victim a check for $15,000.00 with "final settlement" written on the back. When his hospital and medical expenses passed $160,000.00, the accident victim turned to an attorney. But then Allstate argued that by accepting its check, the accident victim had given up his right to sue. In California, a young mother facing years of rehabilitation from the injuries she suffered and tens of thousands of dollars in medical expenses got shortchanged in this way and is currently on her own financially. In the State of Washington, there have been lawsuits against insurance companies charging them with practicing law without a license because they have been advising accident victims to accept these low-ball checks.

Be Careful

IF YOU ARE INJURED IN ANY TYPE OF ACCIDENT, DO NOT SIGN YOUR NAME TO ANYTHING UNTIL YOU HAVE RECEIVED LEGAL ADVICE FROM A QUALIFIED ATTORNEY. We do not want you to end up injured and wiped out financially because you fell for this insurance company trick. If a friend or loved one gets injured, pass this warning along to them as soon as you can.

We're Here To Help

We have years of experience dealing with insurance companies. We will advise you of your legal rights at no charge. So if you or someone you know get injured, please call us. We're here to help.


 

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---- LOSCALZO & LOSCALZO, P.C. - New York's Accident Attorneys for Over 30 Years ----
14 East 4th Street, New York, NY 10012-1155 phone: (800) 505-9080 fax: (212) 533-0067
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