THREE: CAPTURING ACCIDENT FACTS
"...Photographs of skid marks can be invaluable since
they are enormously helpful in determining fault. They
can be crucial in a personal injury claim because they
will prove the tremendous impact your body was subjected
"...Color photographs of
scarring, swelling, bruising and/or black-and-blue marks
are dynamite additions to your claim. They can be very
dramatic and add substantially to your settlement figure
because they will justify your moving from one of the
"Values" that The BASE Formula has
provided you, to another. You must remember, however,
that the adjuster will not be out there collecting this
evidence for you; it's up to you to do the extra work
of gathering these accident facts so you'll obtain the
maximum settlement possible..."
"...The adjuster may tell you he wants you to be
examined by the doctor of his choice. Beware
of such a request. Doctors assigned by the insurance company
are notorious for finding nothing wrong with the claimant,
and for stating in their medical report that 'there is
no objective basis' for your complaints..."
"...You don't have to agree to be examined by the
insurance company doctor unless your claim becomes a formal
court case. Hold your ground until your attending physician
has released you before you agree to be evaluated by their
company physician. By then, it's too late! So much time
will have passed it will be impossible for their doctor
to negate or even minimize the pain, discomfort and suffering
your injury caused you..."
SIX: BODILY INJURY
"...Whiplash is a convenient way of designating certain
accident facts that produce pain in the cervical area.
The term carries no medical connotation, but there's no
question that a whiplash-type injury can be very painful
and last a long time..." "...It's possible to
be struck a blow that produced very little property damage
to your motor vehicle, yet the impact caused you a whiplash-type
SEVEN: THE INSURANCE ADJUSTER
"...Adjusters are usually assigned a heavy load of
new claims each month. Because of this they are continually
working to close as many files as possible, just to stay
even. They're under pressure to settle your claim - to
get rid of it and move on. Most people aren't
aware of the advantage this holds for them ..."
EIGHT: THE BASE FORMULA
"...The Baldyga Auto Accident Settlement Evaluation
Formula (BASE) is an easy to use four tiered multiplier
with flexible calculations incorporated into its structure.
It's predicated on the knowledge that in the vast majority
of personal injury motor vehicle accident cases, where
the liability is undisputed and the soft-tissue injures
are basically the same, that the settlement value arrived
at (give or take 10% to 20%) is usually two, three or
four times the so-called Special Damages, as detailed
in Chapter 4..."
"...Prudence dictates that
in the evaluation of any bodily injury claim, some latitude
must be built in when determining that figure because
the facts and circumstances of every situation will vary
to some degree. BASE has been constructed to
accommodate these variations..."
NINE: HOW TO NEGOTIATE WITH AN ADJUSTER
"...The first rule of bargaining with the adjuster
is, never lower your demand until the adjuster makes a
counter offer..." "...Most of the time an adjuster's
counter-offer, especially his first one, is negotiable.
Your response should be, "Is that your maximum authority?"
Now you're asking him to bid against himself. You're not
committing yourself to a lower figure than your initial