QUESTION: How can I best prepare a case when dealing with a motor vehicle collision?

ANSWER: To best answer this, I always tell my clients one thing and one thing only; insurance companies only know one word and that word is risk.  I say that because the insurance industry after all exists to provide risk management.  Therefore, if you show an insurance company major risk, the insurance company knows they will have an uphill battle if they do not settle with an injured party at or prior to trial.  That being said, the next logical question would be, how do I show an insurance company risk?  To answer this, I always tell clients, to their discontent, the insurance company does not care about you; you are simply a claim number without a name that provides some sort of risk to their bottom line profit.  In order to show risk to an insurance company, it all starts with building your record.  When I send a settlement package to an insurance company, I show them risk by a well prepared, well put together record that shows my client’s history from prior to the accident, throughout the accident, and potential history after the accident.  This shows the insurance company many things but most importantly it tells them a story.  It provides a name and human being behind that claim number which provides even more risk to the insurance company when and if I need to take a case to trial.  Finally, it should be noted that when dealing with insurance companies, it does not have to always be a contentious relationship.  Most of my best victories have been through interacting with insurance agents by making their job easier.  This is done by sticking to the facts, not hiding any information, and preparing all documents for their review in a simple and easy to read manner.

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Alan Spivak
Attorney at Law

2406 Auburn Avenue
Cincinnati, Ohio 45219-2702

O: 513.532.2201
F: 513.672.9200

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