Latest / Brian White Podcast / Insurance Companies Don’t Want You to Know This About Injury Claims

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Insurance Companies Don’t Want You to Know This About Injury Claims · Brian White Podcast

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  Everyone wants to get as much money as
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  possible after a car accident or any
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  kind of an injury claim. From a lawyer,
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  let me tell you what it is. You that
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  they will be honest with you about how
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  much insurance that they have. But if
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  you have a lawyer that knows what
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  they're doing, you can go find more
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  insurance in over 50% of the cases.
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  Because insurance companies are
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  for-profit businesses.
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  >> You kidding me, Kenai?
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  >> Ooh, auto accident? You better call
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  attorney Brian White.
• 0:28
  >> Who's Brian White?
• 0:29
  >> Llame al abogado Brian Blanco.
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  >> Better than just a law license, he's
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  board certified.
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  >> Solo el 3% de los abogados de Texas son
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  certificados por la barra de abogados.
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  >> You've been in an accident, so call
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  attorney Brian White.
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  Go to attorneybrianwhite.com
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  and set up your free consultation today.
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  >> Welcome to the Brian White Podcast.
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  [music] Thanks for tuning in.
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  >> Welcome to the Brian White Podcast,
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  where you not only get Brian, but you
• 0:59
  also get a podcast.
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  So, come along with us, with me
• 1:05
  actually, for the next 30 minutes of the
• 1:07
  most riveting podcast that you've ever
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  heard in the last 30 minutes.
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  >> All right, so we want to know a little
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  bit about insurance companies. Why do
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  insurance companies fight valid claims?
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  >> Okay.
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  So, everyone wants to get as much money
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  as possible after a car accident or any
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  kind of an injury claim. How do I get
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  more money? Well, the thing is is that
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  insurance companies will fight a valid
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  claim. And the reason why they fight
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  valid claims is because they are
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  for-profit businesses. So, in other
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  words, they want to make as much money
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  as possible as well. They charge as much
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  as they can for the premium, but then
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  when it comes time to paying a claim,
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  they want to pay as little as possible.
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  So, their business model is literally to
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  try to pay as little as possible on
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  every single claim. And that is why
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  we have an industry of personal injury
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  lawyers just like me, attorney Brian
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  White.
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  >> So, what's the biggest misconception
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  people have about insurance after a
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  truck accident?
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  >> Ah, after a truck accident, what is the
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  biggest misconception that people have
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  after a truck accident? From a lawyer,
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  let me tell you what it is. Is that they
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  will tell you that they will be honest
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  with you about how much insurance that
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  they have.
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  We have found that trucking companies
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  hide their insurance policies. They'll
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  tell you about one policy, but not about
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  the other layers. In fact, they will
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  tell you over the phone, they'll promise
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  up and down that they don't have any
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  more coverage.
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  But if you have a lawyer that knows what
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  they're doing, you can go find more
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  insurance in over 50% of the cases.
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  >> Are insurance adjusters trained to save
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  the company money?
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  >> Insurance adjusters
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  are trained to adjust a claim. And what
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  do you think that means? That means
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  adjust the value of the claim down
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  because insurance companies are
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  for-profit businesses. So, they're
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  trained to reduce the value of a claim.
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  That's what they do all day long every
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  single day.
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  >> What are some common tactics insurance
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  companies use to reduce payouts?
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  >> Common tactics that insurance companies
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  do to reduce payouts, well, first off,
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  um, they'll tell you that you don't need
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  to have an attorney.
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  Or they'll say, "Hey, listen. I'm just
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  going to record this phone call and get
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  a recorded statement from you so that I
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  can find out what happened." Guys, um,
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  if they have to record the phone call,
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  the only reason they're recording it is
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  so they can use it against you. If they
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  just needed to get information, they
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  could just ask you for information. And
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  of course, they are trained to ask
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  questions that will gut your case during
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  that phone call.
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  >> So, why do insurance companies make
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  quick settlement offers?
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  >> Insurance companies make quick
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  settlement offers after car accidents.
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  It's called swoop and settle. So,
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  commonly what they'll do is they'll
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  offer someone, you know, $1,500 or
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  something to settle out their case, and
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  they'll make it seem like it's
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  out of convenience. But really what it
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  is is it's so that they can save money.
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  Because they know that there's a high
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  probability that the person is going to
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  incur more medical bills into the
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  future. So, they want to get out of
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  paying those medical bills. So, what
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  they do of course is they swoop and
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  settle. And then what happens is that my
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  office gets calls from people, and it
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  happens all the time, and they say, "I
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  already signed something, but I have to
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  go back to the doctor, or even I need a
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  surgery. Can I go back to the insurance
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  company and get more money?" And the
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  answer is no, you already settled your
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  case. So, be very careful before you
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  sign anything after a car accident.
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  >> Can insurance companies use your own
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  social media against you?
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  >> So,
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  I want for everyone to understand that
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  car insurance companies will be looking
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  at your social media immediately after
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  your car wreck.
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  Their whole objective is to make profit,
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  and half of that equation is to pay as
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  little as they can for claims. You are
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  literally giving them stuff for free by
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  posting stuff on social media after your
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  car accident. So, even if you're posting
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  something where you're not like carrying
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  things or whatever, but it's a picture
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  of you,
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  um,
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  you know, standing there and you're in
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  no apparent sign of pain, then they can
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  use that against you.
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  Um, and they will use it against you.
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  Um, and so,
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  um, what I would recommend is if you're
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  in a car accident, you got to shift your
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  social media strategy because I've
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  already
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  said, "Okay, I I don't think people are
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  going to stop posting." That's just
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  where we are now, you know, for some
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  period of time it was like, um,
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  we would tell people,
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  "Do not post anything after your car
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  wreck." But people would still continue
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  to post. And the reason why is because
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  most people just have to. They just They
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  can't stop posting.
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  So, now what we say is if you've been in
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  a car accident, shift your posting
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  strategy to now you're a foodie or now
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  you're the guy that likes, you know, the
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  gardens or whatever. It's pictures of
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  other things so that you're not creating
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  evidence for the car insurance company
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  to screw you over with.
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  >> What's something insurance companies
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  hope accident victims never learn?
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  >> Um, well, insurance companies hope that
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  accident victims never learn how
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  important it is to hire the right
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  attorney.
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  Um, so, every case is worth whatever a
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  jury would award on a case, right? And
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  so, a lot of lawyers
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  wouldn't even go to the courtroom. So,
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  therefore, insurance companies know that
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  those cases they can do almost whatever
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  they want. And then there's a percentage
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  of attorneys that will go to the
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  courtroom, but what you have to have is
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  one that has a lot of experience. So,
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  one thing that people should understand
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  that if you're in a car accident, you
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  should get a board certified personal
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  injury lawyer, which means that they've
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  been to the courtroom
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  um many, many, many times.
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  >> And of course, go with Brent White.
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  >> With I mean, yes, I am
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  board certified because
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  um I really like going to the courtroom.
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  It's my favorite part of my job.
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  >> Well, let's change the subject a little
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  bit. Let's talk about what's the same
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  thing. Let's talk about tort reform.
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  >> Tort reform. Oh, tort reform.
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  >> Yes. What is tort reform in plain
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  English?
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  >> Some people have heard of tort reform.
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  Some people have an understanding of it.
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  So, I'll kind of like start from like
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  the beginning, okay?
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  Tort reform is an effort to reduce um
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  lawsuits and reduce the access to a jury
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  trial. And then, if you have a lawsuit,
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  put obstacles in the way of recovering
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  um
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  sums of money. It's characterized as
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  a pro-
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  business thing. So, you know, small
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  businesses, one of the costs that that
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  they have is of course insurance.
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  So, if there's a bunch of lawsuits out
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  there,
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  um then, you know, it could raise
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  insurance rates, therefore hurting small
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  businesses, okay? And so, um tort reform
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  um the the party that has the
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  most to gain from it, though, are
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  insurance companies because they want to
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  charge as much premium as possible, but
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  pay out as little as possible. So, if
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  they can change the law, then they just
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  make more profit, okay?
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  So, here's number one about tort reform.
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  It does not reduce insurance.
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  Um
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  that's that's the that's the scam. It's
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  an insurance scam. They sell it to
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  people. They say, "Hey, let us take away
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  your rights and we'll reduce insurance.
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  Um, and it does not reduce insurance.
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  They continue charging the same thing,
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  okay? Here's the other thing that's very
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  important about tort reform.
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  Let's say that, um,
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  tort reform, you know, as it has passed
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  in other states, and even here
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  in the state of Texas,
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  becomes harder for you to recover after
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  an accident. One of the things that we
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  recover, of course, are for medical
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  bills, right? Well, tort reform, what
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  they do is they pick on little things,
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  and they're like saying, "Well, you
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  can't get reimbursed for any of your
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  medical care if the cost of that care is
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  higher than the Medicare rate."
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  Okay?
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  Okay, so now you're in a car crash, you
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  didn't go to some
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  doctor that only takes Medicare. He
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  actually charges you more, just like
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  most doctors do.
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  Um,
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  so what So, what happens with that bill
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  now? Um, because tort reform says you
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  can't get reimbursed from the insurance
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  company anymore for that. Well, now you
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  have to pay for it out of your pocket.
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  Or if you don't have to pay for it Or,
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  you know, it could be the clinic that
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  just eats it.
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  Or, let's say that
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  it's a bill that was paid by Medicare.
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  Okay? This is
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  very important. Everyone should
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  understand this.
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  If you're in an accident,
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  the party that stands to make the most
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  money
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  from a case
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  is the taxpayer.
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  The taxpayer, because
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  the very first person that gets paid
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  back is the government. So, if you're
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  hurt, and you use Medicare, Medicaid,
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  any of those kind of services, they get
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  paid back first.
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  So, every time that you hear anyone
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  saying tort reform is good, I want you
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  to understand that means it's going to
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  raise your taxes.
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  Who's going to pay for it?
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  It's going to come through taxes. So,
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  insurance companies are literally lying
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  about what the benefits are because it's
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  not going to bring down
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  insurance rates, but it is going to
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  cause the tax burden and the biggest one
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  that we have out there right now is
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  Medicare. It's going to cause it to get
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  even worse.
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  >> So, what types of cases have been
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  affected by the most
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  by tort reform?
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  >> Here in the state of Texas, we en-
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  enacted all sorts of
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  tort reform over the years. We We
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  already have quite a bit, okay? Um
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  so, it's it's already, you know, believe
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  it or not, um
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  very
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  restrictive and hard to recover in any
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  kind of a case here. Um because
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  basically, the lobbyists have done a
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  very good job in convincing people that,
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  you know, we're bad, um the poor
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  insurance company. And I can tell you
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  more about that, too.
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  >> What types of cases have been affected
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  the most by tort reform?
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  >> Oh, what types of cases have been
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  affected the most by tort reform? Um
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  here in Texas,
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  the biggest one would be medical
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  malpractice, although there's been tort
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  reform across the board in every area of
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  accident cases that make it harder for
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  people to recover
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  fully and fairly if they've been in in
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  an accident. All kinds of
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  things that are just kind of crazy, you
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  know, honestly. Um but the one that was
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  the first one that that really hit was
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  medical malpractice. And that one I sort
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  of segregate that from the rest of them.
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  Medical malpractice cases dramatically
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  went down, in fact, really down now. Um
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  they put in a cap for non-economic
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  damages of $250,000.
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  Um so, basically, if you are a person
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  and you don't earn any money
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  and uh
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  you don't have any future medicals from
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  from what happened
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  then the most that you could recover
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  would be $250,000, okay? So, let's say
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  that a doctor shows up drunk
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  and kills a baby.
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  The most that baby would ever be able or
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  the parents would be able to recover
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  would be $250,000.
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  So
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  that was set in I believe it was 2008
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  or something like that. I can't It's
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  been a while now. But
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  $250,000 cap was set and it does not
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  increase over time. So, every year it
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  becomes worth less and less and less.
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  >> What misconceptions do people have about
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  lawsuits because of tort reform?
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  >> What misconceptions do people have about
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  lawsuits because of tort reform? Okay.
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  Well, the tort reform folks, they always
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  talk about the lawyers. They always say
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  the greedy lawyers, right? You know. And
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  um it is true that we get paid um a
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  percentage of what we recover for
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  people. So, the more that we get paid
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  that that means the more that our client
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  got paid. But, let's let's talk about
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  something that they don't tell you
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  about. What is our role? Um so, we live
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  in a capitalist country, right? And in
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  capitalism,
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  um
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  you know, the the party who's
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  responsible for the harm is the one who
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  should be paying in in a private system,
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  right? Well, in a communist country or
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  various
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  socialist countries, they don't have
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  these kinds of lawyers. And the reason
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  why is because if you're in an accident,
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  the government pays you benefits. You
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  know, you you already get your benefits
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  from
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  and good luck with that. You know,
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  you're not going to get compensated. So,
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  literally, people um who hate us
• 15:49
  are not understanding that we're sort of
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  like
• 15:52
  helping capitalism. It's like the safety
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  valve of capitalism and making sure that
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  the private market
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  takes care of it instead of the state or
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  the government.
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  >> How has the insurance industry shaped
• 16:07
  public opinion about lawsuits?
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  >> So, the insurance um industry is very
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  powerful and they have a whole bunch of
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  lobbyists and they have been working
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  ever since I can remember, since I was a
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  kid, um
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  talking about, you know, lawyers bad,
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  lawsuits bad, and there's a whole bunch
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  of frivolous cases out there.
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  Um but, let me tell you, um there are
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  not a lot of frivolous cases out there.
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  Um and the reason why is because
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  we do not get paid a dollar if we lose
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  our case, okay? We only get paid a
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  percentage if we win.
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  I have absolutely zero incentive to take
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  on a frivolous case.
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  That's the first thing. Number two is I
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  have to spend money on that case. So,
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  not only could I not get paid for my
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  time, but I'm going to invest money into
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  it. And number three is because
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  people can see a frivolous case 10 miles
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  away.
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  The judge will throw it out, and if by
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  some miracle
• 17:17
  you make it to the jury of 12 people
• 17:21
  they will understand that your case is
• 17:23
  frivolous within the first two minutes,
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  okay? It is not the big threat that
• 17:29
  people make it out to be. I understand
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  it's bad and there is no one that hates
• 17:36
  frivolous cases worse than us because
• 17:39
  we're constantly like accused of doing
• 17:42
  it. And but we're actually out here
• 17:44
  trying to help people. Um so that's one
• 17:48
  thing I want people to know.
• 17:49
  >> Where did the idea that everyone is
• 17:51
  lawsuit happy come from?
• 17:54
  >> The idea that everyone is
• 17:56
  lawsuit happy came from insurance um
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  industry lobby um because they knew that
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  if they could turn the public perception
• 18:06
  against lawyers then they could change
• 18:09
  the rules on how they have to pay out
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  claims and therefore they could make
• 18:14
  more profit.
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  And if you're a shareholder in an
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  insurance company, well that's I guess
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  good for you.
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  >> So do large insurance companies spend
• 18:25
  money influencing legislation or public
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  opinion?
• 18:28
  >> Um
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  large insurance companies spend a ton of
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  money
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  lobbying
• 18:36
  Congress people
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  um on both sides. Let me tell you it's
• 18:40
  um typically kind of been a partisan
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  kind of issue.
• 18:45
  But I believe um here in the state of
• 18:46
  Texas that um people are finally
• 18:49
  starting to wake up and understand this
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  this isn't really a partisan issue. You
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  know, they were always and people were
• 18:57
  always viewing attorneys as always kind
• 18:59
  of like being in one party.
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  Guess what? Us attorneys are on are on
• 19:05
  you know both sides all all different
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  parties. The
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  issue is not a partisan one. It's It's
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  an issue of, you know, essentially
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  capitalism
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  versus people wanting more of like a
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  socialistic system where
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  uh they want the government to pay the
• 19:24
  benefits instead of people being able to
• 19:28
  go through the court system and making
• 19:30
  the private system pay the benefits.
• 19:33
  >> What are some myths about personal
• 19:35
  injury lawyers that just aren't true?
• 19:38
  >> Well, I mean
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  What are some myths about personal
• 19:42
  injury lawyers that aren't true? Well,
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  I'll tell you some that are true uh cuz
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  I don't know the ones that aren't true.
• 19:49
  What are some myths that are true?
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  Number one is
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  that we get very
• 19:57
  frazzled after a day of work and
• 19:59
  sometimes we go home and it takes a
• 20:01
  little while for us to
• 20:03
  return to normal. Because you're you're
• 20:05
  at work you know, all day long and you
• 20:08
  have so many clients and in every single
• 20:11
  client there's a case
• 20:13
  and that means that there's an attorney
• 20:15
  on the other side of you hoping and
• 20:17
  trying to make you lose. And sometimes
• 20:19
  there's even a judge that's hoping and
• 20:21
  trying to make you lose. Um so you're in
• 20:24
  this battle and every single one of
• 20:26
  those battle
• 20:28
  is the most important thing that's
• 20:30
  happening in that particular
• 20:33
  client's
• 20:34
  life. So every day you're going home and
• 20:38
  you know, it takes a minute uh
• 20:39
  to get over that. A lot of lawyers um
• 20:43
  you know,
• 20:44
  they go home and they drink um because
• 20:47
  they want to turn off their brain, you
• 20:49
  know, and then I don't even think it's
• 20:50
  conscious. I you know, I think that they
• 20:53
  do it a few times and then
• 20:55
  subconsciously their brain starts to
• 20:57
  understand hey, wait a minute, you know,
• 20:59
  I didn't think about, you know, the 50
• 21:01
  cases. I you know, didn't think about
• 21:03
  anything for a little while. So before
• 21:06
  you know it, you know, they're on their
• 21:09
  way home and before they even get home,
• 21:10
  they're thinking about that drink.
• 21:12
  And they but they think, I'm just going
• 21:13
  to have one drink. Um
• 21:15
  and then one turns to three and then
• 21:17
  over, you know, like a year or 6 months
• 21:19
  or whatever,
• 21:20
  um they're drinking multiple drinks
• 21:24
  every single night.
• 21:25
  And the reason why is because they're
• 21:27
  they're trying to escape from the
• 21:29
  pressure cooker, right? And I I I think
• 21:32
  there's the kind of people that
• 21:35
  are more
• 21:37
  susceptible
• 21:38
  uh to that than than others. And so
• 21:41
  you'll
• 21:42
  hear people
• 21:44
  talking about it and they'll say that
• 21:46
  they quit, that they don't have to drink
• 21:47
  anymore, or that they can't drink
• 21:49
  anymore.
• 21:50
  And and that's great.
• 21:52
  You know, I'm not one of those people. I
• 21:54
  actually I I barely drink. There was a
• 21:56
  time,
• 21:58
  you know, a while when I like to drink
• 22:00
  more, um but now I'm just I what I
• 22:04
  really hate are um
• 22:06
  hangovers and like I hate to feel bad.
• 22:09
  So, I don't really do it, but um
• 22:12
  I would say that it is not a myth that a
• 22:15
  lot of lawyers drink a lot of alcohol.
• 22:18
  >> Are insurance companies the real reason
• 22:20
  lawsuits exist?
• 22:22
  >> Insurance companies are the real reason
• 22:24
  why lawsuits exist. And the reason why
• 22:27
  is because they fight claims. So,
• 22:29
  unfortunately, you have to take it out
• 22:31
  of their hand and go put it into the
• 22:32
  courtroom.
• 22:34
  >> If insurance companies paid fair claims,
• 22:37
  would most lawsuits disappear?
• 22:39
  >> If insurance company paid fairly on
• 22:42
  claims,
• 22:43
  lawsuits would disappear overnight. I
• 22:45
  mean, there'd be no reason. The reason
• 22:47
  why you have to file a lawsuit is
• 22:49
  because the dang insurance company won't
• 22:51
  give you a fair offer, giving you no
• 22:54
  other choice.
• 22:55
  >> Has tort reform gone too far?
• 22:58
  >> Tort reform has already gone too far in
• 23:01
  almost every state in our country. You
• 23:03
  know, everyone has a constitutional
• 23:05
  right to a trial by jury, but what they
• 23:07
  do is they they try to say, "Well, but
• 23:09
  you can't do this. You can't do that.
• 23:10
  You can't get reimbursed for this."
• 23:12
  Guys, it is an insurance scam. It's
• 23:15
  already gone too far.
• 23:16
  >> Should insurance companies have to
• 23:17
  publicly justify low settlement offers?
• 23:22
  >> Ooh, that's a really good question.
• 23:23
  Should insurance companies have to
• 23:25
  publicly justify a low settlement offer?
• 23:28
  Absolutely. I mean, if we get a big
• 23:31
  verdict, let's say that we have a case
• 23:34
  and they screw up the case and that
• 23:37
  forces us to go try the case and we get
• 23:39
  a giant verdict because the person was
• 23:41
  really hurt. You know what? We have to
• 23:43
  justify it. We We have to tell people
• 23:44
  the guy was really hurt. He did it all.
• 23:46
  I think insurance companies should have
• 23:49
  to explain to the public when they try
• 23:51
  to nickel-and-dime people. That yes,
• 23:54
  that sounds fair.
• 23:55
  >> What's one law in Texas you'd change
• 23:57
  tomorrow to better protect accident
• 23:59
  victims?
• 24:00
  >> One law in Texas that I would change
• 24:02
  tomorrow to better protect accident
• 24:04
  victims is I would for recorded
• 24:07
  statements when the insurance company
• 24:08
  calls you, I would do something like a
• 24:11
  Miranda warning where they have to tell
• 24:14
  you first that you don't have to do this
• 24:16
  and that they could use it against you.
• 24:19
  >> What's the biggest lie Americans believe
• 24:21
  about personal injury lawsuits?
• 24:23
  >> The biggest lie that people believe
• 24:26
  about personal injury lawsuits is that
• 24:29
  it's like
• 24:30
  free money. That basically you can file
• 24:32
  a lawsuit and then out comes money from
• 24:35
  the other side.
• 24:37
  Believe me, that ain't the truth. It's a
• 24:38
  lot of work and you have to have a
• 24:40
  righteous case.
• 24:41
  >> If you could expose one insurance
• 24:43
  industry secret, what would it be?
• 24:46
  >> If I could expose one insurance industry
• 24:48
  secret, it would be that they do not
• 24:52
  want people to hire an attorney.
• 24:55
  And the reason why is because they know
• 24:57
  that if people hire an attorney that
• 25:00
  they're going to end up paying three,
• 25:02
  five, 10 times more on a claim.
• 25:04
  >> What's the question no one ever asked
• 25:06
  you that they absolutely should?
• 25:09
  >> What is the question that no one ever
• 25:11
  asks me that they absolutely should?
• 25:14
  Well, I I think it's how are you doing,
• 25:17
  Brian?
• 25:18
  Um but I mean, honestly, I mean, if they
• 25:21
  did ask you that, that would be an
• 25:22
  insightful question. Before you hire a
• 25:24
  professional on a case that you're going
• 25:26
  to be spending maybe like a year on,
• 25:28
  you might want to ask how are they doing
• 25:30
  because if they're like, "Well,
• 25:32
  things aren't so good right now. I've
• 25:33
  got problems with alcohol and going
• 25:35
  through a divorce." You might want to
• 25:37
  know that up front. So, I mean, I think
• 25:39
  that would be a good question to ask.
• 25:41
  Which by the way, those things are not
• 25:42
  true with me.
• 25:43
  >> [laughter]
• 25:44
  >> Okay, so that's a wrap on this episode
• 25:47
  of the podcast. I want to sincerely
• 25:49
  thank the 16 people that might watch
• 25:51
  this and um welcome you to continue
• 25:54
  watching where who knows what might
• 25:57
  happen next.
• 25:58
  Check in.
• 26:00
  Tune in to find out. And do it right.
• 26:02
  Get Brian White.
• 26:03
  >> Thanks for tuning in to the Brian White
• 26:04
  Podcast. [music] Don't forget to like,
• 26:06
  share, and subscribe, and hit that
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