We File Lawsuits Because We Have To.
I don’t want to sue because I’m not “one of those people”.
Most people have been brainwashed into believing that anyone who files a lawsuit or a workers’ compensation claim is someone who is taking advantage of the system. In today’s blog I will explain why this is simply not true. Persuading you to not file a lawsuit is all a marketing fallacy promoted by the high-risk insurance industry to keep claims down. The insurance companies insuring high-risk people and businesses do not want you to hold the people they insure responsible by making them pay.
WHO REALLY IS TAKING ADVANTAGE OF ‘THE SYSTEM’ BY FILING A LAWSUIT?
I have heard this statement spoken in my office more times than I care to count. If I had a $100.00 every time it was said I would not be writing this column. [Well, maybe I still would but just because I like what I do.] But you get my point. A lot, and I mean A LOT of people say this because they believe those filing lawsuits are somehow taking advantage of the system.
In fact quite the opposite is true. Those who do not file a lawsuit are the one’s taking advantage of the rest of us.
WHAT WE CAN ALL BELIEVE ABOUT LAWSUITS
Here is the premise we can all believe in. No one likes to sue. No one likes to file a workers’ compensation claim. No one likes paying insurance premiums and no one wants to be injured by someone else’s stupid mistakes or belief that following the rules of the road do not apply to them.
We can all buy into this premise.
ARE WE ALL ‘ONE OF THOSE PEOPLE’ THAT DON'T BELIEVE IN LAWSUITS?
No one wants to file suit. No one wants to be seen as ‘one of those people’. I get that. But getting it, does not mean I agree with it. And it certainly does not mean you understand just how wrong you are when you say it. That is because, filing a workers’ compensation claim or a lawsuit to recover compensation is not really your choice. And filing one does not make you “one of those people”.
WHY WE FILE LAWSUITS
You see, the insurance policies covering you have subrogation provisions. A subrogation provision is a clause in the policy that says if someone else is responsible for your injuries or responsible to pay for your medical expenses caused by their actions and you can recover from them, then you will do what is necessary to recover the costs paid out by your insurance company.
Allow me to simplify this.
SHALL WE TRY AN ANALOGY?
Let us say a friend of yours wants to borrow $100.00 from you. For whatever reason he is short $100.00 and cannot buy prescription medicine. You do not have a hundred so you ask me to lend it to you and when I do you lend it to him. So now you owe me $100.00 and he owes you $100.00
For this example why he borrowed it does not matter, but for whatever reason, he never seems to pay you back even though he has money to go on vacations and to buy a new truck. And until he repays you cannot repay me.
We are good friends and it seems only right that he repay you so you can repay me and we can stay friends.
YOU AGREE TO REPAY ME FROM THE MONEY HE OWES TO YOU
A day will come when you say to me, “Go ahead and sue him, I will assign my rights in the oral agreement (contract) he and I have to you, allowing you to sue him.” That is essentially subrogation and it is why you are not “one of those people”.
- In this example I am your insurance company.
- You are the person injured though someone else’s fault.
- And your friend is the at-fault party.
THE INSURANCE POLICIY INCUDES A SUBROGATION PROVISION
Collecting from the at-fault party is a matter of the insurance agreement (insurance policy) you have with whichever insurance company paid your medical bills following the accident. It could be Blue Cross Blue Shield, or an auto policy like Progressive, or Liberty Mutual who covers your employer’s workers’ compensation program or even a short-term disability policy from Prudential. They all include subrogation provisions in their insurance contracts and when you participate in their insurance program, or are included and/or take advantage of the benefits of being covered you agree to seek repayment from at-fault parties who may be responsible for the accident.
Essentially the decision is not for you. In workers compensation it helps to keep your employers premiums low.
Suing is the responsible thing to do. Not suing is irresponsible.
And so in conclusion, most people who say they do not want to be “one of those people”, have been brainwashed into believing that anyone who files a lawsuit or a workers’ compensation claim is someone who is taking advantage of the system. It is exactly the opposite. You have no choice and are required to be “one of those people” who the insurance industry and its’ cadre of lawyers who wrote their insurance policies, force you to sue or file a claim. In their minds to do otherwise is irresponsible.
It is just that simple, so get a grip because when you file to use the insurance benefits we are going to file a claim and if necessary, to sue.
Do you find yourself needing to file a lawsuit against an insurance company? Contact me online or feel free to call me directly at 515.222.1110.
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