News

Shocking News: Insurance adjuster struck by bus isn’t interested in tort reform.

Posted on Oct 20, 2008

Shocking News: Insurance adjuster struck by bus isn’t interested in tort reform. I had to repeat it. That's just worth hearing all over again.

Have you heard this one before? We need more tort reform! There are too many greedy Plaintiffs using the courts for jackpot justice! Give them nothing! It’s our money!

Okay, now that I’ve got that out of my system, here is what happened in this accident. But, remember this is all "allegedly" nothing yet has been proven. So take it with a grain of salt.

An insurance adjuster with 46 years of experience adjusting claims he was struck by a bus while crossing a busy city street at a cross walk. He’s injured, not fatally, but still seriously.

Can any injury be serious? That’s the question he has to answer. Because I dare say for 46 years his company has been telling him to tell injured plaintiffs no to answer that question. He’s probably argued about that issue in every case or nearly everyone. Okay, probably every one.

And what about the fault of the bus driver that struck him? Is there any failure that can be called negligence under the insurance industries proposed tort reform measures and case handling protocols? If the pedestrian insurance adjuster could have seen the bus, they aren’t small, and if he was paying attention, could have jumped to safety, then is he the one at fault, relieving the bus driver of any liability?

Why if they don't agree, should the jury have to follow the law? And is it right that the insurance industry lobby’s nonstop to pollute the jury pool by prejudicing them before they ever enter a jury box? What if a jury just disregards the judge’s jury instructions of what the law requires? And in term gives him nothing but out-of-pocket expenses. Should juries be allowed to ignore the law in favor of what they want to happen?

And is an insurance adjuster capable of experiencing pain and suffering? Are they immune to the concept of pain and suffering? I’ve listened to adjusters saying juries aren’t awarding pain and suffering damages; so does this negotiation tactic work when this allegedly injured plaintiff is an adjuster? Just because a bus hit him doesn't mean he was actually injured. After all a look at the bus' bumper probably didn't show a dent.

Does a different standard for valuing personal injury cases apply to you and me than to insurance adjusters?

Seriously I don't know this man and have not investigated his mishap, but right now he's faced with all the tort reform his industry has bought and paid Congress to pass and Madison Avenue to publish. While I may wish him well in getting better I do hope he gets the same treatment as my own clients.

Like I said, have you heard the one about the defense lawyer that was seriously injured while walking into his law firm’s building to begin deposing a real plaintiff in a real case, after just leaving an insurance industry meeting about promoting more tort reform?