Wednesday, December 23, 2009

Tis the Season: Beware of Parking Lot Predators

With the holiday season upon us with everyone rushing to and fro from one retail outlet to another, and especially with the insurance focus of this latest disaster of a bill feeding the health care industry and lobbyists (mostly lawyers) once again due to the length of the bill, and actually no real accountability measures in it for those supposed "regulatory" measures included in it, maybe some reminders of what "mandatory" insurance has wrecked (pun intended) since it was enacted also over heavy objections of the public years ago in creating a "job stimulus" for lawyers.

Recently, someone related a story to me of an incident that happened to them regarding a rear end collusion, and I had a similar situation occur to me also.

Apparently, what is going on is that there are many "employees" of the scores of personal injury lawyers in this country who set up victims of parking lot mishaps (on private property), and then use the "hit and run" laws in order to then make claims on the "victims" of their scams through their employer lawyers for accident claims - especially during the holiday season when so many are pre-occupied.

As one who worked in the legal profession, I do know that most insurance companies will not litigate claims such as these due to the expense involved and time and staff constraints, and usually will offer a settlement on the accident as a "nuisance" claim, no matter how many prior accidents the claimed "victim" has been involved in even in one year with almost identical circumstances prior to that time.

Now this does happen to the best of drivers really a great deal due to our hurried lifestyles now, and also especially during the holidays (and especially due to the many distractions now of cell phones, kids, the shear number of errands most of us run now in the course of a week, etc).

These are a little different though as most occur in retail parking lots with an abundance of cars anyway, and the claim goes on the record of the stooge, and their insurance then goes up, creating additional profits then for the insurance company for the next three years. Times that times the amount of accidents, and that is quite a profit for both the disreputable personal injury lawyers, their "employees," and also the insurance company - all at the true victims expense.

Usually picking an older vehicle maybe with a few dings on it to begin with, in order to bulk up their "case,"

And since so many are distracted and in a hurry now, few or absolutely no witnesses to what actually occurred.

So as a safety and budgetary precaution from two such victims (and this occurs much more in large or midsize metro areas), look twice before you back out in this holiday rush these last two days.

Because the next "victim" of one of the "job stimuluses" created by the mandatory insurance laws could be you.

Most insurance industry experts will tell you that accidents such as these go up during the holidays. In fact, due to distraction and rushing, this week is by far the greatest job stimulus for the health care and insurance industries - which is maybe why those "economic" forecasts are up for this upcoming quarter also.

And have those laws truly reduced the amount of local expenditures needed for judges, juries and the like?

Absolutely not, because at least with jury trials on those property damage claims, even for minor damages, formerly in small claims courts the costs were low, and then appeals for the major accidents or bodily injury claims were also reduced since no judge can re-examine any fact matter placed before a jury.

Interestingly enough also, these same personal injury lawyers in quite a few states now are allowed and do also own several "corporate" chiropractic clinics then, where they send their "clients" and then inflate those bills also which are billed for those claims from their "employee" doctors.

Or use their employee doctors then as expert witnesses then on personal injury cases at lowered rates without that "fact matter" being placed before juries - that many of those experts are actually employees of the lawyers involved in some of these cases now and not "independent" medical witnesses at all as also had been the case year ago in selection of experts for personal injury civil trials.

And due to most court rules in most states throughout the country, those predatory lawyers and their employees also know (as does the insurance industry lawyer also) that in any court proceeding, serial fender bender histories over the course of even a year with paid out damage awards granted and determined by the insurers, not by juries, are not allowed to be used as an evidence against these individuals.

Of course, the "stooge's" lawyers then can bring in their witnesses for rebuttal, but of course then the costs of those claims go up for that stooge and his insurance company, while the costs of the employee client's doctors are really no skin off the noses of those disreputable personal injury lawyers at all, as also actual employees of the "corporate" lawyers due to their practices true "ownership."

I suffered an injury upon a move up north, and had a flare up of the injury and went to seek a chiropractor in order to treat it, and was denied treatment at one of such clinics since I hadn't been referred to it by one of their "partner" personal injury lawyers, and did not treat the public, but only upon those referrals.

So this is also why your auto insurance rates are off the charts, and the same obviously will occur with a 2,000 page bill full of legalese, with no "teeth" on the industries whatsoever in accountability - while the IRS is busy collecting those fines on the small business owners, those denied insurance and self-employed mainly for which this bill does absolutely nothing to address in any truly accountable fashion.

Of course, actually this is a mere drop in the bucket really for the insurers after all, although no less of a "crime" and why there are more insurance lawyers also now than all of the European nations combined - just look at how many and how expensive all those lobbyists were for this new health care deform, and the campaigning that went on - and all with your premium dollars.

Using your dollars then in order to lobby for legislation to get even more is what is occurring, and selling their policies now not through marketing but through legislation in addition to lobbying to also reduce their risks and losses at both the state and federal levels such as the now "criminal" victimless low level DUIs at the level they are at this point in time - cough medicine or a puff on an inhaler will brand you as "under the influence."

What a racket.

So when Obama uses the mandatory insurance laws (which actually are not at all similar in any respect to this travesty of health care legislation and its "mandatory" unconstitutional also focus on the citizens, rather than the industry), just think now at 2,000 pages how bogged up our courts will become once again - and how this will in the end raise, not lower, both the taxes, and personal expenses and budgets of all Americans.

And quite possibly, create another job stimulus for the criminal element.