WHAT ABOUT FRIVOLOUS DEFENSES?

What about frivolous defenses?

The insurance lobby spends millions of dollars each year attempting to convince us that major corporations and the insurance industry is in financial distress because of large jury awards, and frivolous lawsuits. They tell us to ignore Enron and Tyco's greed, and Ford and Firestone's negligence.

What they ignore is the fact that our courts are back-logged, and it often takes a case years to reach trial, because of frivolous defenses. Insurance companies are known to assert multiple defenses that don't apply, even in cases where there is clear cut liability and readily determined injuries. If you find yourself leaning toward the insurance company's view, picture yourself trying to get paid for property damage to your car when you are struck from behind. How easy is it for you to get a check for the amount it will cost you to repair your car? Is the insurance company's estimate anywhere near the amount of your estimate? How do you collect the difference, sue them? Which is frivolous, your claim or their defense?

Rethink your example, changing the "injury" from a property-damaged car to a fractured right clavicle that didn't heal properly. You can't lift your child (or grandchild) without discomfort. It is difficult to tie your shoes, brush your teeth, or put on your shirt. If you roll over at night on the wrong side of your body, you wake up in pain. The insurance company offers you $5000 to cover any unpaid expenses, saying your injuries are not permanent and any pain you claim to have was not supported by the findings from their "independent" medical exam. Which is frivolous, your claim or their defense?