It’s been two years since the date of loss and the plaintiff attorney has been remiss at returning your phone calls and responding to letters, and is ignoring your e-mails. Suddenly, a large demand lands on your desk with nearly $100,000 in medical bills!

How is this possible? There was hardly any damage to the vehicles, but in your state you are aware that the plaintiff can blackboard all of their medicals if the claim is litigated. What is a claims professional to do?

Too often the answer seems to be an acceptance of the meds at face value with limited negotiation. When asking a fellow adjuster who has a reputation for being a tenacious negotiator how he handles such situations, his response was quite profound, “Common sense.” He specializes in claims where there are questions of causation and relatedness with bills often presented well above $100,000.

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