South Carolina Injury Law Journal : South Carolina Personal Injury Lawyer & Attorney : Trey Mills Law Firm : Workers' Compensation, Product Liability

I started blogging back in November of 2008 therefore with the closing of the 2009 calendar year, this will be my first (1st) full year in review.

There is little doubt from my background, occupation, and particular writing style that I hate insurance companies. I have highlighted those articles I wrote throughout the 2009 year that provide the biggest return on investment for my readers. I hope that you have enjoyed reading my blog, regardless of your own personal beliefs and opinions, as there are always two sides to any issue.  

South Carolina Foreclosure Sale: My Personal Experience

Given the current economic climate and the many more foreclosures I feel will be coming on the market in the first quarter of 2010, this is a good read for those of you thinking houses are bought for $1.

What Can I Do About Property Damage to my Car After a Wreck?

Numbers speak for themselves and more than likely you will be involved in a wreck. If the wreck is bad enough to cause any property damage you do not necessarily need a lawyer.

South Carolina Property Arbitration for Depreciation, Loss of Use, & Actual Damages

This article goes into more depth than the one above when the insurance company jerks you around over something so easy to determine value such as property.

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

There is no one bite rule in South Carolina. This is strict liability and if your dog bites someone else anticipate some insurance payout.

Insurance Companies Don't Care About You: They Care About Your Premiums

I say what others think and know. This is no different and you should understand the logistics.

Allstate Insurance's "Good Hands" are Wrapped Around Your Throat!

They are awful. The worst insurance company you could possibly use in my personal opinion. I can tell war stories against Allstate for days on cases I had just in 2009. Please stop letting such blatant insurance abuse happen by using the worst insurance company out there.

Insurance Claim Game: 10 Tips to Follow

When you are injured in an automobile wreck these tips may help you avoid having to hire an attorney on a smaller case. 

Tips for Young Lawyers on Being Trial Lawyers

After four full years of practicing and being thrown into a trial the first couple months as a lawyer, I guess I have learned some things. I am just excited to still call myself a young lawyer at 31.

Graduation Speech for Mid-Carolina High School 2009

I was blessed and honored to come back to my high school and give the commencement speech.

F___ You If You Have Never Had Cancer!

After my uncle was diagnosed with cancer and started his battle earlier in the year a flow of emotions and memories were brought back from my experience some 14 years ago. Sorry for the language but it was what I was feeling at the time.

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I am amazed every day with comments made by insurance adjusters or agents, servants, and/or employees working on behalf of insurance companies. Regardless of whether it has to do with my personal health insurance, automobile insurance, property insurance, and/or other types of insurance.

It all boils down to insurance companies belittling, discrediting, discounting, ignoring, amending, omitting, and/or re-creating invoices, or bills, legitimately charged by professionals for services rendered.--Trey Mills

Let's look at a few recent examples I have run across just this week:

1. I needed medical treatment so I went to a medical professional, aka, a medical doctor. This medical professional went to school for over 20 years to be a licensed medical professional. The physician provided me with medical advice and treatment I needed. I filed it on my health insurance and when it was all said and done out of the $110.00 bill, my insurance company discounted it by $55.00 for a "network discount".  I paid my $25.00 co-pay and because I have not met my $2,000.00 deductible, I owe the $40.00  remainder.  What the heck did the insurance company pay for? I am pretty sure if I was uninsured and had the ability to pay in cash I would have gotten a 50% reduction = $55.00. Instead, since I had health insurance, I had to pay $65.00. (Health insurance is truly for cancer and other catastrophic injuries/illnesses that happen in life. Other than that, bend over). There was a great article in the L.A. Times entitled "Why Require People to Buy Health Insurance". Admittedly, I would rather have things privatized than governmentalized but what is the difference between an extra tax and mandating people pay insurance premiums? You say tomato. I say tomato.
2. I wrecked my car so I went to the only local certified manufacturer of my car within 100 miles and had the parts repaired and replaced. Since the wreck was not my fault, I notified the at fault party's insurance company and requested they pay my repair bill (actual costs), my rental bill (loss of use), and depreciation. The at fault insurance company discounted my repair bill by over $300.00 because they felt it was over priced, offered me $10 a day for a rental car, and said that they do not recognize depreciation. (South Carolina law does and when I filed "Arbitration Pleadings" they paid me almost double their original offer). 
3. I have rental property so I needed insurance for those rental properties. One of my houses is centrally located within four houses from Falls Park in Greenville,SC. The lot alone is valuable, not to mention the "historic" two story house that is being remodeled. However, the replacement costs for the house, per the insurance estimate, is astonishingly low. I wonder what builders or estimators are providing those costs? I need to get them in there remodeling the house but then again, it would probably be put back together with glue and toothpicks.

"If I only had a ........ 

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I have always threatened to take an insurance company to arbitration over their ridiculous offers but never had a client that could afford to take the time and roll the dice on a Battle Royal. Ask and you shall receive. *(see a recent update on this article at the bottom).

Today, I partook in my first property arbitration over depreciation, or diminution of value, due to an automobile wreck and subsequent repair of their vehicle.  This was my first because, as an attorney and business venture, it is not worth the time, effort, or eventual outcome to pursue such action, especially when there are personal injuries that arise out of the accident. The personal injury claims are a much more valuable and worthwhile effort for attorneys to assist. However, I did this one pro bono, gratis, and/or "for free". Although I did not gain financially from this venture, I was able to gain through experience.  A much more valuable weapon against evil insurance companies.

With most every car accident arises two causes of actions. 

1. Property Damage: A claim for property damage can be in the amount of actual damages (repair costs), loss of use (not having your car/having a rental), and depreciation/diminution of value (the value of your car before vs. after the accident-given that it was in a wreck); and
2. Personal Injury: Any injury sustained as a result of the physical, mental, and/or emotional impact of the accident, or trauma.

In my case, the plaintiff had her brand new, candy apple red convertible slammed into by a dump truck.  The defendant did not dispute that they were at fault.  The defendant repaired the vehicle and provided a rental but when the plaintiff inquired about depreciation due to the stigma of the car being in an accident, the insurance company said they did not recognize such damages. WHICH IS BULLSHIT and ILLEGAL.  Insurance companies don't make money paying it out, they make money keeping it.  

The highest offer the defendant made was only a couple hundred dollars to my client, even after I became involved.  At arbitration the plaintiff was awarded almost triple the insurance company's highest offer and it was the insurance company's expert testimony that helped the arbitration panel make their determination. 

Why would an insurance company drag this out and only offer a few hundred dollars? That would be because 80-90% of you will go away and the 10-20% that fight them are cheaper to pay off than the 80%.  It is a numbers game. The more you roll over to the insurance companies, the more money they make, and the more they laugh at you. Don't let them laugh at you, fight back!

You don't have to be an attorney to request an arbitration hearing or to file a claim in small claims court. Please go to this link to learn more:

http://www.doi.sc.gov/consumer/auto.htm

South Carolina allows for persons to request an arbitration through S.C. Code Ann. 38-77-730:

 

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

 

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

 * Modified on December 21, 2009:

Don't think being an attorney affords you any differences when dealing with insurance companies. I recently had to go through the same process with an insurance company as a result of a property damage claim. They forwarded me a check significantly lower than the actual repair costs, rental car invoice, and depreciation. I requested an explanation within 7 days and received none. I filed arbitration pleadings in the proper county and had an offer almost double the initial amount within 3-4 days.  Don't play around with them. File the arbitration papers for $5.00 and then send them an original copy with a reasonable demand.

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I was surprised with the amount of fatalities we were having on Interstate 85 back in July of this year and wrote, "Wrecking' Havoc on Interstate 85 in Upstate South Carolina". There were too many fatalities occurring in such a short period of time on the same stretch of interstate that runs from the Georgia/South Carolina border to the Greenville/Anderson County line.

Local journalist, Rick Spruill of the Anderson Independent, took this research on I-85 to a new level in his article entitled, "Pressure Cruise: Traffic Increase on I-85 in Anderson County". Some interesting points to consider are:

• An average of 46,277 vehicles travel daily through Anderson County along the interstate between S.C. 24 near the Georgia state line and S.C. 153 near the Greenville County line;
• Overall, I-85 sees more fatalities over a much shorter distance than other interstate corridors running through South Carolina such as Interstate 95 or Interstate 20;
• According to the most recent data available from the South Carolina Department of Transportation, in 2007, I-85’s 107 miles of interstate were the site of 354 traffic fatalities in South Carolina;
• According to TRIP (The Road Information Program) vehicle traffic in South Carolina is expected to increase by almost 50 percent by 2025, after jumping 45 percent between 1990 and 2007;
• In 2008, the financial cost of all collisions that happened on I-85 in Anderson County totaled more than $22 million;

In the article, Lance Cpl. Kathy Hiles of the South Carolina Highway Patrol said,

“Unfortunately, we have more distractions than ever with cell phones, GPS units and PDAs with e-mail access. ... Anything that takes you away from the task at hand should be kept to a minimum. It only takes an instant of distraction to create a lifetime of regret.”
 

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In my article, "How Do Insurance Companies Make Money?", I go over Profit = earned premium + investment income - incurred loss - underwriting expenses.  However, it is not my intention to be that technical this time around. 

Insurance companies have many different layers, or divisions, but you as the client, or insured, interact with insurance companies on only 1-2 levels:

1. Insurance Agent -sells varying forms of the insurance, or service.
2. Insurance Adjuster - protects the insurance company from losing money on the service for which you paid for the insurance company to provide to you by way of a premium and insurance contract (policy). Adjusters minimize the "incurred loss" in the above equation.

As to the Insurance Agent:

It has been my experience that these professionals provide you with information on the varying types of insurance-- property, casualty, life, health, and disability. They should review the different policies they have available and the coverages which those policies provide, along with the price.  However, they are not usually legally oriented or familiar with the "back door" aspect of what they are selling.  Meaning, they are doing exactly what they are suppose to be doing, "selling insurance".  Your insurance agent will most likely refer you to the nearest consolidated insurance claims center if you were to need the service you paid for by way of an insurance claim. 

For example: if you were injured in an automobile wreck, lost your shingles when a storm came through, and/or the property or person you bought insurance on was damaged/injured in anyway.  Your insurance agent does not usually handle that, they refer you to a claim center with insurance adjusters. If your insurance agent is kind enough to assist you with the insurance claim procedure they still have no authority, or impact, in how the claim is resolved.

As to the Insurance Adjuster:

They are usually not in the same state as you.  If they provide you any information about your legal rights please ask them if you can record the conversation or get everything they just "counseled" you on in writing.  Insurance adjusters have not passed any state Bar requirements to be lawyers and/or offer legal advice. They work for the insurance company that makes money when it brings in more premiums that are paid by their clients than it pays out in insurance claims.  Their interest are not aligned with your interest as they are evaluated on ensuring that insurance claim payouts are minimized.

Read-One of the factors that an insurance adjuster is evaluated on for their job and them keeping it is to offer you the least amount of money possible for your injuries and/or property so that their employer, the insurance company, maximizes its profit.

Common Misconceptions I hear all the time in my office:

• I thought they would do the right thing; (Why would you think that? Again, your insurance agent may be the kindest person in the world but that is not who you are dealing with.)
• I have never had a problem with my insurance company the 20 years that I have had them; (How many times have you had to file an insurance claim? Oh, now the light bulb goes off.)
• The insurance adjuster told me I didn't need to get an attorney or another appraiser; (Now why would they not want you to get an opinion other than theirs? *hear Jeopardy music*)
• The insurance adjuster said I couldn't go see the doctor; (Why are you listening to anyone other than a doctor in regards to medical advice?)
• I don't want to sue anybody; (80-90% of the time no law suit is filed. If one is filed it may list the negligent party but that is because insurance can't be mentioned in a trial. The insurance company is the one that actually defends any law suits you bring and pays money up to their coverage amount if a verdict is rendered.)

 All I ask is that you be informed and educated on the interest of all the parties involved and not just assume anything. 

“Knowledge is of no value unless you put it into practice.” -- Anton Chekhov

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Too busy to make time for this and that, have to try and sign up this new client that really needs my help, one of my rentals is almost finished and I need to show it to potential renters, need to have my car looked at, need to have my back looked at, have to establish new relationship with local bank, (blah, blah, blah)...

Let's just forget it all and go enjoy a wet Saturday at Clemson with a beautiful date. Then make the rounds to all friends and family, go enjoy some box seats and finally sit down to watch the game. Tigers run down the hill to start the game and I jump up to enjoy some of the box amenities...

Who's that bald kid behind me? I bet he has cancer. I will talk to him when I get back down there. Wait, I know that bald kid, that's Chase Hamm and his mother, Melissa. ( A young man that grew up in the same town I did, went to the same high school, and is currently battling a brain tumor.) I turn around to say hello and I am greeted with a strong, yet excited handshake from Chase. We immediately recognize a bond and the struggle he is currently going through without saying a word. I couldn't help but be reminded  of 14 years back to a similar time in my life with a mother that carried the same expression on her face. A look of a mother willing to do anything to give happiness to her sick child, one of exhaustion, and one of relief that someone around her may actually be able to relate rather than look on with ignorance and/or pity.

During one point in our conversation, I realize my eyes are feeling really red and starting to fill with water. I dont have time to rush out of the room and I have not burst out crying since I watched my mother take her last breathes on her death bed.  I am able to turn toward the game in time and quell the eruption coming from my stomach. I think I do so without anyone noticing but that was not the case, especially given the silence of all parties. 

To hear how elated both Chase and is mother were to be able to attend the Clemson game helped me remember the simple joys in life.  When life was not the luxury I enjoy today by being able to physically do as I please. Not being restricted by my "counts", ie hemoglobin, white blood cells, and platelets.  It was bitter sweet how this outing back home may help them recharge for another couple weeks of battling in the trenches at St. Jude.  Chase was also excited to watch his cousin play for the opposing team, Coastal Carolina.   

Seeing Chase helped on several fronts:

1. It was a reminder of where my life was and where it is now;
2. A reminder to snap out of that typical American nature to be so caught up in everything that you don't see anything;
3. A refresher that no amount of possessions will replace love and companionship;
4. That cancer was the best thing that ever happened to me because I have experienced, accomplished, and obtained more in the 14 years of extra life than most do in their lifetime; and
5. Normal people are boring, crazy is cool. 

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I started this blog with no idea what to expect or how I would have the time to write articles.  However, I went ahead with it by contacting LexBlog and getting the infrastructure in place.  My first article was "China Tries to Kill Pebbles" on November 2, 2008. It has been good times ever since. 

The traffic count and interest has grown exponentially and it allows me an opportunity to fight the barrage of poor media, misinformation, and misleading advertising that many insurance companies conduct.  It also levels the playing field for me to give an inside look at what really goes on in the plaintiff's battle against evil insurance companies. 

It should be apparent from a large percentage of my posts that:

• I hate Allstate and think they are unprofessional, unethical, and ignorant;
• I am cancer survivor and both celebrate and struggle with that;
• I work in upstate South Carolina   and focus first on statewide issues and then on national issues;
• I enjoy being a plaintiff's attorney because I enjoy working with normal, everyday people and not corporate clients that are buffoons;
• I love to fight, more in the courtroom than out of it in my older years; and
• Thanks to my life experiences (cancer, death of a parent, and internal struggles with those issues); I think I can achieve most anything with hard work, thought, and communication.

Thanks for stopping in for a quick read, interesting article, and/or for being a groupie of South Carolina Injury Law Journal.  It's only going to get better, more informative, and more insightful.

Take it away "Little River Band".........

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This article was brought on by two separate contacts I had with friends inquiring about the satisfaction and enjoyment I obtained from doing my job. Both of these friends were fellow attorneys but working in different specialties. I was honored to be contacted by them because they are both hard working and intelligent individuals with what would appear to be great jobs. I was a point of reference as someone that truly enjoyed what they did and appeared to gain fulfillment, or satisfaction, in doing their job. That had not always been the case for me and I was delighted to know that my subconscious behaviors had eluded to the happiness in my life.

Even when I passed the SC Bar and became an attorney, my biggest goal was to pay my $125,000.00 in student loans off in three years (before I turned 30). All I worked for was money and how I could make more of it. I was looking past the people I could help, the experiences I could get, the good things I could do with my professional status, and the hard working reputation I could build. I also was fueled by hatred for insurance companies and how they had treated myself and my family when we were going through rough times (cancer). I would take my work home with me both figuratively and literally. I lived and breathed law and when I could not get any reprieve from it, I would drink until I could not think about it anymore.

I was miserable and hated who I was, what I did, and why I had not done more with the extra years I was given. Then I stopped beating myself up, stopped thinking about only myself, stopped worrying about trying to fit my whole life in what I thought was only 3 more years of living and just starting having fun. I realized I had to put my faith in myself to do the right thing instead of other people. I also concluded that whatever happens, happens and I can not control other people. The Serenity Prayer is not solely for alcoholics. It's great for every day application for anyone. Life is so simple if you just allow it to be.

I had felt my life was in a rut and I never wanted to live like that given the second chance at life I had been given. I always wanted to travel the world, sail the seas, be in movies, date models, and live on islands. However, I also wanted to help people, earn a higher educational degree, and run my own company. In choosing the higher educational degree, I failed to think about who would pay for it and how much it would cost in resources and time.

Now that the student loans are paid down to free money (federal loans at 1% interest) and I have enough investments to pay off my debts, I guess it is time to travel the world, sail the seas, be in movies, and live on islands.   I already consider the girls I date to be more beautiful than models, if not models themselves. ; )

Or, I could continue to do what I enjoy: helping people, suing insurance companies, and getting paid to do it. 

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An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone's alcohol level.  Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).

This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment.  However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).

I am willing to bet the two drivers that got charged with felony DUI's this past weekend in the upstate did not think they would kill someone when they got behind the wheel.  YET THEY DID.

• Douglas Dodgens, 52, was taken to Greenville Memorial Hospital where he was pronounced dead.  The 30-year-old driver of the car that hit Dodgens’ car was charged with felony driving under the influence. -as reported by The Greenville News;
• Zion Faith Mills, 17-year-old Lyman girl, was killed and five people were injured in a wreck outside Greer. The driver in the one-vehicle accident has been charged with felony driving under the influence. -as reported by The Greenville News.

My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation.  I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right.  Call a cab, friend, or just have a sober driver.

Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver's insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.

Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.

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