Fixing the Problem with Car Accident Law(s)

As promised, I will go over some of my ideas on how to not really fix the problem but to at least free up the courts with bullshit cases. Since these issues can turn into an ever-lasting debate, I will be brief.

1.) First and foremost, I would completely rewrite that one paragraph in Article 51 of the New York Insurance Law:

Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

This law is ridiculously vague, and a simple Range of Motion Testing after 90 days from the date of the accident that shows “significant limitation” can, in theory, pierce threshold. I would possibly add more qualifying factors to pierce threshold, such as a positive Peer Review. Not to be confused with Independent Medical Examination, Peer Review doctors would evaluate the injury to determine the seriousness of the injuries as well as causation. So far, most peer reviews are done only on surgery cases. Extending Peer Reviews to soft tissue cases to validate or dispute the case would go a long way. It would also act as a deterrent for shit cases.

2.) MVAIC Got it Right: In order for anyone to be able to sue MVAIC, the Plaintiff firm has to file something called Order to Show Cause just to get permission from the court to file the case. This should be a blanket procedure on all motor vehicle cases. This would not only free up the courts but would also create a 2nd Deterrent to file bullshit cases.

A combination of these two ideas will free up the courts drastically.

Personal injury laws and, more specifically, the laws that govern car accident cases are flawed. Only in New York can you get into a car accident with virtually no injuries and damages to your vehicle, treat for a pre-existing condition, tie it to the car accident, and get paid for it. In Michigan, it’s even worse. From what I hear, all you need is proof of billing for physical therapy. It’s a complete sham of a system that begins with the Article 51 of the New York State Serious Injury Law:

Article 51 of the Insurance Law provides that a plaintiff in a personal injury action arising out of negligence in the use or operation of a motor vehicle must establish that he/she has incurred a basic economic loss exceeding $50, 000 or must establish that he/she has suffered “serious injury.” Insurance Law § 5104(a), (b). Serious injury is defined as personal injury which results in one of the following:

•Death

•Dismemberment

•Significant disfigurement

•Fracture / Broken Bone

•Loss of Fetus

•Permanent loss of use of a body organ, member, function, or system

•Permanent consequential limitation of a body organ or member

•Significant limitation of use of a body function or system

•Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of thein jury or impairment.

The main issue with this law itself is the entire portion of Medical Determined injury or impairment that lasts longer than 90 days during the 180 days immediately following the occurrence of the alleged injury or impairment. This portion of the law is extremely vague and can be interpreted to benefit either the injured party or the defense. One can argue that the alleged injured party is seriously injured, while the defense can argue that the injuries are not serious and whether the injuries are also causally related. The way that the plaintiff attorneys try to prove that the injuries are, in fact, serious is by sending clients to random physical therapy doctors to complete a Range of Motion test after 90 days from the accident, which shows limitation of range of motion. Generally, by law, that can automatically pierce threshold even if the MRIs show no significant injuries. If I had a dollar for every time I had a case where clients had either no injuries or massive degenerations because they were old and the case was initially denied on threshold but then settled after a simple range of motion test that showed significant limitations, I would be a very rich man.

Another factor, which really kills me inside is the bullshit “2000 car vs. Human” argument. More recently, I had a case where there was barely a scratch on the rear bumper, and the client somehow got injections done to her back as well as a discectomy. Eight months later, she’s still seeing a psychologist, which is somehow still being paid by no-fault for PTSD due to her “traumatic” event. This makes me wonder. What kind of an idiot appellate judge created a legal precedence where property damage argument is virtually invalid or why biomechanical experts’ testimony is only an opinion? An idiot with an IQ of 40 can visually determine that these types of accidents are complete bullshit. Of course, my main job is to look out for the client’s best interest and get as much money as possible. I got this lady $75, 000 for something that she already had! Cases such as these make me feel like I’m a piece of shit hustler that essentially schemes insurance companies.

Don’t get me wrong, at least 30% of all the cases I have ever had were legitimate cases—even the soft tissue ones, where there were no surgeries or fractures or broken bones. As mentioned earlier in this book, a disc herniation that’s impinging into the nerve can create a lot of pain and discomfort. I personally had a disc herniation, which was repaired surgically, and I can tell you this: there were days where I didn’t even want to get out of bed. Naturally, I fought extra hard for such cases. In many cases, I took them personally and fought vigorously. Unleashed all my powers of intellect, skills of manipulation, and aggression. Ultimately getting insane results for my clients. From 2013 up until the end of 2021, I have settled over $15, 000, 000 worth of cases. I know this to be true because I keep track of all my settlements and keep a detailed spreadsheet of every case I have ever settled. If anyone ever wonders why I keep a detailed spreadsheet, it’s because one time I was working for a firm where the attorney and the managers were just pieces of shit people. They had thousands of cases, and I settled at least one case a day for the 30 days I worked there. These assholes had the nerve to pull me to the side of the office and grill me like drill sergeants on why I barely settle anything. Ever since then, I keep a detailed list.

This is the problem with the entire personal injury practice—it’s extremely difficult to determine whether the clients are full of shit, or hypochondriacs, or see car accidents as an opportunity to get a nice buck out of it. Whether or not it’s a legitimate claim. Because of that one simple portion of the New York State Serious Injury law, which essentially makes you prove that you have significant limitations that last longer than 90 days, whether the case is legitimate or not, people would look at car accidents as an opportunity to get some money out of it. At the end of the day, I find that for almost all of the clients that I have ever had, money was almost always a motivational factor to start treating and initiating a case. However, due to their subjective complaints that they’re in pain, attorneys are accepting cases as they are.

If it was up to me, I would completely remove that portion of that law and replace it with specific language or standards that essentially dictate what kind of specific injuries a plaintiff can actually claim, and to even go further with the case, I would create specific standards in law on whether the injuries the client is claiming are direct results of the accident.

3.) Insurance companies need to provide incentives for people to buy a freaking Dash Cam: This will save the insurance industry a lot of money and alleviate a lot of headaches when it’s time to figure out what really happened. I personally do not drive anywhere without a Dash Cam.

The Problem with Russian Clients:

For many years back in the 80’s, 90’s and early 2000’s, many Russian Attorneys and Physical Therapy offices offered a kick-back for clients that came to them for a case. Many still do. Kick-Backs or Referral Fees are illegal. Besides them being illegal, the Law Firms and PT offices that still practice this shady sort of business are not only jeopardizing your case, but they are also jeopardizing their licenses. As the Feds began to shut down these law firms and physical therapy offices, fewer Attorneys and Physical Therapy offices provide any sort of kickback. Furthermore, Insurance companies have a special investigative department called SIU (Special Investigative Unit.) These units are responsible for investigating potential Insurance Fraud. The fact that most of the investigators are former Detectives and Federal Agents, they pretty much know what they are doing and are really good at their jobs.

What does this mean to you? Carriers know, which attorneys and doctors are shady and this is what you can expect:

•Carrier Examiners will lowball the attorneys cases because they know that most shady firms will not put up much of a fight, in fears of being exposed. That includes filing a lawsuit. They will generally try to settle pennies on the dollar just to get rid of the case for as much as possible and as quickly as possible. That means you can expect a much lower settlement.

•Almost all cases with a shady law firm are thoroughly scrutinized. Almost all shady Law Firms are forced to have an Examination under Oath at their location. The whole purpose of the EUO is to validate each bill and treatment to make sure that everything is legit. They also do this because this gives them an opportunity to see how the firm operates in person.

•Most shady firms do not Litigate or “fight” for clients. No-Fault can be denied at any moment after a negative IME or unfavorable EUO. If that happens, that means: 1.) You can’t treat any more. 2.) All treatment has to be done through a Lien, which means it will have to come out of your settlement.

Fixing Shady Law Firms and Physical Therapist Offices:

Insurance companies need to start making clients read and sign some kind of a warning form. They already have this language created:

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

This language needs to be included in every initial application at the Law Firm and Physical Therapy Offices in multiple languages. Especially English and Russian. In fact, I would make it a law, which would require Law Firms and No-Fault Physical therapy offices to hang this sign in their office like they do with Workers' Compensation and Federal Minimum Wage Posters.