If you've ever been injured in a car accident,
you might have contacted one of the countless personal injury lawyers
who boast they are not afraid to take on the insurance industry. While you might have won a good settlement, you probably paid up to 40 percent of it to the crusading attorney.
Now
imagine winning the same settlement without having to cough up a
contingency fee to a lawyer. That's the promise offered by two new
companies, MyClaim.com and SelfSettle.com, which both sell online and
offline services and resources to help consumers get the most out of an
insurance settlement. The companies target victims of automobile accidents.
Both
companies help consumers conduct research and prepare documents related
to their injuries. At the end of the process, they promise that
customers will have a professional settlement-demand package to submit
to the insurance company.
| "It's similar to if your friend picked up a medical text book and tried to remove your gall bladder." |
"We are empowering claimants," says Daniel Yelich, executive vice president of MyClaim.com, which is based in St. Louis, Mo.
But
some lawyers contend a company like MyClaim.com does not "empower"
claimants but rather endangers them. "A lot of these things require the
application of legal experience," explains Chicago-based attorney
Richard F. Mallen. In March, his personal injury law firm, Richard F.
Mallen & Associates Ltd., filed a lawsuit against MyClaim.Com,
alleging it engages in the unauthorized practice of law. "It's similar
to if your friend picked up a medical text book and tried to remove
your gall bladder. Yeah, he could do it, but it might not come out all
right." Officials at both companies deny they are dispensing legal
advice or otherwise practicing law. "We only provide information on
what the statutes are. We won't make any recommendations or give
advice," says Roland Reinholz, CEO for MyClaim.com. SelfSettle.com, based in Henderson, Nev., has not been
accused of the unauthorized practice of law, but the company has raised
some lawyers' eyebrows. "We don't give legal advice," says Chad
Russell, president of Self Settle Inc., which operates the Web site.
"We've had some attorneys contact us. Once we clarify what it is we do,
everybody's comfortable with our situation."
Both
MyClaim.com and SelfSettle.com allow customers to get their hands on
past jury verdicts on similar cases. With access, customers can compare
the facts of their case to those that have gone to trial or, in some
cases, settled out of court. The services also gather police reports
and medical reports. MyClaim.com, however, requires its customers to
send the company their medical reports.
MyClaim.com sells
customers links to several legal Web sites to conduct research, Yelich
says. Customers also can retrieve information on jury awards for
similar circumstances. The service includes a "MyClaim injury interview."
Customers answer questions about the impact of the accident. It
includes questions about whether they missed work or needed hospital
treatment. The answers will be used to create a package of information
to be submitted to an insurer. The final package includes the settlement-demand letter, accident and wage information, and expense details.
Although
the site is operational, Yelich points out that changes still are being
made. "This is a work in progress that we're constantly trying to make
better and improve," he says. Resourceful consumers might on their own be able to obtain
information sold by MyClaim.com and Self Settle. For example, consumers
might find insurance-related legal data at their local libraries or
through the Internet. SelfSettle.com buys information from Jury Verdict
Research of Horsham, Pa., which consumers can independently purchase.
Jury Verdict Research sells a book for $39.95 that details trends in
personal-injury jury awards. "They certainly can do that," Yelich says. He points out
his "self-help" Web site makes it more convenient for consumers to find
the information. MyClaim.com offers customers two ways to pay for the
service. They can pay a flat fee of $250 upon signing up. If the case
fails to settle, they will not get their money back. Alternately,
customers can pay $25 upon signing up and $475 if the case settles.
Yelich says users of the service sign an agreement to pay the company
if the case settles. MyClaim.com went online in October 1999, but Yelich says
his company began signing up customers only in early May. He would not
say how many people have signed up so far, but no cases have been
settled yet. "I don't think I would impress you with the volume," he
admits. Self Settle will assemble all the paperwork related to an
injury victim's claim — including police and medical reports, a map of
the accident location, photographs of the crash scene, and a detailed
listing of expenses such as lost wages. (Russell says customers sign a
release giving the company access to various records.)
"We basically summarize their entire accident into a portfolio,"
Russell says. "Depending on how traumatic the accident is, it could be
anywhere from an inch to eight inches worth of paperwork."
| "Once we clarify what it is we do, everybody's comfortable with our situation." |
To
avoid the appearance of illegally practicing law, neither company will
answer questions about the merits or value specific injury claims. They
also will not evaluate claims or give the claims directly to the
insurance companies.
Even if they've paid full price and
the case fails to settle, all is not lost. Yelich says customers can
take their research to lawyers, who might consider reducing their fees.
Self Settle, which started doing business in early January
2000, uses a similar flat fee structure. Customers can pay $999 up
front, or $1,499 if the case settles. Although information about Self Settle can be found at
Selfsettle.com, it does not conduct business online — customers are
told to call or e-mail the office. Mallen, the lawyer who has sued MyClaim.com, says he is not familiar with Self Settle and would not comment about the business.
Both
MyClaim.com and Self Settle acknowledge they are not equipped to handle
every kind of insurance claim. They're seeking to drum up business from
people with fairly straight-forward cases such as neck and back strain,
whiplash, and bruises. Customers with complicated cases involving
serious injury such as brain damage or paralysis should hire lawyers,
say officials from MyClaim.com and Self Settle.
Continue to page 2: Objection, your honor
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