TMCnet Feature
June 30, 2020

Kisling, Nestico & Redick - Taking on Insurance Companies for 15 Years

After an accident, victims often assume that getting fair compensation from their insurance company for medical expenses, lost work time, and other losses will be a straightforward process. But the unfortunate reality is that instead, they often find themselves facing insurers that refuse to provide the compensation they need to recover from injuries that are often serious and life-altering. Some victims try to negotiate, only to discover the insurance company won’t budge. Others simply give up and take an unfair settlement because going up against a huge insurance company and their lawyers seems impossible.

For Ohio law firm Kisling, Nestico & Redick (KNR), giving up is not an option. Since 2005, the firm has been successfully fighting against insurance companies who refuse to pay accident victims what they need. The secret to their success? Many of their team members have previously worked in the insurance industry, so they have an insider’s view of how companies manage to evade their responsibilities when it comes to fair compensation for victims. We’ll tell you more about Kisling, Nestico & Redick below, and share some of their insider tips for how to deal with insurers’ tactics.

A History of Fighting for Clients’ Rights

For 15 years, Kisling, Nestico & Redick has been fighting for their clients against insurance companies’ unfair compensation practices. The firm began in 2005 when three lawyers--Gary Kisling, Rob Nestico, and Robert Redick--opened their first Ohio office. KNR’s dedication to fighting for injured victims was especially important to Founding Partner Rob Nestico, who sustained severe injuries in a car accident when he was just 15 years old. Rob’s recovery took months, and while he was still in the hospital, he watched an insurance company take advantage of his parents (who were Italian immigrants and did not speak English). Later in life, he vowed to defend and speak up for victims that were being exploited from insurance companies like the one that exploited his parents.

Today, Kisling, Nestico & Redick has expanded far beyond its humble beginnings, employing over 35 lawyers, more than 100 support staff, and serving Ohioans at 11 locations throughout the state. Over the years, they have obtained multi-million dollar settlements and verdicts, helped over 10,000 clients, won a multitude of awards, and accumulated more than 500 years of combined legal experience battling insurers.

What makes KNR different from many other law firms in the state, and even across the country, is that many their lawyers and staff worked in the insurance industry prior to joining the firm. This insider knowledge makes them privy to the many dishonest and unfair tactics that insurers’ legal departments use to deny compensation to accident victims.

Kisling, Nestico & Redick attorneys leverage this knowledge each and every day to fight for their clients. As a large firm, they also have the depth of resources necessary to win cases against huge companies. And despite their size, they pride themselves on providing personalized attention to each and every client they work with.

Helping Accident Victims Navigate the Insurance Claims Process

One of Kisling, Nestico & Redick’s top commitments is to helping accident victims navigate insurance claims, especially when insurers don’t want to pay. Unfortunately, the firm says, this is getting more and more common today, and many people end up needing a lawyer. Because insurance companies’ top priority is their bottom line, they are not on the victim’s side, and getting a claim fairly settled can be an enormous task. Insurers are incredibly likely to deny claims or limit what they pay as often as possible, and KNR advocates for clients by putting their needs first. Additionally, there are many things people don’t know about how insurers work and Kisling, Nestico & Redick has the knowledge to help clients effectively engage in the claims process to get a better outcome for their case.

In addition, they help victims calculate the compensation they will need for both current and future expenses. This can be incredibly tricky to do without help, especially because it can take months of treatment to know what medical needs someone will have in the future. KNR attorneys make sure clients fully understand their rights to recover losses so they don’t leave any important expenses out of their estimates. They even get hands-on, helping clients tally their current and future medical bills so they have a better chance of getting a fair settlement.

Understanding Tactics Insurers Use to Underpay

Kisling, Nestico & Redick says that most people who file an insurance claim after an accident will deal with many issues as they deal with an insurance company. They point out that this quickly becomes exhausting, and that exhausting people is often intentional on the part of insurance companies. In their many years of experience both inside and outside of the insurance industry, they have learned the ins and outs of serious issues people face when it comes to claims.

Here are some of the most common tactics they go up against:

Making the Claims Process Too Difficult

Insurance adjusters are often taught to act in ways that make the claims process as difficult as possible for victims. For example, they may ask for duplicate documentation about the crash, injuries, medical bills, or anything else. When people work with a lawyer who knows how these cases work, their lawyer can handle this issue for them and alleviate a lot of stress.

Acting Like Your Friend

One thing KNR frequently reminds their clients is that insurance companies, even though they may act like it, are not on the victim’s side. Although insurers commonly behave as if they care about victims, this tactic can lead a victim to reveal information that an insurance company can use against them. Accident victims are not required to answer insurers’ questions or give a statement immediately after the accident. While it’s okay to provide basic details, such as who was involved, where the accident happened, or the general type of accident, victims should have a lawyer before answering additional questions or making statements about who was at fault. A good lawyer can coach clients on what to say and how to say it to ensure that they do not provide information the insurer could use against them. 

Undervaluing Injuries

According to KNR, insurers will almost always undervalue victims’ injuries. Companies often claim that victims are not as injured as they say and many go so far as to minimize their injuries when they speak to accident victims, all in an effort to get the victim to settle for less compensation than they deserve. A strong legal team knows how to battle against insurers in these cases and help victims recover what they deserve.

Undervaluing Vehicle Repair Expenses

Insurers often try to convince victims that their vehicle is not worth as much as it actually is to reduce what they have to pay. In addition, insurance companies often imply that the victim needs to use a company-selected repair shop, when in reality they can choose a shop they trust. Insurers will also often try to lowball the worth of a vehicle in order to save money. The sheer number of issues victims have to deal with in these cases is often incredibly trying, but an experienced lawyer will know how to ensure that your vehicle is properly valued.

Denying Claims Completely

It is not uncommon for an insurance company to outright deny a claim completely, and say that they refuse to negotiate or claim that this is the best offer a victim will get to encourage people to settle. There is almost always the possibility to get a better settlement by negotiating. If negotiating does not work for you, enlisting legal help is a good next step.

Claiming the Victim is Responsible

In a related scenario, insurers will try to claim that a victim contributed to the crash in order to reduce their final amount of compensation. In all of these cases, victims need to fight back but they seldom know how to do this effectively. KNR often steps in to better analyze crash reports, witness statements, and other evidence.

Acting in Bad Faith

If an insurer refuses to communicate, does not properly investigate a claim, misrepresents your policy coverage, or refuses to negotiate with the other party, these are all potentially illegal actions a lawyer can fight.

Kisling, Nestico & Redick is used to stepping in for clients at any point in the process, and working directly with insurers to ensure that the victim is fairly compensated. It is incredibly difficult to do this kind of work on your own, especially after a stressful accident, but KNR believes in doing everything they can to advocate for clients and help them get the compensation they need to recover.

Success Fighting Lowball Settlements

Although insurance companies should pay up what a victim needs when it comes to medical expenses, lost wages, and property damage, all too often they will propose a settlement that is far below what is fair. Because the first offer a victim receives from an insurer will almost always be too low, Kisling, Nestico & Redick is incredibly familiar with how lowball offers work and how to navigate them.

Don’t Agree to a Lowball Settlement

For starters, as a victim never agree to any settlement that is too low or that won’t cover the full extent of their expenses. The insurance company will of course try to pressure accident victims to accept their initial offer, but it is always within the victim’s rights to negotiate, and to make not just one, but as many counter offers as they need to get a fair settlement.

Calculate Claims Accurately

Make sure to calculate your current and future medical expenses as accurately as possible: otherwise you can come up short when trying to pay your bills later. You should also, prior to entering into negotiations, have two numbers on hand: one is the amount of money you want to receive and the other is the lowest amount you would accept. Never go below your lower amount. Again, getting help from an attorney if you are experiencing this can be incredibly helpful.

Reject Lowball Offers in Writing

When a settlement offer is low, you need to reject it in writing and explain why it is problematic--for example, if the offer claims that you were partly responsible for the accident but you weren’t, you should say so. If it undervalues an injury, point that out. In your letter, you’ll also have to explain your counter amount and make arguments for why the amount you are requesting is fair.

As insurance companies sometimes refuse to give you what you deserve, you may need a lawyer to step in and help you think about whether or not you want to go to court or try to settle for a fair amount. These cases can take time, but a lawyer can handle a lot of the back-and-forth and make your life easier during the process.

With their long history of helping Ohio accident victims get the fair compensation they deserve, Kisling, Nestico & Redick has become a household name in many Ohio communities. Their dedication to supporting the neighborhoods where they live and work is also seen in their extensive charity work throughout the state, making them a popular choice for legal help among a wide variety of people. When you need knowledgeable representation for any accident claim whether large or small, KNR is the firm to call. 

If you have questions about your personal injury claim or are in need of a lawyer, you can contact the firm for a free consultation at 1-800-HURT-NOW.

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