Victims Legally Re-victimized: The injustice of the insurance system

The entire nation was devastated as they watched the fires burning throughout Colorado last year and hundreds of people lost their homes; now imagine that it was your house and the insurance company that you’ve been diligently paying for the last 30 years has started putting you off from your claim.  WHAT? That would never happen right? Wrong.  The current laws that exist in this country allow the insurance companies to misguide you into believing they are on your side and working on your claim, all the while delaying you until your claim goes beyond the Statutes of Limitation for the type of claim you have; regardless of whether it’s a claim for fire, flood, tornado, or an auto accident.  And what happens next is the tragedy!  Once you have exceeded this obligatory date the insurance companies no longer have to even talk to you about the case. Even though they may claim to have been "working on your claim," if it has not been fully resolved by the anniversary date of your loss (statute of limitation), you will lose all your legal rights to pursue the claim any further.

The people of this nation are being fooled into believing that the insurance companies are being ethical when it comes to processing claims; however, they don’t even have to tell you about this law, and in most cases won’t tell you.  Furthermore, only an attorney can help you try and circumvent this bad law, if you catch it before the statute tolls.  A law that is only beneficial to the insurance companies and further victimizes victim’s needs to be changed so that the average citizen of this country does not lose his or her right to an equitable settlement. Make your voice heard before it’s too late for you by writing to your congressmen and women or sign any of the local petitions going around (there is an online petition available on change.org at http://www.change.org/petitions/insurance-victimization-reform-amend-the-sol-to-require-proper-rights-notification-on-insurance-claim-cases?utm_campaign=petition_created&utm_medium=email&utm_source=guides

This is what happened to me:

On February 19, 2010 I was, through no fault of mine, hit from behind by your insured causing sever whip lash, resulting in extensive neck pain (bulging disks) and accelerated migraines. I began working with a Safeco Insurance claims specialists immediately to repair my car and track my medical treatment.  After 2½ years of physical therapy, massage therapy, migraine therapy, acupuncture, and finally a Medial Branch Radiofrequency Neurolysis treatment, which was performed on September 13, 2012, I had my final visit with the pain specialist on November 6, 2012; after which, I immediately contacted (via email) Mr. Boyer (Safeco Insurance) to move on with this claim. Upon a follow-up call to inquiry on the claim status (Dec. 1, 2012), Mr. Boyer informed me that he had not received any of my records but would get them, evaluate and give me call.  After not hearing back, on the 30^th of December I again contacted Mr. Boyer only to find out that still none of the requests he ordered in October (according to his email) had been sent and that he was concerned something went wrong in their mail room, but he was going to call and fax the requests.  I responded to him that if I needed to get involved to let me know and I would. Again after no response, on March 5, 2013 I, again, began trying to contact Mr. Boyer only to be ignored; both by email and phone.  I even called and sent an email as to the status of my claim to his supervisor Michael Kreutzer (March 16, 2013) to no avail.  

It is now my understanding that my claim had exceeded the statues of limitations and has tolled.  Any average person would believe that once Safeco Insurance accepted responsibility on this claim, is it not within the realm of that responsibility to expediently, and diligently process the claim, without delay or deceit? If I was expected to provide the insurance company with the actual medical documents why would they continue to ask me for the medical authorizations leading me to believe, that they were actively processing this claim in good faith? I believe that would this have been an honest mistake or oversight on the part of Safeco Insurances representative that he would have contacted me when I reached out to him.  My claim should have been very well documented within Safeco's records and I feel that they have not upheld their fiduciary responsibilities in processing it. How would you feel about these claims practices if it were your situation?

  

I also sent a complaint to the Colorado Division of Insurance to notify them of this bad business practice and informed them of my current billed expenses of $22,962, not to mention the pain, suffering and now undue stress that continues to be added to this personal injury case. It’s situations like this that give insurance companies a bad reputation and cause millions in litigation fees. Again, when I contacted Mr. Boyer in November 2012 he made it clear that he would immediately start processing my claim for injury settlement and at no time did he mention that I was reaching my statute or that this was going to be a concern.  Should I have known, I would have immediately proved the medical records that I had, as I told him I would in December 2012, when Boyer indicated that he was going to call and fax my medical providers the authorization so he could get this resolved, but again, he never told me that we were getting dangerously close to my statute date and led me to believe that everything was proceeding normally.  

I feel strongly that I have been treated unfairly and in bad faith, I believe that the Safeco Insurance claims specialist intentionally led me to believe that he was processing my claim only to unfairly malinger and delay said processing, creating what I believe to be an Esstopel. Furthermore, Safeco's representative’s intentional delay in processing my claim, unbeknownst to me, allowed the statute to toll. Although liability for this accident was accepted at 100% by Safeco's insured’s part and the property portion of the claim was reasonably handled I, unfortunately sustained extensive injuries and was not able to get them resolved until November of  2012. Regardless of the length of my treatment, I was under the impression that Safeco's claims processor (first, Scott McCormac and then David Boyer) were ordering my medical records and bills all along, as I had provided on multiple occasions the names of my treating providers and the medical authorizations each time one was requested. There was no doubt in my mind, nor should there have been with Safeco's representative, Mr. Boyer, that I was making a claim for personal injury.

Unfortunately, I am now stuck paying all the medical bills incurred by this accident.  While, I am not a big fan of most attorneys I would encourage you to not let this injustice happen to you. So whether you have a loss due to an accident, fire, flood, etc. ensure your claim will be processed timely and hire an attorney.  Most attorneys will give you a free initial consultation, and it could save you thousands of dollars in the long run.

Help me change these bad laws by signing the following petition:

http://www.change.org/petitions/insurance-victimization-reform-amend-the-sol-to-require-proper-rights-notification-on-insurance-claim-cases?utm_campaign=petition_created&utm_medium=email&utm_source=guides

Thank you,

Raxton~

Attachment Style and Relationships

As part of my relationship study and struggles I'd like to reflect on a paper that I wrote regarding Attachment Style and Relationships (2011, May 08).

Part I: The three dimensions of love.

It is my belief that every relationship requires a balance of security, trust, and commitment.  According to Sternberg’s model of love (1988), love requires a combination of ‘passion, intimacy, and commitment’ (Bolt, 2004, p. 30).  Love has seven stages that most people shift to throughout a relationship, these stages consist of the three basic dimensions of love and four subtypes.  The basic dimensions are passion, which is the infatuation stage of a relationship, intimacy the liking, and commitment is the promise that each partner makes to the other to remain together.   As the three basic dimensions of love are combined there is achieved various subtypes of a love relationship: romantic love, fatuous love, companionate love, and the one everyone strives for consummate love.  Each partner contributes to these variations in whole or in part during a relationship; how much of each dimension he or she contributes moves the relationship to the various stages of love.

To identify any specific type of love relationship will depend on the mixture of the basic dimensions of love present.  As most relationships start, intimacy will be identified as the liking stage.  According to Bolt (2004), “Intimacy is an essential element of a loving relationship” it begins slowly and builds through the disclosure reciprocity effect (p. 36).  Plainly stated; the sharing of intimate details of one’s life, hopes, and dreams.  This is not to suggest that relationships cannot also begin with only passion or commitment.  For passion only relationships, it is known as the infatuation stage, for commitment only, empty love.  When proximity and contact are maintained passion is added to intimacy to form romantic love, or combining passion and commitment will provide a fatuous love.  Romantic love is that powerful yearning to be with someone; causing feelings of profound happiness when returned or intense grief when not returned.  Fatuous love is considered to be more of an impetuous love, happening fast and without thought.  When intimacy is combined with commitment a companionate love will form.  Not all relationships have passion; but in its absence, a mutual affection toward each other and commitment keep a relationship together.  Regardless of the type of commitment that one has (personal, moral, or constraint) relational satisfaction will vary depending on how the equity invested into the relationship is perceived.

Finally, the goal that each person strives for is to achieve a consummate love.  A love that has the three basic dimensions combined: intimacy, passion, and commitment.  What makes the consummate love relationship work is that all the key elements are reciprocated equally.  With intimacy and the desires to learn, grow, and share with each other, continuing to make the fires of passion flame through touching and play, and the knowledge that each partner is committed to the longevity of their relationship all combine to form that consummate love relationship. 

Part II: How attachment style affects types of love relationships.

Attachment styles are a learned trait infants acquire from the earliest contacts with their parents or caregivers: secure, avoidant, or anxious.  Humans in general are by nature social creatures; dependent on one another for the fulfillment of their basic needs of survival, procreation, and social connections (Bolt, 2004).  Because infants depend solely on caregivers to fulfill their basic needs, one of the three attachment styles develops depending on how the interactions transpire: warm and responsive, cold and rejecting, or ambivalent and inconsistent.  These interactions greatly affect how children perceive their social world and form emotional relationships throughout their lifetime.  Attachment itself has three key components: closeness, care, and commitment.  Both infants and adults desire a close physical connection; this allows the bonds of attachment to be made.  According to Bolt (2004), from closeness and proximity care is developed, “including both comfort and emotional support” (p. 25).  With extended time in a close, caring, and committed environment a sense of safety and security develops.  Long-term commitments are critical for developing mature loving relationships as adults.

Determining the type of love relationship an adult will have directly relates to the type of relationship that was nurtured as a child.  From birth, babies instinctually seek out relationships that are close, caring, and committed whereas an adult seeks out passion, intimacy, and commitment.  Looking at both child and adult relationship components, they are virtually the same, except passion not only indicates closeness, but a sexual element that encourages procreation.  Relationship styles are shaped by one’s parent and partner and directly reflect how well these components were learned.  A child who received warm and responsive care from his or her parent or caregiver is likely to develop a secure attachment style and therefore will be open to developing a secure or consummate love relationship.  Feeling comfortable with close relationships, physical touch, talking intimately with others, and able to make and receive the commitments necessary for a long-term relationship.  Passion’s created by physical closeness often will consume the relationship initially.  As this closeness increases, intimacy is developed through the reciprocity of sharing and caring about the partner’s well-being. 

Through time, both short-term and long-term commitments are formed, which leads to a strong healthy relationship.  For infants that received a cold, rejecting relationship with their caregivers, an avoidant attachment is gained as an adult.  Avoidant attachment can develop into passion, romantic love, and fatuous love, or even companionate love.  Avoidant adults are less likely to make the commitments necessary for a long-term relationship; wanting to maintain their own independence.  Behaviors of an avoidant adult are very emotional and sex without love is not unusual (Bolt, 2004).  Trust issues are also experienced with avoidant adults because of the inconsistency of their upbringing.  Anxious attachment also occurs when babies experience inconsistency with care.  As adults they are obsessive, untrusting, demanding, and jealous.  Love relationships for anxious adults are quick to passion, but become upset easily if feelings are not returned.  Other love relationship styles for anxious adults are fatuous love; falling head over heels in love without clearly knowing the individual or jumping at commitment with no other foundations, only to have a turbulent relationship.  Also, making more of intimacy than is genuinely there; becoming possessive and jealous over time spent with others.  

This is not to say because someone was raised by a cold and distant or ambivalent and inconsistent parent or caregiver, there can never be a long-lasting consummate love relationship.  Furthermore, just because an infant is raised in a warm and loving home does not mean he or she will never have relational difficulties.  Challenges in a relationship occur even in the healthiest of love relationships.  Knowing how relationship styles are acquired can help someone that may be looking for a love relationship, finds him or herself in an interpersonal relationship that struggles, or just wants a way to foster change in a relationship.  Assessing what elements may be needed to obtain a more secure attachment style is beneficial for any relationship.  Because each relationship is different, each couple will need to find their own correct mixture of the key components to fulfill their happily ever after.  Remember, overcoming difficulties in a loving relationship reinforces the bonds of attachment and nurtures passion, intimacy, and commitment.      

Reference

Bolt, M. (2004). Pursuing human strengths: A positive psychology guide. Retrieved from PSY/220 Website