"An insider’s view of the DBA. I don’t sugar coat it. I give it to you straight. No lawyer talk, no double talk.
Defense Base Act Lawyer - Bill Turley
Why should I hire a DBA lawyer?
This is a really good question.
First of all, a good DBA lawyer knows the law and the procedure (the rules). This case is probably your first rodeo, so to speak. Even if it’s your second rodeo, you don’t want someone that is getting on the job training. You’re hiring someone that can see the field, so to speak. (Sorry, to mix metaphors here).
Second, a good DBA lawyer doesn’t have the same emotional attachment to your case that you have. Folks almost always evaluate their cases based upon emotion, rather than logic and clear thinking.
I strongly suggest that you check out this article on the Top 10 Defense Base Act questions. (Question No. 2, on the list, and be sure to check Out Questions No. 3, 4 and 6, which are also about hiring a DBA lawyer).
Why will the Defense Base Act insurance company not pay my claim?
Insurance companies have a number of tricks, traps and schemes that they may engage in order to avoid paying you money for your claim. In my book, Win Your Defense Base Act Case I discuss many of these more common tricks, traps and schemes by Defense Base Act insurance companies. Just when you might have thought that you've heard it all. That's what my book is all about. But wait, there's more..... It's isn't pretty, but it's how they roll.....
A dirty, sneaky trick
In this article I discuss one such trick: “this call is being monitored or recorded for training or quality assurance purposes.”
Have you ever heard this when you call a company? I suggest that you be wary of this when you call any company. But you MUST be doubly wary when you hear this when you call an insurance company. This includes the Defense Base Act insurance company.
It’s even worse than it first appears
Your telephone call being monitored or recorded for “training or quality assurance purposes.” is potentially even worse than when you voluntarily give a recorded or written statement. Not to suggest that you should ever give a written or recorded statement with your DBA case. In fact, you should NEVER give a written or recorded statement with your DBA case.
When you know that you’re actually giving a recorded or written statement, you at least have some understanding that your words will be used against you. Not necessarily so, with the “training or quality assurance purposes” telephone recording scheme.
When you get right down to it, this nothing more than a sneaky (they might call it “clever”) way to violate your privacy rights. You might have heard that the law requires your consent to having your telephone calls recorded.
Do I have to give consent to being recorded on the telephone when I talk to the insurance company?
Some states (and federal law) require one party consent to recording a telephone call. That is, at least one person on the call consents and has full knowledge that the communication is being recorded. Other states, require both parties to consent.
Guess what? You just bought the farm.... literally and figuratively
With the “your telephone call being monitored or recorded for training or quality assurance purposes” scheme - you gave your consent when you didn’t object or hang up when you hear that your call was being recorded. As they say, you just bought the farm.
So when they say the call is being recorded or monitored for training or quality assurance purposes, you have agreed to have your call be recorded.
So when the DBA insurance adjuster asks you questions about how your incident occurred or your medical treatment or how you are doing, medically, they aren’t asking to be polite. They are asking because they are trying to catch you in inconsistencies or for you to provide information that they can use to deny your claim and/or benefits.
For example, in most instances, they already know how your incident occurred. They are receiving copies of your medical records, so they already know about your medical condition.
In many instances they will ask seemingly innocent questions that are designed to get you to give a response that can be used against you. It is all a trap to get you to say something that will be used to deny your claim.
“I’m telling the truth, so I’ll be good” and other famous last words
Don’t think for one minute that “I’m telling the truth, so I’ll be good.” The DBA insurance companies deny claims everyday of folks that are honest, with legitimate claims.
Whether you are telling the truth or not (and you certainly should be telling the truth); the truth is, “the truth” doesn’t matter to them. If they are about to trick you into inadvertently saying an inconsistency - - their lawyer is going to use that against you at your DBA trial.
Don’t think that the insurance company will only use inconsistencies against “those other folks” that are trying to defraud the system. What you are going to see is that the insurance company is going to attack the character and truthfulness of anyone that is bringing a DBA claim.
If you follow me or have read my book - Win Your Defense Base Act Case - you know I preach it like a mantra - ALWAYS TELL THE TRUTH. You're going to see (hopefully, not too late); trying to tell the truth isn't enough when they are trying to trick you into making mistakes. They go to school for this. They're really good at getting honest people to say things to screw their case up.
They aren’t going to provide you with a copy of your “statement” transcript
More freaking bad news.
Don’t expect the DBA insurance company to provide you with a copy of your “statement” transcript. At least not until you get to trial with your DBA case.
At that point, they will have tried to nail you down fifty ways to Sunday with every conceivable inconsistency possible. Both with other phones calls with the adjuster, your deposition with the insurance company lawyer, your medical records, your interview with the insurance company Labor Market Survey expert, your co-workers, your emails, incident reports, statements from your supervisors, whatever.
As you see, it can be any number of ways that they are going to drop the hammer on you.
It doesn’t have to be any one big thing. It can be several small things that impugn your character. I once heard a lawyer call it, “too many sorrys.” It adds up.
Don’t be a patsy
“As they say in poker, 'If you've been in the game 30 minutes and don't know who the patsy is, you're the patsy.'”
Warren E. Buffett, chairman of Berkshire Hathaway, in the company's annual report.
Don't do anything until you read my book!!!
Before you do anything related to your DBA case - including, but not limited to - talking to the insurance adjuster, signing any forms (do not sign any forms, releases, etc.!!), giving a recorded statement (don't give a statement!!!), going to your next medical appointment, attending an informal conference, attending a Labor Market Survey meeting, giving a deposition, attending a defense medical exam (also called an IME)... or anything else related to your DBA case - - you MUST first read my 5 Star book - Win Your Defense Base Act Case.
The last thing you want to do it for you to do things that are going to help lose your case. My book gives you an insider's viewpoint of the while DBA process. You need to know the rules BEFORE you lose the game (read: your DBA case).
Need help right now?
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This article isn't legal advice
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.
Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee in particular result in other cases. Including, your DBA case. Every case is different.