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Profiting off of car wrecks

This story is about people who are in the business of profiting off of car wrecks. And how they end up with your personal information.

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Comments
Gerrysch - 5/17/2012 9:48 AM
0 Votes
@ Badcop. I don't know if we're really in a debate. We don't seem to disagree that much. Apparently there was some proposal before the legislature to restrict solicitation for a period of 30 days after a motor vehicle accident. That sounds fairly specific and rationally related to a legitimate state interest. I would think that would pass constitutional muster with sufficient evidence to support it. Of course, I'm not on the Supreme Court. I could be wrong. My point is only that as it stands, the rules governing lawyers and doctors is different. I don't think you disagree with that. My other point is that there is no rule prohibiting direct solicitation by doctors and that the one we had was overbroad. I don't disagree with you that a properly worded statute would be constitutional. Finally, apparently you were involved in testifying in favor of a proposed statute that--frankly--I don't know anything about. I could look at it, I guess. Who knows, maybe a new proposal will come up next time the legislature meets.

badcop - 5/16/2012 2:08 PM
0 Votes
Gerrysch, What got all the attorneys in a tizzy was the trial lawyers thought it was restricting them from mail-outs. The law simply restriced medical providere from making direct contact for 30 days after the car crash. These "Runners" do not even pay for the report as you and I would have to do. You and I have to fill our an FOI and pay $10, but they dont. And as the runner on the speciall said, almost all have criminal records themselves. There is no record of them fileing an FOI on anyone, but they have all your information...and your children if they were in the vehicle. These runners literally make hundreds of thousands of dollars a year. A small runneer testified in a plea agreement in Faulkner County Circuit Court that she mad $125,000.00 a year "Running". She is a small one! The Runners in LR make 6-7 times that much. The runner in the special said they make $200. They actually make $300 for each patient that treats at least five times at the Chiropractor. If you are an attorney, you need to realize they are telling people not to hire you. As the runner on the recorded phone call in the feature story said. I have seen where the Governor and Attorney General opposed a constitutional statute without even reading it. The Deputy AG told me so herself. Ahe said all she was sent to the hearing for was to oppose the bill, she knew nothing about it. I contend it is because of the MONEY these Chiropractors pay to these politicians. The Chiropractic community is not going to police it's self like the attorneys have done. It hard to say honorable lawyer isn't it? Honestly, I am not benefiting in any way from this other that it is in my opinion as I testified in the hearing before the committee, this is a "Criminal Enterprise" by every meaning of that statute. Good debate though, thanks.

Gerrysch - 5/16/2012 10:09 AM
0 Votes
@ Badcop, I'm not suggesting that every statute prohibiting direct solicitation is unconstitutional. You are correct that other states have restrictions that could survive constitutional challenges. You could create a statute sufficiently narrowly drawn to fit within the constitution. What I'm saying is that the regulation we actually had was struck down as unconstitutional in Culpepper v. Arkansas Board of Chiropractic Examiners, 343 Ark. 467 (2001). The Arkansas Supreme Court did a better job than I could of explaining its reasoning, so if anyone is interested just Google the decision. I have never seen any indication that the Governor or the Attorney General or the Insurance Commissioner opposes a constitutional restriction on direct solicitation, so I can't comment on that. If an unconstitutional statute were proposed, it would be the obligation of the constitutional officers to oppose it. They all swear to uphold and defend the Constitution of the United States and the State of Arkansas. My gut reaction--and that is all it is--is that they would support reasonable and limited restrictions. That could be enough to keep these guys off our front porches.

badcop - 5/15/2012 9:36 PM
0 Votes
First off, other states have statututes limiting direct solocitation and it is not unconstitutional. These runners represent themselves to be with the insurance company and tell you they will not pay unless you go to the chiropractor. As for as the Attorney General, Governor, and especially the Insurance Commissioner, these chiropractor's who use runners pour ten of thousands of dollars in their pockets. That is why they have opposed a statute making direct solocitation illegal. BADCOP

LSSLSM - 5/15/2012 7:11 PM
0 Votes
My son was involved in a no fault accident involving 3 cars. He said he was ok - he was barely bumped in the rear end of his 4wd 3/4T suburban by a much smaller car. I did not find out until he had attended over 3 sessions with a ciropractor (sp?)that he was actually being 'treated' by this facility. This so called 'Health Care' facility called my son's phone and twisted their wording so as to impress to my son that they were representing the 'At Fault' party and that he needed to 'come in' just to get checked out. Of course - they 'Found' my son had a neck injury, and are suing the ins co of the At Fault driver for their medical expenses. When I found this out I immediately sent my son to OUR doctor - and low and behold our doctor did not find ANY injury. I made a formal complaint to the Atty Gen - but I still do not know the outcome of the complaint - guess nothing as this so called 'Health Care' facility is still in opersation. Also called a couple of attorneys and none seem interested in taking the case. This should be considered malpractice, fraud, and extortion! These leaches/ambulance chasers need to be shut done and thrown in jail!

Gerrysch - 5/15/2012 4:49 PM
0 Votes
"Ethical" in this sense means in violation of official codes of ethics. Doctors and lawyers have different codes of ethics. The Rules of Professional Responsibility for lawyers restrict contact to mail. The rules for physicians don't have that restriction. There was a rule prohibiting chiropractors from direct solicitation, but it was so overbroad that in 2001 it was ruled unconstitutional. If you are hurt, you probably have the good sense to go to a doctor without a reminder from someone at your door or on your phone. If you aren't hurt, you just need to treat them like any other telemarketer or solicitor. Tell them you're not interested and end the conversation.

backinaction - 5/15/2012 1:26 PM
1 Vote
@Gerrysch..... Why is it o.k. for drs. to do this and not attorneys? It is just as "unethical" for drs.to do this as it is lawyers. I dont want or need anyone to call me after a wreck. I will handle my own medical and legal needs in my own ways. I dont need some "business drummer" bouncing at my door or ringing my phone.

Gerrysch - 5/15/2012 1:03 PM
0 Votes
Some of the comments say that lawyers are doing this. That should not be happening. While it is okay for doctors and clinics to drum up business this way, it is unethical for lawyers to call you on the phone or knock at your door to solicit business unless you or someone on your behalf asked them to contact you first. It is okay for lawyers to send you letters in the mail, and there are some good lawyers who do provide information about their services by mail. But uninvited in-person contact is against the rules, and the Arkansas Committee on Professional Conduct will take action if they catch a lawyer making uninvited in-person solicitations. The Arkansas Committe on Professional Conduct can be contacted at https://courts.arkansas.gov/professional_conduct/index.cfm

backinaction - 5/15/2012 11:31 AM
0 Votes
Its all about the almighty dollar. And if any of us think our government will do anything to change this, youre nuts. The government would lose billions if they prohibited people from obtaining accidents reports. Think of all the kickbacks the government would lose. My opinion is that if one is injured in an accident, they will seek representation and any physical/mental rehabilitation needed. I think people they thrive off of and rely on accidents as a living and chase accident reports are not worthy to be my lawyer or worthy of me using their medical treatments. These lawyers are not very reputable in my eyes, nor are the medical facilities that chase wrecks. They are only out for the money, they dont give a rats butt about the injured.

amberjack - 5/15/2012 11:25 AM
0 Votes
This is all due to the morons we call Attorneys, very low IQ with very little morals
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