Lauren Hysell, CSP’s Post

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Account Executive @ Fraud Sniffr, Inc. | CRM, Customer Engagement, Results-Focused, Claims Nerd

Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict. What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere? The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel? Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI. Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02j8GSP0 #NuclearVerdict #Defense #ClaimDefense #SIU #TruckingDefense #InsuranceDefense

Ghanshyam Acharya

Accountable Executive, Aspirant Data Analyst

8mo

The Rikki Tikki Tavi theory sounds like a brilliant approach to counter the reptile theory narrative in litigation! 🦎

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