1. 2008
Annual Conference

2. Boutwell & Associates, LLC
Anne Davis, CPCU, AIC
State Farm Insurance
Ryan DeMolli
Afni, Inc.
Candace M. Boutwell
Boutwell & Associates, LLC 2

3. An Insurance Company’s Perspective How You Structure is Important
Structure your organization effectively to maximize recovery potential from uninsured parties.
Leverage your size and referrals to vendors to handle your business.

4. Identify Effective Vendors
Use the right type of vendors in the right locations.
Do the vendors provide all of the services you’re looking for?
Conduct performance evaluations.

5. Investigate, Investigate, Investigate
Do a thorough investigation on the front end to identify:
Does another insurance carrier exist?
Get as much information about the uninsured party as you can.
Obtain important information such as police reports.
Ensure you have a solid analysis of liability.

6. Use Your Legal Resources
Can we suspend the driver’s license of the uninsured party?
How can we leverage our information to get the party to pay us?
Know your state laws and regulations.
When do you need a judgment?

7. Pick Your Vendor Pick the right vendor….. Do you need:
A Collection Agency Firm?
A Collection Litigation Firm?
An Attorney?

8. “How to Make ‘Em Pay” Locating the Claimant Notifying the Claimant
Contacting the Claimant
Educating your staff
Following Through

9. Locating the Claimant
The ability to locate the claimant is the single most important step in collecting from the claimant.
Ways to locate the claimant
Search engines
Internet
Skip Vendors
Batch skip tracing
Human skip tracing
If you are unable to locate the claimant either and address or a phone number you will not be able to collect. 9

10. Using Technology Using Technology to contact the claimant.
Dedicated letter and phone call strategy when an account is loaded into the system.
Be persistent, be in their face. Don’t let returned mail deter you.
Using technology to your advantage.
- Don’t wait get the process going
- The sooner you initiate the process the greater the likely hood that you have of contacting the claimant.
- Having the accounts that come back returned mail skipped in a batch process quicker / faster.
- Example of an account, returned mail disc phone, located new info sent more letters and located new phone then they paid. 10

11. Using Technology
Reducing the time frame in which you contact a claimant.
Increasing the turn rate or number of times an account can be touched within a defined period of time.
The quicker you can locate and contact a claimant the greater the probability will be that the claimant will pay.
Focused calls and letters to make the claimant call in.
The more you can contact a consumer early on the greater the chance you have at collecting on the account.
The older an account is the less likely a consumer will pay.
- They move, address is bad.
- Phone number changes.

12. Notifying the Claimant
Automated Letter series
Types of letters
Initial notice coupled with letter to the Department of Transportation.
No contact letter if no response on first notice.
Settlement letters, offering a reduced payoff.
Default Letter to the State if installment agreement is defaulted.
Pre Litigation notices.
Letters that go out systematically and you don’t have to make sure they are being sent.
Making sure that the Secretary of State is put on Notice of their lack of financial responsibility. 12

13. Contacting the Claimant
Making phone calls
Automated Dialer
Unattended messages
Manually dialed calls
Automated dialer system
Varies the time of day a claimant is called
Daily schedule
Weekly schedule
Multiple attempts per day if unsuccessful
Calling cell phones 13

14. Educating your Staff Proper training is key to successful collectors.
Negotiation skills
Using money sources
Using benefit statements
State Laws
Compliance
Moment of truth, is when you have the consumer on the phone.
Doing 3 things on each call
Urgency – setting the tone of the call
Letting the claimant up front know of the expectations
Control – maintaining control of the conversation
Don’t let them get what they want
Persistent – using professionalism to obtain the desired outcome.
Letting the claimant know the claim is not going away.
Closing the deal 14

15. Educating your Staff
Suspending the claimant driver’s license when applicable.
Knowing the state laws and using them to your benefit.
What types of Installment agreements to send
When to send the Default to State Letter.
Ensuring medical is included if it is pending.
When speaking to a consumer being credible can be key in closing the deal.
Consumer from Montana

16. Pre Litigation
Informing the claimant that failure to pay may result in litigation.
Ensuring the statute is protected.
Unfortunately not all claimants are going to pay,
When all else fails litigation may be the only course of action to pursue. 16

17. MAKE 'EM PAY AN ATTORNEY'S PERSPECTIVE
Scare 'Em
Sue 'Em
Stalk 'Em
NOTE: Just kidding! 17

18. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Scare 'Em
Demand Letter
Key Components:
Offer Promissory Note
Provide consequences if judgment is rendered 18

19. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Scare 'Em
Promissory Note
Key components
Offer the payment arrangement you want
Make the payment size reasonable
Explain consequences for defaulted payments 19

20. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Scare 'Em
Credit Card Authorization Form
Give the claimant the option of monthly payments via credit card 20

21. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Scare 'Em
Demand Letter
Promissory Note
Credit Card Authorization Form
Telephone Calls
BEWARE OF THE FAIR DEBT COLLECTION PRACTICES ACT 21

22. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Sue 'Em
Consent Judgment
Default Judgment
Judgment After Trial 22

23. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Stalk 'Em
Record the Judgment
Suspend the Driver's License
Garnish the Wages
Post-Judgment Interrogatories
and/or Request for Production
Motion to Compel
Motion for Contempt
Warrants
BEWARE: The above could lead to calls in the middle of the night about the
arrest of your claimant 23

24. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
Stalk 'Em
Record the Judgment
Suspend the Driver's License
Garnish the Wages
Post-Judgment Interrogatories
and/or Request for Production
Demand Letters
Telephone Calls 24

25. MAKE 'EM PAY—AN ATTORNEY'S PERSPECTIVE
CONCLUSION
The laws are different in every state and some of the suggestions discussed may not apply. Every state has differing ethical considerations that will need to be taken into account along with the state and federal requirements of the Fair Debt Collection Practices Act. 25