Learn about common defenses used by insurance companies to reduce or eliminate car accident injury claims and how we overcome them.
The law is tricky, isn’t it? What might seem to be an obvious case to any reasonable person could actually hinge on a complex legal issue. Insurance adjusters and insurance defense attorneys are often tasked with muddying the waters. They are often instructed to throw as much as they can against the wall and hope at least some of it sticks.
That’s what adjusters and insurance defense attorneys do. It’s their job.
Here are some defenses they might try to utilize to minimize or eliminate your personal injury claim:
- Using Comparative Negligence Against You
In Texas, you can be held partially at fault for an accident. This is by far the most common defense in car accident cases. Even in a rear-end collision the insurance adjuster or defense attorney can argue you swerved or stopped suddenly. Or, they might say you failed to use your turn signal.
How We Overcome This Defense: Credible witnesses, common sense, and consistent statements. We seek out independent witnesses who can provide evidence of how the collision actually took place. We prepare clients for recorded statements so that they can respond to questions with common sense responses that illustrate the at-fault party was the sole and proximate cause of the collision. We refresh client’s recollections so that statements provided in court and to insurance adjusters and defense attorneys are consistent with prior statements that were given.
- You Already Had Some of Your Injuries
If they can’t get you on partial fault, the adjuster or defending attorney might try to minimize your claim by suggesting you had pre-existing injuries or that the accident wasn’t the cause of your injuries. For example, let’s assume you went to the hospital twice in the two years leading up to the car accident complaining of back pain. Following the wreck you complain of back pain and discomfort. Are the adjuster and defense attorney going to suggest you already had a bad back? You bet.
How We Overcome This Defense: A paper trail showing your medical history, or lack thereof can often be the best evidence to dispute claims that your injuries were pre-existing or that the collision was not the cause of your injuries. In addition, focusing on any new symptoms that developed following the wreck is very important. For example, if during the pre-accident hospital visits you didn’t complain of numbness, tingling, or radiating pain and those symptoms only developed following the wreck a jury could easily conclude that it is more likely than not that the new symptoms were directly caused by the motor vehicle collision.
- Imply You’re Doing It for the Money
Insurance adjusters and defense lawyers seldom call accident victims “greedy.” After all, jurors would likely be offended if a lawyer attacked a person in such an outright manner. However, they will certainly ask questions in such a manner that they imply you are motivated by money or are not being completely truthful.
How We Overcome This Defense: We provide a logical and legally sound argument as to why you’re seeking the amount of damages you claim. Adjusters and jurors need to be reminded that our system of justice is not perfect. In an ideal world an innocent victim who had to have a leg amputated because of another driver’s negligence would be provided a time machine to go back in time and avoid the wreck before it happened. Time travel is obviously not possible and monetary damages are the sole remedy to compensate victims for their injuries.
- Attack Your Personal Credibility
The adjuster or defense attorney is also unlikely to call you a liar. After all, such an attack would likely seriously damage negotiations or offend jurors. They are, however, exceedingly likely to casually suggest you’re exaggerating your story so you win the case or get more money.
How We Overcome This Defense: We’ll build the case that you’re a decent, honest Texas citizen who doesn’t want any trouble – only fair compensation for your injuries. We will point to positive factors such as community involvement and work history. We will meet any arguments head-on and make sure jurors understand what the defense attorney is really suggesting if litigation is necessary.
The above tactics are straight out of the insurance company playbook. They use them time and time again.
But don’t worry…we’ll make sure you’re ready for them so you can win your claim and get fair compensation… and 90% of claims are settled out of court. That’s yet another reason why you look for the very best personal injury lawyer you can hire…not just the first one you can find.