I was rear-ended. The other driver’s insurance company, Geico, is denying my injury claim, stating that the damage to my car was minor and I couldn’t have been injured. But I was injured: my head hit the headrest and I was diagnosed with a concussion. Do I need an attorney?
When there is minimal damage to our client’s car, there is no question – we know from the outset that we will have an uphill battle convincing the other driver’s insurance carrier that our client was injured.
The defendant’s adjuster will hammer the “minimal damage” to our client’s car as justification for denying our client’s injury claim, or as justification for their low-ball injury settlement offer.
IMPORTANT EVIDENCE WHEN THE ADJUSTER CLAIMS “MINOR IMPACT”
When it’s a minor impact case, it’s important to look at not only the damage to our client’s car, but also the damage to the other car. Sometimes, the damage to our client’s car looks minor, but the damage to the other car is significant. The other driver’s property damage can help to prove the force of the impact.
To defeat an insurance company’s “minimal damage” contention, we also look into the position of our client’s body at the moment of impact. Was our client “out of position?” If our client was leaning forward at the moment of impact, or had their head turned to the left or right at impact, that can explain why our client suffered injuries that they otherwise wouldn’t have if they had been facing forward at impact, with their head protected by the headrest behind them.
EXAMPLE OF CLAIM ORIGINALLY DENIED BY GEICO BASED ON “MINOR DAMAGE”
In a recent case we handled, Geico originally denied our clients’ claim. We represented a driver and passenger who were rear-ended. The damage to both vehicles was minimal.
Geico originally denied the claim, contending our clients could not have been injured in the “minor impact” collision. However, after presenting Geico with medical evidence of their injuries and conveying that our clients were both out of position at impact, we were able to settle their claims for $30,000 each.
If the defendant’s insurance company is denying your injury claim, contending there was minor damage to your car and you couldn’t possibly have sustained injury, contact our law firm for a free consultation. We can’t guarantee that we can take your case, but we can guarantee that we will give you free advice on whether and how you should pursue your injury claim.