| Part #3 | | | | |
| | | | � The plaintiff had no job at the time |
| If you read parts one and two of this series | | | | of the accident and can't substantiate that |
| then you are already familiar with some of | | | | he was applying at various places. |
| the excuses that insurance companies will use | | | | |
| to deny, delay, or diminish your car accident | | | | � The plaintiff's earnings (W-2 and tax |
| claim. But there are even more arguments | | | | records) indicate a smaller earnings history |
| that the insurance company will use against | | | | than he has claimed. |
| you. | | | | |
| | | | � The plaintiff was paid in cash for |
| Minimizing the Severity of the Accident | | | | prior employment and can't document his past |
| | | | earnings and/or has no tax returns. |
| � The property to damage to either or | | | | |
| both vehicles involved was minimal. | | | | � The plaintiff's employer has no |
| | | | official record (i.e., W-2) or other means to |
| � The plaintiff's vehicle was equipped | | | | substantiate plaintiff's employment. |
| with shock-absorbing bumpers, headrests, seat | | | | |
| belts, which made impact injuries impossible | | | | Pulling Out all The Stops - Other Common |
| or improbable. | | | | Defenses |
| | | | |
| � No other persons involved in accident | | | | � The cost of treatment was excessive |
| had injuries. | | | | and the period during which plaintiff was |
| | | | treated was excessive in light of the |
| � The defendant claims he was only going | | | | "standard" or "customary" charge for such |
| 5 mph or less. | | | | services. |
| | | | |
| � The damage repair estimate shows only | | | | � The injuries should have healed within |
| $1,000 of damage to plaintiff's vehicle. | | | | 3-6 mos., so any treatment after that is |
| | | | excessive or unnecessary. |
| � The plaintiff's airbags never deployed | | | | |
| so the forces had to be minor. | | | | � The plaintiff went to work contrary to |
| | | | his doctor's advice and thereby aggravated |
| � The defendant's airbags never deployed | | | | his injury and/or caused prolonged period of |
| so the forces had to be minor. | | | | disability and/or treatment. |
| | | | |
| Using Your Medical History Against You | | | | � The plaintiff's doctor no longer in |
| | | | area or otherwise unavailable. |
| � The plaintiff made errors in recalling | | | | |
| his medical and/or employment history to the | | | | � The plaintiff allowed the "Statute of |
| insurance company which can be' discovered" | | | | Limitations" period to expire, thereby |
| by defense during litigation. | | | | forfeiting possibility of recovering anything |
| | | | for his claim. |
| � The plaintiff had prior complaints of | | | | |
| pain to the same area of his body before the | | | | � The plaintiff was partially at fault |
| accident. | | | | and should recover less under the rule of |
| | | | "Comparative Fault." |
| � The plaintiff received medical | | | | |
| treatment to the same areas of his body | | | | � Plaintiff has history of filing |
| before the accident. | | | | lawsuits for the purpose of collecting |
| | | | compensation. |
| � The plaintiff had seen a chiropractor | | | | |
| or massage therapist before the accident. | | | | � The plaintiff has a history of mental |
| | | | illness or emotional problems making him |
| � The plaintiff had a subsequent injury, | | | | unreliable. |
| which was the cause of continual problems | | | | |
| instead of the accident in question. | | | | There are dozens of other arguments that |
| | | | insurance companies commonly use to avoid |
| � The plaintiff had no complaint of pain | | | | paying a fair and reasonable settlement for |
| at the physical examination. | | | | your injuries. It is the insurance |
| | | | adjustor's job to find as many of these |
| � The plaintiff received mental health | | | | defenses and arguments as possible for the |
| counseling or therapy before the accident so | | | | limited purposed of defeating or minimizing |
| perhaps his complaints following the accident | | | | your claim. He will question you very |
| are psycho-somatic. | | | | carefully. It all starts when the adjustor |
| | | | wants to "take your statement". Once you |
| Minimizing Financial Impact Caused by Your | | | | give a statement, and provide any information |
| Injuries | | | | that might support one or more of these |
| | | | "arguments" it can be very, very difficult to |
| � The plaintiff's doctor did not | | | | later change the insurance company's mind - |
| recommend time off of work yet plaintiff took | | | | even if their argument is totally untrue! |
| time off work. | | | | Information you give to the insurance company |
| | | | early on in the claim can cause irreparable |
| � No doctor has stated that the | | | | damage later on. Therefore, be very careful |
| plaintiff would lose work time in the future. | | | | when speaking to the insurance adjustor! |
| | | | |
| � The plaintiff had a poor attendance | | | | Seattle personal injury attorney Christopher |
| record at work prior to accident. | | | | M. Davis is the managing partner of Davis Law |
| | | | Group. He brings over 15 years of practical |
| � The plaintiff would have been | | | | yet innovative experience to personal injury |
| terminated, on strike, or laid-off even | | | | cases. He practices law in Seattle, WA. You |
| without accident. | | | | can learn more about Mr. |