Common Insurance Company Arguments - Part #3

Part #3� The plaintiff's earnings (W-2 and tax
If you read parts one and two of this series thenrecords) indicate a smaller earnings history than
you are already familiar with some of thehe has claimed.
excuses that insurance companies will use to� The plaintiff was paid in cash for prior
deny, delay, or diminish your car accident claim.employment and can't document his past earnings
But there are even more arguments that theand/or has no tax returns.
insurance company will use against you.� The plaintiff's employer has no official
Minimizing the Severity of the Accidentrecord (i.e., W-2) or other means to substantiate
� The property to damage to either orplaintiff's employment.
both vehicles involved was minimal.Pulling Out all The Stops - Other Common
� The plaintiff's vehicle was equipped withDefenses
shock-absorbing bumpers, headrests, seat belts,� The cost of treatment was excessive
which made impact injuries impossible orand the period during which plaintiff was treated
improbable.was excessive in light of the "standard" or
� No other persons involved in accident"customary" charge for such services.
had injuries.� The injuries should have healed within
� The defendant claims he was only3-6 mos., so any treatment after that is
going 5 mph or less.excessive or unnecessary.
� The damage repair estimate shows� The plaintiff went to work contrary to
only $1,000 of damage to plaintiff's vehicle.his doctor's advice and thereby aggravated his
� The plaintiff's airbags never deployedinjury and/or caused prolonged period of disability
so the forces had to be minor.and/or treatment.
� The defendant's airbags never� The plaintiff's doctor no longer in area
deployed so the forces had to be minor.or otherwise unavailable.
Using Your Medical History Against You� The plaintiff allowed the "Statute of
� The plaintiff made errors in recalling hisLimitations" period to expire, thereby forfeiting
medical and/or employment history to thepossibility of recovering anything for his claim.
insurance company which can be' discovered" by� The plaintiff was partially at fault and
defense during litigation.should recover less under the rule of
� The plaintiff had prior complaints of pain"Comparative Fault."
to the same area of his body before the accident.� Plaintiff has history of filing lawsuits for
� The plaintiff received medical treatmentthe purpose of collecting compensation.
to the same areas of his body before the� The plaintiff has a history of mental
accident.illness or emotional problems making him unreliable.
� The plaintiff had seen a chiropractor orThere are dozens of other arguments that
massage therapist before the accident.insurance companies commonly use to avoid
� The plaintiff had a subsequent injury,paying a fair and reasonable settlement for your
which was the cause of continual problemsinjuries. It is the insurance adjustor's job to find as
instead of the accident in question.many of these defenses and arguments as
� The plaintiff had no complaint of pain atpossible for the limited purposed of defeating or
the physical examination.minimizing your claim. He will question you very
� The plaintiff received mental healthcarefully. It all starts when the adjustor wants to
counseling or therapy before the accident so"take your statement". Once you give a
perhaps his complaints following the accident arestatement, and provide any information that
psycho-somatic.might support one or more of these "arguments"
Minimizing Financial Impact Caused by Your Injuriesit can be very, very difficult to later change the
� The plaintiff's doctor did notinsurance company's mind - even if their
recommend time off of work yet plaintiff tookargument is totally untrue! Information you give to
time off work.the insurance company early on in the claim can
� No doctor has stated that the plaintiffcause irreparable damage later on. Therefore, be
would lose work time in the future.very careful when speaking to the insurance
� The plaintiff had a poor attendanceadjustor!
record at work prior to accident.Seattle personal injury attorney Christopher M.
� The plaintiff would have beenDavis is the managing partner of Davis Law
terminated, on strike, or laid-off even withoutGroup. He brings over 15 years of practical yet
accident.innovative experience to personal injury cases. He
� The plaintiff had no job at the time ofpractices law in Seattle, WA. You can learn more
the accident and can't substantiate that he wasabout Mr.
applying at various places.