![]() ![]() We quickly sent a letter to the other driver asking her that we wanted to analyze her car’s data. In a recent case, our client was ticketed for “failing to yield” when she was hit trying to cross the street. Last, just because you were ticketed does not mean you were at fault at all and we can help prove that. Second, even if you were somewhat at fault for an accident, you can still recover damages in Missouri and in Kansas (as long as the other driver was 51% or more at fault. First, the police officer may be going off incorrect information when he or she issued the ticket. This does not mean you do not have a claim for your injuries. We have had clients who were ticketed during the accident for “failure to yield” and the other driver’s adjuster used that against our client to deny a claim. “You were ticketed by the police officer for your role in the accident.” He had in fact torn his rotator cuff because of the car accident and after we were able to show the causal relation, the insurance company made a policy limits offer of $100,000.00. In that case, we could prove that our client’s arm/shoulder hit the console at impact, causing the damages to his shoulder. We have heard “there’s no way the right shoulder could be affected when you were hit on the left side” after our client suffered a rotator cuff injury. Many times adjusters will argue that there’s no possible way the injuries could be related to the accident based on how the accident occurred. “There is no way your injuries could be related to the accident” It is always important to not say too much to the other driver’s insurance company after an accident as they are trying to get you to say a statement against your interest (without you knowing it). ![]() If you were injured in a car accident but did not begin experiencing serious injuries until a few days after the accident, the insurance company will try to use a statement you gave them immediately after the accident against you or use it during settlement talks to put doubt in your mind about what your case is worth or to undermine your credibility. “You told us after the accident that you did not believe you were seriously injured.” Insurance companies will use any gaps in treatment to argue that the treatment is not related to the accident. The insurance adjuster usually argues that the chiropractic care came too late and the treatment could not possibly be related to the accident. ![]() Our personal injury client gets treatment for his or her injuries and then tries doing some physical therapy or self-help treatment at home but things don’t get better and then they start seeing a chiropractor again. “There was a huge gap in time between your doctor or chiropractor visits.” ![]() Expert testimony from any medical provider can easily dispel this argument. We hear the argument all the time from adjusters that because the victim did not go to the hospital fast enough after the accident, they should not have to compensate the victim. A lot of the time injuries sustained from a car accident take time to manifest as well. This was likely because adrenaline can take over and hide the pain you are experiencing. One of our lawyers has been rear-ended by a negligent driver once and the pain started the day after the accident. A lot of the time, injuries take time to develop. It is important that after an accident you seek medical attention even if you do not feel immediate injuries. “You didn’t go and see a doctor immediately after the accident.” Chances are if you were in a accident and have been dealing an unreasonable adjuster, you likely have heard one of these excuses: 1. We have compiled a list of some of the top excuses that the personal injury lawyers at Foster Wallace have heard from insurance adjusters for attempting to pay injured car accident victims in the Kansas City-area less than fair value for their claim. They will act like they are your best friend and listen to your story (all the while recording it and hoping you will say something against your interest). An insurance company’s goal is to get your injury claim resolved quickly – many times right after an accident when you do not know the full extent of your damages – and to pay as little as possible to you. Insurance companies are in the business of collecting as much premiums as they can and then paying out as little in claims as possible. You are about to find out, however, that you are wrong. You believe because you have been paying your premiums every month, have always been a safe driver, and you are a reasonable person who is not asking to receive more than what is fair that the insurance company you are dealing with is going to treat you fairly. You were injured in a car accident by a negligent driver. ![]()
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