What to Do When the At-Fault Insurer Says Minimal Property damage, You Can't be Injured.

There are a panoply of tactics that auto liability insurers rely on to undermine the claims of victims of crashes. we previously we focused on insurance adjusters asserting that the medical expenses incurred are " too high". https://www.maryland-law.com/library/five-tactics-at-fault-insurers-use-on-your-injury-case-1.cfm

 Today it is Chapter Two: "The Property Damage  was too minmal to produce lasting injuries."

This came into vogue with virtually all insurance companies about twenty years or so ago. It was always a tactic with defense lawyers wielding photos which showed the least amount of damage they could find as they cross-examined injured people.

It became explicit when Geico and other insurers categorized auto accident cases early in the claims process as " minimal property damage cases" and began asserting that they would not settle such cases. This served to discourage the less enterprising plaintiffs lawyers and also resulted in a massive influx of cases going into litigation.

At first some of the lower court judges seemed to accept a certain amount of this but they quickly realized that there was little actual correlation between property damage and human damage. People walked away uninjured from vehicles that were totaled ( Thanks Safety Technology) and others needed crash-related surgery, when their vehicles suffered limited apparent damage.

Academics began reporting their findings that the physical forces visited upon vehicle occupants were considerable despite their cars and trucks absorbing little apparent injury. What became increasingly obvious was the fact that a 150 pound human wasn't as durable as their 4000 pound SUV, when in a crash with another 4000 pound vehicle.

It is a little like professional football, where a 330 pound lineman hits a 200 pound quarterback and the latter is worse for the collision. More mass yields more force and when items in motion weigh 30 times as much as stationary vehicle occupants injuries will routinely occur.

So what does one do in the face of such a defense by the at-fault insurer?

The answer is go about your normal post-crash medical care, get as well as you can and ensure that your healthcare providers know that the relationship between their treatment and the accident is subject to scrutiny. This will motivate many of them to include in their reports the fact that your injuries are related to the specific crash and didn't magically occur shortly after your car or truck accident.

Such cases will continue to be more likely to go into lawsuits and litigation but have no fear, capable lawyers will step to the plate and counteract this insurance company nonsense.



Robert V. Clark
Maryland Car Accident and Personal Injury Lawyer