Auto Accident Attorneys
Olympia, Port Orchard, Tacoma, Washington
25 Examples of Legal Defenses And Arguments Used
By Insurance Companies
- Equipment defects in your vehicle: Tires bald, breaks not working, tail lights not working, turn signals not working.
- Your driving ability and perception was impaired by the use of alcohol, medication, or drugs.
- You had a hearing or vision defect and you weren’t wearing glasses or hearing aid.
- You were under doctor’s order not to drive.
- You exaggerated the wrongdoer’s speed and other facts surrounding the accident so as to diminish your credibility, which makes you an unreliable or unbelievable witness.
- You had warning of the danger within a sufficient time to avoid the accident if you had been paying attention.
- You could have avoided the accident if you had not been exceeding safe speed for conditions.
- You made an unnecessary and unexpected stop.
- You made an unsafe lane change without warning.
- You gave no stop or turn signal.
- You had made prior complaints and received prior treatment to the same areas of your body allegedly injured in the accident and your complaints after the accident hadn’t changed.
- You exaggerated your complaints related to the accident according to your medical records.
- Your family doctor’s initial opinion was minimal injuries, and no physical therapy or any other treatment was prescribed. You did not see the doctor again.
- No independent witnesses can be found substantiating your version of accident (you, not wrongdoer, have the legal duty to prove be a “preponderance of the evidence” each element of your case).
- Witnesses dispute your version of the facts or substantiate wrongdoer’s version.
- Investigating police officer is disputing your version of the accident.
- Cost of treatment was excessive and period during which you were treated was excessive in light of standard charge for such services in your community.
- No complain of pain at scene of accident by you to anyone.
- No indication on police report that you were complaining of pain at scene.
- You went to work contrary to your doctor’s advice and thereby aggravated your injury and/or caused prolonged period of disability and/or treatment.
- You did not get examined at emergency room day of accident or soon thereafter.
- Minimal property damage to either or both vehicles involved.
- Your employer has no official record (i.e., W-2 form) or other means to substantiate your employment.
- You received no treatment for substantial period of time following the accident.
- No medical opinion substantiating medical causation between the accident and your injury
It is the insurance adjustor’s job to find as many defenses and arguments as possible to use against you. The adjuster will question you carefully. It all starts when the adjuster want to “take your statement”.
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