Driving & Driving Test Tips: How to convince your attorney that his expert is wrong?, jeep laredo, side fender


Question
My daughter was involved in a left turn accident at an intersection and this is now (5 years later) in litigation for injuries claimed ($400K) although there is no objective evidence of injuries. A MRI was done prior to and after the accident and both show no change.  

I was called to the accident scene by my daughter and the vehicle we both saw and remember that impacted her car was a new black SUV with a three bar "cattle catcher" bumper protector on the front.  The impact was a heavy sideswipe and the Black SUV had only scratches to the passenger side bumper and a slight bend to the center bumper bar.  The Sable was totaled as the bars tore up the side of the Sable as they went down the side. 4 years later we are informed and are shown a picture of the vehicle in the police report and it is a Blue Jeep Laredo with NO bars on the front.  We inform Our Lawyer of this issue. The accident reconstructionist hired by our insurance company or Lawyer has told the Lawyer that the Jeep is the vehicle that impacted the Sable.  The Lawyer does not believe us and will not depose me or bring up this vehicle switch. The accident investigator claims the impact was a heavy sideswipe and the Jeep impacted the Sable. There is damage to the front of the Jeep passenger side fender that looks like a guardrail tilted forward impacted the fender with a pushover of the first 5 inches of the fender to the right or inboard but THERE IS NO MOVEMENT OF THE SEAM BETWEEN THE DOOR AND THE FRONT FENDER.  There is damage to the Jeep passenger side plastic bumper but the damage is to the very end of the passenger side of the bumper and it has a flat impression parellel to the side of the Jeep with all curves pressed out as in a very heavy impact. There is a paint transfer from Jeep to Jeep that indicates movement from outboard to inboard as well as three other indicators in the damage that show the movement of the object across the front of the Jeep was from outboard to inboard.  The Sable would need to be moving backwards in the accident.

There is also a black paint transfer on the Sable rear passenger side rim that the accident investagator claims is from a tire.  The mark has longitudinal streaks without any smudgeing.

How do we get across to the Lawyer that his accident investagator is wrong.  No one appears to be able to read a photograph at the insurance company or the Lawyers office.

Answer
Get a new lawyer and expert.  by the way, there would not be any injuries in a side swipe type of collision.

The traffic reoprt should show the vehicle types and colors.  if there was not a report then there was no injury at the time of the collision and again there would be no injury with a side swipe.

400K is fatal injury range settlement and not soft tissue injury settlement monies.