QuestionThank you for your time in helping me out. I (the driver of a small 1996 nissan pick-up truck) was rear ended almost two years ago (other car received no damage [lexus sedan] and I suffered a horrible wiplash injury. My girlfriend (passenger), was not injured, only a minor shock. My rear bumper was slightly bent, but not horrendously. It was replaced. I won in small claims court ($7000), but the insurance company has appealed.
Q: The automobile insurance first refused to pay my health-care costs and pain and suffering because the damage to my truck was below $1,000 ($600) and they believed the damage didn't match my tissue damage I received. Now that they have appealed, and have a lawyer, I have to prove more beyond a reasonable doubt that such and impact could result in a whiplash injury (and result in ~$5k in bills) without much car damage.
So, how can I go about proving this?
Should I seek past court cases that have presided in manners similar to mine?
What would you do?
Should I seek a collisions expert?
Should I seek a lawyer (I'm broke by the way)?
Can I seek more money?
AnswerHi Jose,
This is a difficult situation. First, you do not need to prove your case beyond a reasonable doubt. The burdon of proof is the same. It's called a preponderance of the evidence. This means you simply have to tip the scales more in your direction.
It is difficult to prove significant injury with minimal damage. Trying to find other cases would be helpful. Having your doctor or chiropractor come to court to testify would also be good. Finding an expert in collison physics would also be good. Unfortunately, all of these options will cost money. An expert or even your doctors may charge $2,000 or more to testify in court. You should call them and ask what their fee would be.
If none of that is possible, then you will just have to do your best on your own.
I hope this helps
Richard Hixenbaugh
