QuestionQUESTION: My wife was in a minor car accident where there was minimal damage to both cars. However, she complained of neck pain and we went to the ER to get her injury checked out. The doctor said he sprained a joint in her neck and prescribed her medication and discharged her. We filed a claim, and State Farm is denying the claim because there was not enough physical damage to the car to justify a physical injury. What should we do?
ANSWER: Mr. Locke,
State Farm's position is common on cases where the property damage does not look terrible. Although their position is common, it only works in certain scenarios. Depending on where this claim occurred, you may not have a chance, but in a lot of the areas of the country, the amount of damage that is caused to the vehicle is deemed to be irrelevant evidence as it relates to an injury, and the insurance company is not allowed to show photos of the damages. In these areas, if a doctor diagnosed any type of injury, the it will be hard for the insurance company to avoid losing if the case is presented to a jury. It is definitely possible to suffer a muscle strain or sprain when the physical damages don't seem that bad. There are just too many factors involved in collisions to support making a denial just based on the amount of damages.
Unfortunately, insurance companies win a lot of these types of cases because they know it is not worth it for you to file a suit over a claim that might be worth $1000 or so. They win because people give up or don't know how to fight without spending money on an attorney. If you can't get the insurance company to make an offer by being persistent, then you'll have to decide whether it is worth it for you to spend the time filing a small claims suit (in most States, a small claims suit is very helpful in getting a negotiation moving, and initiating a small claims suit is normally very cheap).
Although we cannot offer legal advise, we can show you where to find the information you need in order to properly pursue your claim. Information is always free at Petty Details, LLC!
Good Luck!
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QUESTION: Do you know what's states do not allow vehicle damage in court? Or where I can find this information? The accident happened in Washington dc.
Thanks!
AnswerI do not have access to all the case law in every state, and I am not an attorney. I think I can help, though. . . .
Take the time to go to this link http://www.google.com/#sclient=psy&hl=en&q=vehicle+damage+photos+excluded+from+t and download the article, it is exactly the information you need to understand to answer your questions for yourself! I hope this helps, and if you can't find the download, look me up directly and I'll send it to you. Information is always free at Petty Details, LLC.
JP
