If what I’m about to tell you did not happen in my client Cindy’s car accident injury case, she might have received no settlement at all. Instead, because of this one crucial thing, we were able to get her a $47,000 recovery despite her having no broken bones, not needing surgery, and not having any lost wages to claim.
So, let me tell you the story of my past client, Cindy.
Cindy’s Car Accident Case
Cindy was driving when, according to her, another driver swerved into her lane of travel and clipped her vehicle, causing her vehicle to spin out. She was transported from the scene of the accident to the hospital with primary complaints of neck and back pain.
Shortly after the accident, Cindy called me and explained what happened. I signed her up as a client and immediately started investigating her car accident. Cindy went on to receive physical therapy treatment for her injuries and ultimately stopped treating for her injuries after about five months. Her medical bills totaled a little under $14,000.
The Dispute
None of that was going to matter though, because when I first contacted the other driver’s insurance company, they advised that they were disputing liability. They claimed that Cindy came over into their insured driver’s lane of travel to cause the accident. If the insurance company was going to completely deny Cindy’s claim, she would get no money at all for her case. I knew I had to do something to get this insurance company to reverse their decision.
The Key Witness
After investigating the accident further, I was able to get in touch with an independent witness to the accident. This witness confirmed Cindy’s version of the accident. He was behind Cindy at the time of the accident and recalled seeing the other driver driving recklessly and swerving into Cindy’s lane of travel, clipping her vehicle.
I took this witness’s recorded statement to preserve his testimony. I also informed the other driver’s insurance company of the witness and provided them with his contact information. After the insurance adjuster spoke with this witness, they confirmed to me that they were admitting liability. This was great news for Cindy.
Settlement Negotiation
Once we gathered Cindy’s medical records and bills, it was time to see if we could negotiate a fair settlement on her case. I then sent a written demand to the other driver’s insurance company demanding that they pay out their policy limits to resolve Cindy’s claim. After some negotiation, I was able to get the other driver’s insurance company to agree to pay out the policy limits of $25,000.
But we didn’t stop there. I also pursued Cindy’s underinsured motorist insurance coverage, as the other driver did not have enough insurance to cover all of Cindy’s damages. I sent a written demand to Cindy’s underinsured motorist insurer and was eventually able to settle her claim for an additional $12,000, bringing her total settlement to $37,000. Additionally, Cindy recovered $10,000 in personal injury protection benefits to go towards her medical bills, making her total recovery $47,000.
Cindy was ecstatic.
Key Takeaways
The thing that absolutely saved Cindy’s case was tracking down the witness. If you have been in a car accident, I highly suggest you:
- Find Any Witnesses: Immediately identify and obtain the contact information (name, address, phone number) of any witnesses to your accident.
- Ask Witnesses to Stay: Request that they stay at the scene to give a statement to the police when they arrive.
- Preserve Evidence: Gather and preserve any statements or evidence from witnesses as they can be crucial in proving liability.
This is vital because the other driver may have a completely different version of how the accident happened. Independent witnesses can provide crucial testimony that often determines how liability is apportioned in your case.
Now that you know how crucial witness statements can be, if you want to learn more about navigating your car accident claim, watch the step-by-step car accident claim guide about to pop up right here. It’s so simple, even a caveman can master it.
Lastly, if you’ve been injured in Kentucky, remember: don’t wait; call Tate.
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