Personal Injury Litigation: The Importance of Following Up

Last week, I had an adjuster (from a company I won’t mention) that denied my client’s personal injury claim because the adjuster claimed to have a witness to the auto accident. My client had been injured in a car wreck when the other driver ran a red light while attempting to make a left turn.

According to the police report, there were two witnesses to the collision; one that saw the collision and corroborated my client’s story, and one that was listed but no other information was provided.  According to the adjuster, the witness that was vaguely mentioned in the police report was driving behind their insured.  The adjuster also stated that the witness saw the stop lights and that the insured’s light was green.

Unfortunately for the adjuster, I followed up…

When I called the witness, she stated she had seen the auto accident from the side and did not see the stop lights.  She also said she would testify to the fact that she wasn’t sure who was at fault.  Thus, if you’re keeping score, we had one witness, they had no witnesses.

When I confronted the adjuster, she immediately changed her tune and began to backtrack.   Because they had negotiated in bad faith, we have decided to file a lawsuit on our client’s behalf.  We don’t take it lightly when the insurance company lies.

My advice to other attorneys: take what the adjuster tells you with a grain of salt. Always do your investigation of the case, don’t let them do it for you.

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