Our client was driving in icy conditions. She safely stopped her car at a stop sign and was waiting for her turn to go when other motorist, traveling too fast for the conditions, failed to stop, and rear ended our client’s car. Unfortunately for her, this was the fourth time in the last six year that she had been involved in an automobile accident. None of the accidents were our client’s fault.
In the months prior to her most recent accident, our client had just finished her treatment for a prior automobile accident, and was in good health. She was back to her regular activities and was enjoying life. Because our client had the misfortune of being in so many accidents, she knew right where to go and sought immediate medical attention for her accident related injuries.
Our client had previously hired Dwyer Williams Potter attorney, Arne Cherkoss, to represent her for her other accidents and after seeing her treating physicians, she called Arne to schedule an appointment. At this point, our client was well versed in how insurance companies handled claims. She knew that while they might not dispute liability, they would attack the damage portion of her case, claiming the reason she needed treatment was due to the other accidents, getting older, or anything else they could think of to avoid responsibility.
Arne and our client had a good working relationship and knew what to expect. After she completed her treatment, Arne ordered the accident related medical records and bills. Arne also obtained copies of the prior medical records to prove that prior to the last accident, our client had made a full recovery without any residual symptoms. Arne evaluated her case and met with her to discuss the value of her case and a game plan for moving forward.
A demand package was sent to the adverse carrier. Not surprisingly, the at-fault insurance company wanted to review our client’s prior medical records. Having anticipated this, Arne was able to promptly provide the prior medical records to the adverse insurance company and settlement negotiations began shortly thereafter.
With documented proof of her condition prior to the accident, the adverse insurance company was not able to get much leverage out of her prior injuries. The records clearly indicated that our client had fully recovered prior to the most recent accident.
After several rounds of negotiations, the insurance company finally presented an acceptable settlement offer. The offer included payment of all of our client’s accident related medical expenses and a fair amount to compensate her for her pain and suffering. She was happy with the result and hopes this is the last time she needs to call Dwyer Williams Potter. However, she was happy with our representation and said if she needs a personal injury attorney in the future, she knows who to call.