Law Technology

Adjuster Law: Not Enough Damage to the Car

I sent a demand package to an insurance company on a car wreck case with about $26,000 in bills for medical treatment and two herniated disks. The adjuster wanted us to get information on prior medical treatment because of the severity of the claim, they felt there had to be some pre-existing condition. We complied because that was information that we would need to gather if there was a lawsuit anyways. When that didn't turn up anything, the denied any payment.

The reason? Not enough damage to the car and they didn't believe that my client could have herniated two disks from that amount of collision.

When I talked to my client his response 'Well Dave, there wasn't too much damage to my car. I was driving a Nissan Titan. The guy who hit me, his car was totalled. It was a crumpled mess that had to be towed away from the scene'.

Of course, the car that was totalled belonged to the adjuster's insured, so she was well aware of that, but any reason to deny a case.

Full post as published by South Carolina Trial Law Blog on November 19, 2009 (boomark / email).