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Scottsdale Injury Lawyers Obtains Twice Initial Offer for Client’s Whiplash Injury and Car Accident Claim

By: Scottsdale Injury Lawyers LLC February 24, 2019 no comments

Scottsdale Injury Lawyers Obtains Twice Initial Offer for Client’s Whiplash Injury and Car Accident Claim

Scottsdale Injury Lawyers is proud to report a settlement reached with Liberty Mutual Insurance Company for over double its initial offer. The personal injury case and car accident claim arose from a car crash that took place in Scottsdale, Arizona on the evening of March 25, 2018. The car accident occurred at the intersection of Cactus Road and North Scottsdale Road.

As the client eased her car to a stop, the driver in the lane behind her failed to brake in time. The client was rear-ended at approximately 45 miles per hour as a result. The client was thrust backwards and then forwards causing stress and injury to her neck.

Despite this medium to heavy impact, the client’s vehicle sustained minimal damage. To further complicate the claim, the accident was not reported to law enforcement. No police came to the scene and no police report was created. The client did not report that she was injured to the other driver at the scene. Nor did she request medical treatment or that an ambulance transport her to a facility for medical evaluation.

In fact, the client never received emergency medical treatment at all and waited four days to go to a family doctor to report her injuries. The client presented to her doctor complaining of headaches and neck and back pain. X-rays were taken that were unremarkable and the client was diagnosed with a cervical strain. She received a Toradol injection for her neck pain and stiffness and was prescribed physical therapy.

The client completed physical therapy over the course of the next three months. Her physical therapy included approximately 20 sessions. Those sessions consisted of manual adjustments, ultrasound, therapeutic exercise, electric stimulation and hot and cold packs. The client made a full recovery and returned to her pre-crash health.

Despite her medical treatment, Liberty Mutual was skeptical regarding her car accident claim and whiplash injury. The adjuster for Liberty Mutual cited his belief that the impact was at a low speed and could not cause an injury. Liberty Mutual also stated that its insured confirmed that the impact was minor and at a very low speed. This was coupled with the fact that the client’s vehicle had very little damage. The repair estimate for the 2017 Jaguar she was driving was approximately $2,000—very low for a late model luxury vehicle.

In Liberty Mutual’s initial correspondence to our firm on April 2, 2018, its adjuster wrote:

“Thank you for your letter of representation. As you are aware, we are investigating this loss as a low speed vehicle accident. Generally, these types of impacts result in forces which are comparable to everyday life experiences and do not result in significant injury.

The position set forth by Liberty Mutual’s insurance adjuster is typical of insurance companies who brainwash their employees to believe that low speed collisions cannot cause injuries. Of course, there is no reliable data to support that low speed collisions cannot cause injuries. In fact, there are experiments and studies that show that low speed collisions can, and do, cause injuries including the type of injuries that our client sustained.

In fact, there are experiments and studies that show that low speed collisions can, and do, cause injuries including the type of injuries that our client sustained.

In addition to this, our firm took the position that this was not a low speed collision and that the damage to our client’s vehicle did not accurately represent the force of the impact. The at-fault driver had texted our client asking her not to run the claim through his insurance. Instead he wanted to pay her cash on the side. In his texts to our client, he admitted that he was driving fast at the time of the collision.

The actual text message from the at-fault driver

We presented this evidence to Liberty Mutual to show them that the collision was at a higher speed like our client claimed. Despite this evidence, Liberty Mutual refused to back down from its position and offered very little to settle her personal injury case. The amount offered did not even cover our client’s medical expenses.

We responded to Liberty Mutual Insurance with a letter that detailed a recent verdict that lead personal injury attorney, Tony Piccuta, obtained in Maricopa County Superior Court. That case also involved a rear end collision with little to no damage to the client’s vehicle. Our letter set forth:

“The last time we received an offer as unreasonable as what you presented for our client’s claim was in Deaner v. Santini (Maricopa County Sup. Ct.). We tried that case accordingly. The highest offer in that case at any time was $22,000. We received a $240,000 jury verdict. It is attached.”

Shortly after sending this letter and putting Liberty Mutual on notice that we hold insurance companies to task when they act unreasonably, it increased its settlement offer. Eventually, the case settled for over twice what was originally offered and allowed the client to pay off all her medical expenses and still provided her with a significant amount for her pain and suffering.

If you or a loved one has a personal injury or car accident claim, it is important that you find personal injury attorneys who have proven results. The personal injury attorneys at Scottsdale Injury Lawyers have gone to trial and obtained settlements and verdicts that the insurance companies are fearful of. We have a reputation and proven track record that will help you and your loved ones receive maximum compensation for your personal injury claims. Contact one of our personal injury attorneys today for a free consultation.  

About the author: The content on this page was written by Scottsdale personal injury attorney and civil rights lawyer, Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.

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