When The Other Side Fights Back

Posted on: 29 June 2022

Many auto accident victims wrongly assume that getting paid for their damages will be a simple matter. However, when the damages are high, the at-fault driver's insurer may use various defensive strategies to fight back against paying victims what they should. Read below to find out about some of the defensive moves to be on the watch for.

You Were at Fault

The driver found to be at fault must pay the damages of both drivers, at least in most cases, and this is the most important issue to resolve before your case can move forward. You might have thought that fault was clear in the accident, but both sides may not agree on that issue. Fault is usually proven by looking at several forms of evidence in the case such as:

  1. The accident report created by law enforcement who arrived at the scene of the accident
  2. Photographs of the vehicles, the accident scene, roadside damage, and more
  3. Video of the accident as it happened
  4. Statements by eyewitnesses
  5. Accident reconstruction by experts

Your Injuries Were Already Present

Another common defensive move is for the other side to claim that your injuries are not the result of the most recent accident but of a previous accident. They may even dig into your medical records and find where you were treated for nearly any type of medical condition and use that as proof of a preexisting condition. However, previous accidents, previous medical conditions, and even current medical conditions likely have no bearing on your accident injuries. Speak to a personal injury lawyer about proving that your injuries are unique to the accident in question.

You Failed to Seek Medical Care

This defensive move can be extremely damaging to a victim's ability to gain compensation. It's important for victims to seek immediate medical care after an auto accident. If you wait, not only could a medical issue worsen, but you may also introduce doubt into the accident claim. After all, if you are now claiming that you were injured and asking for compensation, why did it take you so long to seek medical treatment after the accident? If your injury did not raise any symptoms right away, be prepared to explain why you waited. By the way, accident victims should realize that they cannot be paid for lost wages and pain and suffering if they did not have any physical injuries because of the accident.

To find out more, speak to a personal injury lawyer.


injured due to a mechanic's neglect

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