Minor Auto Accidents and Fender Benders

Insurers love the 'look at this tiny dent' argument. How low-impact soft-tissue cases are actually won.

Generally, the public believes that a plaintiff's lawyer can do the bare minimum and still settle an auto accident case. This is certainly not true, especially in minor impact auto accidents, also known as Minor Impact Soft Tissue or MIST cases. The general public believes these "fender bender" cases are not serious and occupy too much of our courts' time and money.

Info Gathering

First and foremost, it's important to get a good description of the client's positioning in the car when the accident happened, for example the position of the body, neck, and posture. Is it possible they have prior medical history that could have been negatively affected by this accident? If so, obtain all relevant medical history. If a doctor or chiropractor is treating the client, make sure they know all of the above as well. Lastly, during the first interview, ask the client for photographs of the vehicle involved and any estimates.

Low Property Damage

"Look at this minimal damage. Does it look like anyone could get hurt?" This is the favorite argument of the insurance company, questioning the causation between the accident and the injury. We can sometimes fight this argument by means of a motion in limine to limit and prevent the use of photos and estimates to argue low damage. If the judge does not grant our motion, we must have the photographs and estimates of both vehicles, because it is possible your car got minimal damage but the defendant's car has significant damage. Through the discovery process we are able to obtain these photographs and estimates.

Hidden Damage

Photographs of your car are needed from the repair facility when it is all taken apart for repair, also known as "torn down." When the car is torn down, the auto-repair shop might find hidden damage in the car's frame, which can greatly help your case. Why? Because it shows there was a much stronger impact in the accident than originally thought.

Trial Tactics

The final key to winning your low-impact auto accident case is making sure you have the right attorney using the right strategy at trial, should your case end up there. Great care must be used in selecting the right jury, making the correct opening and closing statements, and cross-examining the defense's biomechanics experts.

Minor auto accidents must be handled with just as much care, if not more, to get a successful outcome. Have you been injured in an auto accident? Let our office get you the maximum compensation you deserve. Call us now for a free consultation.