Insurance Defendant Cannot Base Personal Injury Settlement Determination Upon Low Property Damages -Demand Letter - Personal Injury (Car Accident)


One tactic typically used by insurance companies is to use the amount of property damage in a car collision as a yardstick to determine the amount of injuries or medical expenses that should be “allowed.” It is common for an insurance company to deny any claim for injuries or medical expenses for what they consider to be a “minor impact” claim. But this is very flawed reasoning. In the first place, Texas case law holds that property damage photos alone cannot serve as evidence of speed or force of collision. In the second place, it is a huge leap to conclude how much injury may have been caused by a certain type of crash. Different people with different bodies can be affected very differently by the same crash.

In this case, our firm did the research and cited the applicable case law that the insurance company could not base their injury settlement determination simply upon the photos of the car damage. The client’s medical history and condition had to be taken into account.

Please see full Demand below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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