Ernesto, a client of Mission Viejo accident lawyer John P. Burns, was injured in a rear end car accident. There was relatively minor damage to the car. Ernesto treated one time with an urgent care doctor and then for three months with a chiropractor. Mr. Burns negotiated a settlement with the insurance company of the other driver for the entire amount of that driver’s insurance policy. Attorney Burns then filed a claim for Under Insured Motorist benefits with Ernesto’s own insurance company. Ernesto’s own insurance company then added an additional amount of money to the settlement for Ernesto.
Amount of Car Damage
When there is minor damage to a vehicle in a personal injury case, an insurance company will usually look closely at the amount of the damage. The insurance company wants to know if the lack of visible damage shows that there was not enough impact to cause injury. In Ernesto’s case, there was a combination of a $2,100.00 car repair estimate plus the photos of the damaged rear bumper cover hanging loose. These two findings combined were enough to convince the insurance company that there was enough impact to cause injury.
See a Medical Doctor before Starting Chiropractic
The fact that Ernesto saw a medical doctor for one visit before being treated by a chiropractor also helped Mr. Burns in achieving a favorable settlement on Ernesto’s case. Insurance company now use claims evaluation software systems, generally called COLOSSUS. This software is programmed to determine case values. The software gives more credit for chiropractic treatment if the injured person is first diagnosed by a medical doctor as injured, even if the injuries are relatively minor.
American Medical Association Impairment Rating
Attorney Burns also had Ernesto examined by an orthopedic surgeon who has special training in the rules of the American Medical Association Guides to the Evaluation of Impairment. The examination by the orthopedic surgeon resulted in the orthopedic surgeon finding that Ernesto had suffered 8% impairment in his functioning due to the accident. The insurance company Colossus software also pays more to settle cases where a specially trained medical doctor diagnoses impairment in the injured person.
John P. Burns Gets Extra Money for Ernesto
In addition to having purchased the usual insurance on his car, Ernesto had also purchased Uninsured Motorist insurance on his car policy. After John P. Burns settled Ernesto’s case against the other driver for full insurance policy limits, Mr. Burn then submitted the same claim to Ernesto’s own insurance company. That company added several thousand dollars more to the claim. Ernesto thus received the benefit of the settlement against the other driver plus additional money from his own insurance company.
Attorney John P. Burns Recommends Uninsured Motorist Insurance
Mission Viejo accident lawyer John P. Burns, the Orange County Accident Lawyer, encourages all drivers to purchase Uninsured Motorist coverage on their car policies. When a client does and the injuries are significant, Mr. Burns can usually obtain money for his client, not only from the person who caused the accident, but also from the injured client’s own insurance company.
Resource Box:
If you have a case you would like to discuss, please feel free to call Accident Attorney Mission Viejo John Burns at 949-496-7000 or toll free at 877-320-1338. There is no charge to talk about your case or to answer your questions about your case. You can also e mail Mr. Burns at john@johnburnslaw.com to discuss your case, or visit the website at http://www.theorangecountyaccidentlawyer.com
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