Yes, you can lose, even if you were rear-ended.

Some folks think that rear end automobile accidents are a “shoe in” to win.  Over my years as an adjuster, covering most of the southeast and even some of the southwest, I’ve seen them lost from time to time.  Attorneys and claimants alike would think I was crazy when I would bring it up, but it does happen.

Here’s the latest case of this nature that I’ve seen.  Apparently the plaintiff won the issue regarding the defendant being at fault, but the plaintiff lost on the issue of any of the injuries being related to the accident.  Why?  Well, it appears to have been a fairly minor accident and the plaintiff appears to have had a history of medical problems, which lead up to this accident.  In short, the jury didn’t believe the plaintiff.

At the end of the day, its still a popularity contest and you never can predict what a jury will do.

This entry was posted on August 18, 2009 at 1:01 pm and is filed under Litigation, Injury Law, Insurance Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.