I have a current client who was injured when the at-fault party failed to yield the right of way and turned left in front of my client. The police report listed my client’s rate of speed prior to the collision at 45 mph. The photos of the vehicles show significant damage to both vehicles. The collision was violent enough that my client’s air bags deployed. The damage to my client’s vehicle was so extensive that the insurance company for the at-fault party declared the vehicle a total loss and reimbursed her for the market value of her vehicle. However, despite all of this, I recently received a letter from the at-fault party’s insurance company that stated, “we are investigating this loss as a low speed vehicle accident.” The letter further stated that, “please be advised that the facts that have been gathered thus far indicate that this was a low speed accident.” Say what?!
When confronted with the facts of this case and the language contained in the letter, the insurance adjuster claimed that the letter was a form letter that is sent out on all cases. Anyone who has dealt with an insurance claim or insurance company is probably not shocked by this story. However, it is disingenuous at best and unethical at worst for an insurance company to send out a form letter to all claimants that claims that the accident in question was minor in nature. But those are the types of tricks that insurance companies attempt to pull on claimants. Those types of letters are precisely the reason that claimants feel the need to employ an attorney in order to deal with type of insurance behavior.
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