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Joseph M. Ghabour & Associates LLC

I was rear-ended, with little damage to my car. The other driver's insurance company is denying my claim, as the damage was so slight. What do I do?

Sadly, more and more insurance companies are implementing a policy of denying bodily injury claims outright, or only offering a nominal sum to settle, when the property damage is below a certain monetary amount, like $1,000. The first thing you should know is that there is no credible scientific support for the proposition that injury potential can be determined based on the extent of property damage caused to the vehicle.

However, these "low damage" cases may be difficult to prove in court because jurors often believe that injuries cannot occur in low speed crashes. That is why you need an experienced personal injury attorney. Be sure adequately document all damage and all evidence that a collision occurred. This means taking photographs and compiling a thorough repair estimate. Do not repair the vehicle or accept a property settlement until you have spoken to an attorney. Drive safely, Drive defensively, and feel free to contact us for our free book on what to do if you're ever in an accident.

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