In the summer of 2012, a Pothitakis Law Firm client was riding his motorcycle on a city street. As he approached a local park, a vehicle backed into his path causing a collision. The incident resulted in significant injuries including fractures that required ongoing treatment and therapy.
The insurance carrier for the negligent driver took the position that the motorcyclist should have avoided the collision. Pothitakis Law Firm undertook an investigation to clarify the circumstances of the accident. After discussions with witnesses and the investigating officer, Pothitakis Law Firm solidified the opinion that the motorcyclist was operating his motorcycle appropriately and safely before the collision. Further discussion with the insurance company resulted in a significant settlement for the injured motorcycle rider.
This case illustrates how insurance companies look for each and every out when it comes to paying damages to those injured by the negligence of their insureds. Any defense that they can raise or argument that they can make will be set forth to try and reduce the damages that they will have to pay on the claim. For this and other reasons, it’s important to thoroughly investigate the claims to determine fault as well as the true value of the claims.