Updated on April 19th, 2023

Why does a car accident lawyer fail?

Many people ask, “Why do car accident lawsuit fail?” Flaws are the first thing insurance companies will use to deny a claim. When I worked at a national law firm hired by insurance companies to defend injury claims, we look for flaws in the plaintiff’s case.  The flaws may include:

A plaintiff didn’t hire a skilled accident lawyer.

Many lawyers have no trial experience. Many lawyers will settle cases before going to trial. Many lawyers only have experience representing injured persons and do not know how the defense attorneys attack a case. Likewise, many lawyers only have experience defending the responsible person and therefore do not understand how the plaintiff’s lawyer attacks a case. Many plaintiffs’ lawyers do not know how insurance companies value a claim.

A plaintiff did not seek proper medical care after the accident.

If a plaintiff delay in getting medical treatment, the insurance company or defense lawyer will argue that the plaintiff’s injuries are not severe. If a plaintiff were seriously injured, that person would go to the emergency room, urgent care, or family doctor.

A plaintiff lacks documents to support the claims.

A plaintiff’s words are not good enough to support a claim; for example, saying, “I have lost wages” is not good enough. A plaintiff must provide medical records and paystubs to support a claim.

A plaintiff said too much to the insurance company.

The recorded statements by the insurance, “This call may be recorded or monitor for quality assurance.” The recording is to assure that the insurance company’s quality of protecting their money, their insured, and stock owners; the recorded conversation does not protect the claimant. When I defended injury cases for insurance companies, we had recorded conversations made by the plaintiffs or their lawyers.

A plaintiff posted too much on Facebook, Instagram, or Snapchat.

The insurance companies and defense lawyer will search social media for postings and photos. If a plaintiff displays a selfie partying, that person is not that seriously injured. When I defended injury cases for the insurance companies, we hired experts to turn over every rocks and pebble on social media to use against the plaintiffs.

A plaintiff did not file a claim on time.

In California, the deadline (statute of limitations) for personal injury cases is two years from the date of the injury.

Brad Nakase, Attorney

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