First, become familiar with the identities of the 3 different people that have a right to speak for the at-fault party: the insurance adjuster, the defendant (the at-fault party), and the defendant’s attorney. Understand that any one of them might refute the allegation that the defendant’s actions have caused the reported injury.
Suggested action for injured party, if denial has come from adjuster:
Demand proof of the fact that there is a basis for the denial. Insist on documented proof, such as presentation of a statute, rule or regulation that provides support to the adjuster’s argument.
Do not accept a memo from someone inside the insurance company, or from a lawyer. A memo has not been documented.
If adjuster insists on a readiness by the plaintiff to comply with the expectations that were linked to the presented material, refer the police report.
–Does that report confirm the claim made by either one of the disputing parties?
–If that report does not mention the officer’s opinion, regarding who was responsible for the accident, then ask who should be held liable for the reported injuries.
–Realize that this suggested approach could force the creators of the demand letter to reduce the size of their demand.
Suggested action if denial has come from defendant’s attorney:
Collect the medical records and accident report. Study those same documents, looking for facts that shed light on the nature and severity of the reported injury.
Hire a personal injury lawyer in Sydney and stay on top of the case. That could entail keeping a diary or journal, and recording the frequency for any repeated periods of pain. Also note the duration of each painful sensation.
Check with the treating physician, or with a specialist, in order to learn whether or not the attorney’s allegations appear reasonable, from a medical point of view. Sometimes those advocating for the defendant do not come forward with reasonable arguments.
Has the plaintiff been told that he or she should have been wearing a special type of protective device? That accusation might be made, if the plaintiff’s medical history has included mention of a chronic condition. Learn whether or not the treating doctor has ever heard about a patient that has chosen to rely on a device that is similar to the one suggested.
Recommendation if denial has come from the defendant:
Be careful when answering the defendant’s statement. Say as little as possible. Avoid saying anything that might be interpreted as evidence of shared fault. Realize that the defendant’s words have no air of authority. Those in a position of authority must weigh each of the defendant’s words against your own. Ideally, the evidence should work to support your claim.
