insurance

Settlement Offer More Than Doubled for Injured Passenger

Our client in this auto accident was the passenger in a car being driven by her daughter.  Their car came to an intersection with a four-way stop and, after stopping, they proceeded through the intersection and were broad-sided by another motorist who had failed to stop at her stop sign.  The other driver claimed to have stopped at the stop sign and adamantly denied that the accident was her fault.  The truth came out at the police investigation that ensued, when the second driver admitted that she had lied at the scene of the accident.

Oregon Auto Accident Injury Attorneys | Oregon Car Collision Injury Attorneys | Oregon Personal Injury Attorneys

After our client completed treatment for her accident-related injuries, the at-fault driver’s insurance company made her an offer to settle.  It was at this time that our client called the experienced Oregon auto accident injury attorneys at Dwyer Williams Dretke PC to see whether or not her offer was fair and to discuss her options going forward.  After an initial consultation, we decided that our client was being low-balled and told her that we could help her get a better settlement.  She hired us on the spot to settle her claim.  We contacted the at-fault driver’s insurance carrier and immediately began settlement negotiations.

After learning that our client had retained the tough Oregon personal injury attorneys at Dwyer Williams Dretke to represent her, the insurance company offered her twice the sum that it had initially offered her.  After several rounds of negotiation, we reached their top offer.  Even after subtracting attorney fees and costs, our client nearly doubled her recovery as a direct result of hiring Dwyer Williams Dretke.  We were glad to have been able to help her resolve this matter.

Generous Insurance Settlement Reached Despite Low Policy Limits

The details of another successful Dwyer Williams Dretke PC car accident injury settlement are as follows: our client, a young and able-bodied Central Oregonian woman, was having trouble starting her car.  She popped the hood and manually opened it while waiting for another motorist to pull forward and help her jump-start the car.  This motorist accidentally stepped on the gas pedal, which caused his vehicle to lurch forward and pinned our client’s leg between the two cars.  As a result of this incident, our client was seriously injured and she sought immediate medical attention for her accident-related injuries.

The at-fault driver’s insurance provider offered to pay the full policy limit toward our client’s injuries, but unfortunately the at-fault driver was only insured for the minimum amount required under Oregon law.  Under Oregon law, all vehicle insurance policies must carry at least $15,000 in Personal Injury Protection (PIP) coverage.  This meager amount was not enough to cover our client’s prohibitive medical bills.

Our client sought the help of Dwyer Williams Dretke PC because we are experienced auto accident injury lawyers with a track record of success throughout the state of Oregon.  She knew that she could entrust her legal situation with us and that we would secure her the fairest possible settlement given the facts and parties involved in this case.

After reaching out to the health providers that provided services to our client following her accident, we were able to get several to significantly reduce their bills.  We also convinced our client’s insurance provider to waive its lien on the $30,000 in medical expenses that it covered for our client.  Once these arrangements had been made, the case settled and all of our client’s accident-related medical expenses were taken care of.  Our client also received a reasonable settlement to compensate her for her pain and suffering.

Insurance Provider Settles Pedestrian Collision Claim

Dwyer Williams Dretke PC recently settled a lawsuit brought against the insurance provider of a driver who backed into a pedestrian in a grocery store parking lot.  This incident occurred several months ago.  At that time, a female customer was returning her shopping cart to the grocery store’s cart return area after shopping when she noticed a van quickly reversing in her direction.  She waved at the driver, indicating her presence and encouraging the van driver to slow down.  Unfortunately, the driver continued to reverse on his trajectory aimed directly at her instead of slowing down or stopping his vehicle.  In the final moments before the van struck her, this pedestrian instinctively extended the arm she had waved at the driver.  When the van collided with her arm, it jammed her arm into her shoulder and severely injured it.

The injured pedestrian contacted our law firm after learning that the at-fault van driver’s insurance provider was refusing to cover the costs that she incurred treating her injuries.  The insurer argued that this pedestrian could not have sustained any significant injury because the van was moving slowly when it hit her, thus the force of impact was minimal and incapable of causing her serious harm.  Dwyer Williams Dretke LLC has vast experience in personal injury law involving automobiles and specific expertise in pedestrian collision injuries.  We were happy to take this client’s case when she approached us and to negotiate with the recalcitrant insurance provider on her behalf.

Our client was not to blame for this collision.  She had done everything in her power to stop the van as it barreled toward her in the store parking lot.  She waved at the van and then, upon realizing that the vehicle was not slowing down to avoid hitting her, she raised an arm to help cushion herself from the vehicle’s blow.  She reacted to the situation efficiently, following her human instinct.  Our client is also not to blame for the injuries that she sustained in this collision.  Our client’s shoulder was severely injured when the van hit her.  The force of the crash tore her rotator cuff and invasive surgery was required to repair this damage.

When we informed the adverse insurance provider of the severity of our client’s injuries and provided them with medical records and physician testimony that confirmed that the injury was proximately caused by the collision, the insurance provider provided a new argument in defense of its refusal to pay our client.  The insurer conceded that our client had been injured in the accident and that the van driver was at fault for the collision, but it claimed that our client was partially at fault for her injuries because she had walked behind the van as it began reversing.  This second claim was as refutable and reprehensible as the first: our client didn’t intend to be hit by a car or to have her rotator cuff torn while walking back to her vehicle after depositing her shopping cart.  Our client was struck unexpectedly and at such an angle that her protective instinct to raise her arm to keep the van away resulted in severe and unforeseeable injury.

After several rounds of negotiation with the insurance provider, we were able to secure a generous settlement for our client.  She was a random pedestrian struck by a driver who failed to take in the environment around him and thus failed to drive responsibly.  The burden of responsibility for this accident and for the injuries resulting from it fell squarely on the van driver’s shoulders.  Our client was ultimately awarded medical expense reimbursement, lost wages, and a lump sum for her pain and suffering.  She was happy to have selected experienced personal injury lawyers to represent her and defend her interests in this unfortunate pedestrian collision claim.

Preexisting Conditions at Issue in Rear-End Collision

A driver in Eugene, Oregon, was recently the victim of a rear-end collision in which her vehicle sustained minor damage and she suffered a serious lower back injury. This driver contacted Dwyer Williams Dretke PC to represent her when her insurance company refused to pay her post-collision medical bills, claiming that her injuries were in fact preexisting health conditions. At the time of this accident, the injured driver had already been in treatment for three years for an existing lower back injury. She realized that she needed an expert in car injury law who could help her prove that her injuries were more than mere preexisting conditions. We took her case immediately.

The details of this collision are straight-forward. Our client was sitting in the left-hand lane of a two-way street, waiting to turn as soon as there was a break in oncoming traffic, when she was struck from behind by another driver. She was able to drive away from the accident and physical damage to her vehicle was minimal. The complicating factor that required the attention of an expert car accident injury lawyer was that at the time of the accident our client was already being treated for an injury in the same area of her back that was hurt in the collision.

Even though the property damage that our client sustained was minor and even though she already had lower back pain at the time of this collision, the amount and the nature of the pain and suffering that she experienced after the accident was different than what she experienced before being rear-ended. Medical examinations proved that a difference existed between our client’s preexisting lower-back condition and her post-accident back injuries. Despite this irrefutable proof that our client’s injuries were the result of the collision, her insurance provider did not want to pay her medical bills.

Once our client completed treatment for her injuries, which included doctor visits and extensive physical therapy, we obtained all relevant medical records. We then provided this documentation to the adverse insurance carrier, which ultimately accepted that our client’s need for treatment was related to the negligence of their insured and not to any prior accidents or on-the-job injuries. It took determined negotiation for Dwyer Williams Dretke PC, but we were eventually able to secure a fair settlement for our client that included reimbursing her medical providers and compensating her directly for the pain and suffering that she had endured in this painful rear-end collision.

Insurer Covers Rear-End Collision Injuries

Dwyer Williams Dretke PC recently settled a rear-end collision case whose details were all too familiar.  A passenger was sitting in an idling car at a red traffic light when that vehicle was abruptly struck from behind by another motorist.  While the two drivers emerged from this accident unscathed, the passenger in the idling vehicle sustained serious physical injuries.

Our client had several preexisting health issues that were all affected by the collision. However, when our client approached the reckless driver’s insurance provider to be reimbursed for the medical expenses she incurred as a direct result of the accident, she came away empty-handed.  The insurance carrier presented a two-pronged explanation of why it would not pay for our client’s cost of care: first, that the collision could not be the direct cause of our client’s injuries because damage to the vehicles involved was inexpensive and relatively minor; and second, that our client’s injuries were preexisting conditions and as such were not covered by their policy.

As experienced auto accident attorneys, Dwyer Williams Dretke PC recognized the fallacies in the insurance company’s position.  The extent of damage to vehicles involved in a collision does not have a direct or measurable correlation to the extent of the damage sustained by human beings within the cars.  Our client was at increased risk of getting hurt in any collision, regardless of the magnitude of impact or the extent of damage to cars, because of her preexisting health issues.  That stated, our client’s injuries cannot be conflated with her preexisting issues: they were far more serious.  Our client’s medical records and history made it amply clear that the auto accident aggravated her pre-existing conditions and brought her increased pain and suffering.

We presented this line of thinking to the insurance provider, as well as hard evidence underlying it in the form of medical records and the testimony of our client’s physicians.  These medical professionals all vowed that the accident worsened our client’s afflictions and that it should be considered the cause of her post-collision pain and suffering.  After several rounds of negotiation, armed with this evidence, we were able to get a favorable and fair settlement offer for our client from the insurance carrier.  Her injuries were not simply pre-existing conditions and they were proximately caused by the reckless driver who hit the vehicle in which our client was riding.  Our client was pleased with the settlement offer and with her choice of Dwyer Williams Dretke PC in this matter requiring car injury specialists.