Insurance Company Obstacles to Avoid Paying Claims

The case is Safeway Insurance Co. v. Hanks involved a man who was pursuing an uninsured motorist claim with his insurance company after a hit-and-run accident. Mr. Hanks claimed injuries to his head, neck, back, and leg as a result of the auto accident. A jury found in favor of the plaintiff and awarded him $13,000. Safeway appealed, alleging that the trial court erred in allowing testimony from the man’s expert. The insurance company argued that Hanks needed a medical expert to testify that the accident caused him to suffer a herniated disk in his lower back.

Although there was evidence that the man was in a prior auto accident in which he suffered similar injuries, the radiologist testified that that a significant portion of the herniated disk had cured. The evidence was sufficient to support a jury instruction on the preexisting condition, and the trial court did not err in so instructing the jury.

The Georgia Court of Appeals rejected Safeway’s argument saying that such an injury did not raise a “medical question” that required an expert’s testimony to establish causation, and it was up to the jury to determine whether if there was a connection between the accident and injuries. For example, back injuries resulting from a rear-end auto accident do not raise “medical questions” that require expert testimony on causation. The decision reinforced the principle that juries should decide issues within their common knowledge as long as some evidence has been introduced to support a claim.

If the insurance company has denied your insurance benefits after an auto accident, or if you are getting the run-around from your insurance adjuster, you should seek an experienced auto accident attorney. Suffering a personal injury from an auto accident is bad enough, but when the insurance company refuses to negotiate or settle your claim in good faith for the sole purpose of protecting its own profits, the impact to you can be devastating. Don’t be bullied by insurance company tactics. Justice will not be served; you will not receive what you deserve. Apply for lawsuit funding from Lawsuit Financial. A well-placed non-recourse lawsuit cash advance can often ease the financial pressure until your case settles. For a free analysis of your case funding situation, call, toll free, 1-877-377-SUIT (7848) or visit us online.