You have often heard the expression "you can't have your cake and eat it, too." (1) But that's exactly what the insurance companies try to do in handling claims. Whatever the situation, they try to argue that means the injured person wasn't hurt very much. Sometimes they create a problem, and then try to benefit from it. Just the other day I had a case with a claims adjuster where this expression applies.
To give you a little history, the claim involved a motor vehicle intersection accident where our client sustained soft tissue injuries. The collision was so hard his car was totaled. Even though there was an independent non-biased eyewitness who told the police officer at the scene that the…