Some insurance companies, in attempt to reduce the amount of money you are paid as a result of a car accident, have implemented a new program in which they make low settlement offers on all soft-tissue injury claims involving low-speed crashes and minor vehicle damage.
According to attorney Richard Hastings, “[t]he new program is referred to as DOLF (Defense of Litigated Files) or MIST (Minor Impact Soft Tissue) cases. These cases typically involve low-impact crashes with minor property damage as a result of which the injured party claims injuries to the neck or back-the classic whiplash case.”
Hastings explains that one of the key factors insurance companies look at in these types of car accident cases is the amount of property damage, “because they allege that the less damage there is to a motor vehicle, the less injury the claimant suffered.”
However, according to Hastings, approximately one million whiplash injuries occur each year, many in low-impact crashes. “Studies have shown that even in an impact at only five miles per hour, the sudden movement results in g-forces (gravitational and acceleration forces) high enough to turn the average human head into a 150-pound load resting on the spine.”
Hastings cites a study that shows, “that the less a car is damaged in a collision, the higher the acceleration of the impacted vehicle and the greater the risk of injury to the spine. This happens because a motor vehicle that compresses or collapses in a collision absorbs more of the force of the impact than one that remains undamaged.”
That said, Hastings advises that any car accident victim involved in a low-impact collision, in addition to consulting with a car accident lawyer, take your car to the dealership for the particular make of your car to get an estimate on damages.
According to Hastings, many insurance companies consider less than $1,o00 of property damage to a motor vehicle to be “minor.” “Generally speaking, dealerships will charge more to repair your damaged vehicle than will the local body shop.” He also insists that you request new parts, not reconditioned or used parts, to be used to repair your vehicle.
“If the estimate to your vehicle is higher, you stand a better chance of defeating the DOLF or MIST strategy used by many insurance adjusters.”
Hasting’s article can be read here.
If you have been involved in a low-impact Michigan car accident, the first thing you should do is request a free legal consultation with a specialized Michigan car accident lawyer to advise you on what steps you should take to maintain, if not improve, your car accident injury case against the insurance company. A specialized Michigan auto accident lawyer can advise you whether or not your particular insurance company has implemented the DOLF or MIST program. Hasting’s advice may not necessarily apply to Michigan car accident victims. Therefore, you should contact a Michigan auto accident lawyer to learn about your legal rights and to be advised on how you should proceed.
