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Common Defense Tactics Insurance Companies Use in St. Louis Car Accident Claims

Insurance companies may use various defenses in car accident lawsuits. An experienced attorney can help fight these defenses and build a strong case.

Is your car injury case going to trial? Here are some of the most common defense tactics the insurance company may try to use and how you can fight back with the help of an experienced St. Louis car accident attorney.

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The Accident Was Unavoidable 

One of the most common defenses insurance companies use is the argument that the accident was unavoidable. This means that no matter the driver’s actions, the outcome would have been the same.

For example, suppose there were hazardous conditions due to poor weather or construction. In that case, the insurer may argue that there was nothing either party could do to prevent the crash.  

To fight this defense, your attorney will need to prove that the driver could have reasonably done something to prevent or lessen the accident’s impact. This could be anything from driving more slowly or keeping a better lookout for other vehicles on the road. 

The “Act Of God” Defense 

In some cases, an insurance company may attempt to use an “act of god” defense if they believe that unavoidable natural conditions caused the accident. For instance, if there were heavy rains or high winds at the time of the accident, they might argue that these uncontrollable conditions were responsible for causing the crash. 

To combat this defense tactic, your attorney can gather evidence, such as weather reports and road conditions on the day of the accident, to prove that these conditions were not the sole cause of the accident.

You Were Not Wearing Seatbelt

Another common defense insurance companies use is that you were not wearing a seatbelt at the time of the crash. Your attorney can fight this defense by showing proof (such as police reports or witness statements) that you wore a seatbelt when the accident occurred. 

Sudden Emergency 

The insurance company may also attempt to blame the accident on an emergency. For example, if a driver had to swerve abruptly out of the way of an animal crossing the street or had to brake sharply due to another vehicle cutting them off, the insurer could argue that it was outside of the driver’s control since they were reacting to an unexpected and sudden event.  

Your attorney will need to prove that although there was some sort of emergency present, the driver still had sufficient time and ability to prevent the accident.

Retaining the services of an experienced car accident attorney can be advantageous in determining the strength of your case and shielding yourself against common tactics employed by insurance companies. It is important to note that insurance companies may use a variety of defenses beyond those previously mentioned. However, with a skilled attorney by your side, you can effectively challenge any defense put forth by the insurer.

Speak With a St. Louis Car Accident Lawyer

If you’ve been involved in a St. Louis car accident, it’s essential to have a seasoned legal professional by your side. At The Hoffmann Law Firm, we have over 25 years of experience handling car accident cases and a proven track record of success. Contact us today to schedule a free consultation with our team and learn how we can help you fight for the compensation you deserve.

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Updated: May 2, 2023