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Pompano Beach bus accident results in policy limits of $25,000


Our client, a 40-year-old handyman, was riding on a Broward County public bus. There were no available seats in the bus so our client was forced to stand. Without warning, a car cut in front of the bus and slammed on his brakes. The bus driver also slammed on his brakes in order to avoid the accident. However, the bus driver was not successful. The front of the bus bumped into the back of the vehicle. There was no damage to either the bus or the car. Despite the lack of property damage, our client still suffered injuries to his neck and back. The police came to the scene and gave a ticket to the driver of the car for careless driving.

Our Client Experiences Pain Days After The Accident

Initially after the accident occurred, our client did not feel pain. However, approximately two days after the accident, our client felt a shooting pain in his neck and back. Our client called the Pompano Beach Bus Accident Attorneys Dell and Schaefer. Our firm quickly signed up his case. Our client sought the care and medical attention from a local chiropractor. Because our client did not own a vehicle, the chiropractic clinic also provided transportation to and from treatment. After three months of physical therapy, our client felt substantially better. It was time for our firm to settle with the insurance company.

Dell and Schaefer Negotiate A Settlement

Immediately after treatment ended, our firm filed a demand letter for bodily injury against the insurance company. Our firm sought monetary damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. We demanded the policy limits of $25,000. Within a month after filing the demand letter, the insurance company responded that it was impossible that the accident caused our client any injury. The insurance company alleged that no other passengers filed any bodily injury claims, and there was no property damage on either the bus or car. The insurance company also sent a letter from a biomechanical engineer who evaluated the forensics of the accident who determined it was forensically impossible for our client to suffer an injury with the light impact between the two vehicles.

Believing they would scare our firm away, the insurance company offered $1,000 to settle the claim. They also stated this money was being offered as a kind gesture since they felt our claim only had “nuisance value,” which in legal terminology means little to no value. Our firm did not waiver in our resolve to settle this case for the policy limits. Our firm quickly rejected that offer and sent a second demand letter to the insurance company. The second demand letter discredited the biomechanical engineer’s forensic conclusions on the basis that the insurance company hired the biomechanical engineer to examine the wrong aspect of the claim.

Our firm did not allege that our client suffered any injury from the impact between two vehicles; rather our firm alleged that our client suffered his injuries when the bus driver slammed on his brakes. Because our client was standing, not sitting, at the time of the accident, when the bus driver slammed on his brakes, the sudden decrease in speed sent our client forward in the bus. It is this that our firm alleged caused our client his injuries, not the actual impact. This cause of action was not evaluated by the mechanical engineer. Our firm reaffirmed our offer to settle out the policy limits for $25,000. We also informed the insurance company that should they not tender their limits within 14 days, that our firm would file a lawsuit and seek damages in excess of the policy limits. Within a week after receiving our second demand letter, our firm received a check in the mail for $25,000.

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2 comments

Tuesday, January 14, 2014
Carmen Maralyn:

My case is exactly like the one in your expose published on this page.

The Driver slammed on the brakes. I was standing, about to pay, but behind the yellow line, and went flying forward, ended up on the ground, unconscious, taken to Plantation Hospital.

Days after, further excruciating pain in the head and right side were experienced, all on my own in misery until now. Cannot get in and out of bed, cannot go to the Factory to work.

My accident happened one week ago. I was travelling on a Broward Bus Number 18 at Griffin Road.

Wednesday, January 15, 2014
Gregory Dell:

Carmen,

We will contact you immediately to discuss your recent bus accident.

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