Latest News

In Arizona, determining fault in a head-on collision, as in other types of accidents, is governed by the state’s comparative fault system. Under this system, each party involved in the accident is liable only for their proportionate share of fault. This means that the fault is assessed based on the relative degree of negligence of each party involved in the collision. Bowen Prods. v. French, 231 Ariz. 424, Roaf v. Stephen S. Rebuck Consulting, LLC, 550 P.3d 173, Zuern by & Through Zuern v. Ford Motor Co., 188 Ariz. 486.

With head-on collision accidents, fault will be based on who was “negligent.” Negligence means the failure to exercise the degree of care that a reasonably prudent or careful person would exercise under similar circumstances. And keep in mind that more than one party can be negligent in any auto accident.

If you’re dealing with the insurance company, they will determine who is at fault by the evidence is gathered through their investigation. This includes statements from the parties involved, crash report, photos/videos, and witness statements.

If the case goes to trial, the trier of fact, which could be a judge or jury, is responsible for determining the percentage of fault attributable to each party. This includes considering the fault of all persons who contributed to the injury, regardless of whether they are named as parties in the lawsuit.12-2506. Joint and several liability abolished; exception; apportionment of degrees of fault; definitions.

For instance, if one driver is found to be 70% at fault and the other driver 30% at fault, each will be responsible for their respective percentages of the damages. Bowen Prods. v. French, 231 Ariz. 424, Hutcherson v. City of Phoenix, 188 Ariz. 183.

Additionally, Arizona law allows for the consideration of nonparties’ fault if proper notice is given before trial, which can further influence the apportionment of fault among the involved parties. Cramer v. Starr, 240 Ariz. 4. This comparative fault approach ensures that each party is only responsible for their fair share of the damages, rather than being jointly and severally liable for the entire amount.

Contact Our Experienced Arizona Car Accident Lawyers to Handle Your Head-On Collision Case

Call us today for a FREE consultation regarding your Arizona head-on collision case. Our Arizona car accident lawyers can help you present the best case possible to the insurance company. Call (855) 545-1777 to speak to our Arizona car accident injury attorneys directly.

There are many types of damages that are recoverable after an auto accident. Most of which are actual physical injuries to your body or vehicle. But you may also recover the mental or emotional distress that manifests from an auto accident.

Below we will cover common questions related to emotional distress and auto accident cases. We’ll also cover actual emotional distress car accident settlements and verdicts to show how the law is applied.

What is Emotional Distress in a Car Accident?

Mental or emotional distress is a type of recognizable form of damages that is recoverable in an auto accident case or other personal injury case.

Mental or emotional distress is sometimes lumped in with the pain and suffering component of damages but is actually a distinct form of damages. As the court in Parkway Co. v. Woodruff put it, “emotional distress is the suffering that is present that is not directly related to mental suffering from physical pain. It is beyond just worry or anger. Emotional distress can be more accurately described as “grief, severe disappointment, indignation, wounded pride, shame, despair and/or public humiliation.” Parkway Co. v. Woodruff, 901 S.W.2d 434, 444 (Tex. 1995).

In most states, you can recover for emotional distress either as a part of the pain and suffering component of your physical injury case or as a separate cause of action known as Negligent (or Intentional) Infliction of Emotional Distress where a physical injury may not be required.

Here are some examples of emotional distress in a car accident:

Example #1: Paula Plaintiff suffers from extreme anxiety every time she drives in a car after she was rear-ended at a high rate of speed by an 18-wheeler on a highway. The fear is so overwhelming when she drives that she sweats profusely, her heart races, and she becomes completely numb with fear.

Example #2: Paula Plaintiff was seriously injured in an auto accident and thoughts are running through her mind that she may not be able to walk again due to her spinal injuries.

Example #3: Paula Plaintiff was killed while she crossed the street in a busy intersection. Paula wasn’t killed instantly and experienced 30 seconds of the terror of her imminent death.

Example #4: Paula Plaintiff suffered minor soft tissue injuries in an auto accident. She lives paycheck to paycheck and is a single mother. She is worried she will have to miss two weeks of work because she will not be able to keep up with the physically demanding duties of her job as a sever at a restaurant.

Example #5: Paula Plaintiff was walking across the street with her young daughter in a crosswalk when a careless driver hit her daughter, severely injuring her. Paula suffered extreme emotional distress witnessing her young daughter almost get killed in front of her eyes.

Emotional distress following an auto accident can manifest in various ways, often depending on the severity of the accident, personal resilience, and prior experiences.

Here are some common types:

1. Acute Stress Reaction: This is a short-term reaction to a traumatic event. Symptoms might include anxiety, agitation, and disorientation, often occurring immediately after the accident.
2. Post-Traumatic Stress Disorder (PTSD): PTSD can develop if the distress from the accident persists for more than a month and interferes with daily functioning. Symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident.
3. Anxiety Disorders: Generalized anxiety or specific phobias related to driving or being in vehicles can develop. Individuals might experience excessive worry, panic attacks, or avoidance behaviors.
4. Depression: Symptoms might include persistent sadness, loss of interest in activities, changes in sleep or appetite, and feelings of hopelessness. Depression can be triggered or exacerbated by the trauma of the accident.
5. Guilt or Survivor’s Guilt: If others were injured or killed in the accident, individuals might experience guilt about surviving or surviving with fewer injuries than others.
6. Grief: If the accident resulted in the loss of a loved one, grief can be profound and encompass a range of emotions including sadness, anger, and disbelief.
7. Anger and Frustration: Feelings of anger might be directed at oneself, other drivers, or even the insurance company. This can lead to frustration and difficulty managing emotions effectively.
8. Sleep Disturbances: Trouble sleeping, nightmares, or insomnia can result from the emotional trauma of the accident.
9. Avoidance Behavior: Individuals might avoid situations or places associated with the accident, including driving, which can impact their daily life and independence.
10. Flashbacks or Intrusive Thoughts: Recurrent, distressing memories or mental images of the accident that intrude into daily life can be a sign of severe emotional distress.

How Do You Prove Emotional Distress?

First, as a plaintiff in your case, you will have the burden to prove that the defendant’s negligence caused actual damages by “preponderance of the evidence.” “Preponderance of the evidence” is a burden of proof standard in most civil cases in the U.S. And it just means in auto accident cases, more likely than not, negligence occurred, causing damages.

Second, it will depend on the type of case you’re claiming—either one under Negligence or one under Negligent Infliction of Emotional Distress or one under Intentional Infliction of Emotional Distress—as to how you prove your emotional distress case:

Negligence – Physical Injury

If your state does not recognize a separate cause of action for Negligent Infliction of Emotional Distress or the emotional distress flowed from the physical injuries you’ve suffered, then you’ll typically be seeking recovery under a negligence cause of action.

For negligence, you must typically prove four elements in order to recover damages. The elements of negligence are typically broken down as follows:

• a duty requiring the defendant to conform to a certain standard of care;
• a breach by the defendant of that standard;
• a causal connection between the defendant’s conduct and the resulting injury; and
• actual damages.

The first element, “duty,” is a legal matter for the court to decide and involves determining whether the defendant was obligated to conform to a certain standard of conduct to protect others against unreasonable risks.

The second element, “breach,” requires showing that the defendant failed to meet the required standard of care. This involves demonstrating that the defendant’s actions or omissions fell short of what a reasonably prudent person would do under similar circumstances.

The third element, “causation,” involves proving a causal connection between the defendant’s breach and the plaintiff’s injury. This includes both “cause-in-fact” and “legal cause.” “Cause-in-fact” means that the injury would not have occurred “but for” the defendant’s conduct, while “legal cause” involves determining whether the defendant’s actions were closely enough connected to the injury to hold them legally responsible.

Finally, the fourth element, “actual damages,” requires the plaintiff to show that they suffered a real and compensable injury as a result of the defendant’s breach. Without actual damages, a negligence claim cannot be sustained.

Negligent Infliction of Emotional Distress (NIED)

A NIED case can be made when physical injuries weren’t necessarily suffered but emotional distress resulted.

Most states no longer require that there be a contemporaneous traumatic physical injury in order to recover emotional distress damages. But in many states NIED will be limited by what is known as the “impact rule.” The “impact rule” limits recovery in cases where the harm is purely emotional.

There are two types of NIED cases: Direct Victim and Bystander cases.

Direct Victim Case

Cases where the plaintiff is placed in immediate bodily harm and suffers emotional distress as a result, the defendant may be liable under NIED.

Example #1: Plaintiff is a passenger in a bus. The bus driver negligently turns left in front of an 18-wheeler as he makes a left-hand turn. The bus bursts into flames on impact and the plaintiff narrowly escapes without any physical injuries but suffers from extreme emotional distress from the danger of immediate bodily harm.

Bystander Case

Cases where the plaintiff witnesses a close family member, such as a spouse, parent, or child, being injured by defendant and the plaintiff experiences emotional distress, as a result, the defendant may be liable under NIED.

Example #5 above is a perfect example of a Bystander case where the plaintiff may recover for pure emotional distress damages. Paula Plaintiff suffered severe emotional distress by witnessing her young daughter almost get killed by defendant right in front of her eyes. She suffered compensable emotional distress, as a result.

Intentional Infliction of Emotional Distress (IIED)

Another cause of action can be brought where physical injuries were not suffered but severe or extreme emotional distress resulted. IIED allows recovery if the defendant acted intentionally or at least with reckless disregard. This means negligence isn’t enough to recover under IIED, which might make it more difficult to prove. To recover under IIED, plaintiff must prove:

• outrageous conduct by the defendant;
• the defendant’s intention of causing, or reckless disregard of the probability of causing, emotional distress;
• the plaintiff’s suffering severe or extreme emotional distress; and
• actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

Example #1: Plaintiff’s enemy, defendant, spots plaintiff exiting his vehicle, which is parked outside of his home. Not intending to physically touch plaintiff, defendant speeds up to 80 miles per hour and attempts to swerve in front of plaintiff to scare him. But then loses control of his vehicle, slamming into both plaintiff’s vehicle and home, causing extensive damage. Plaintiff now suffers from severe anxiety and post-traumatic stress syndrome from the accident. Plaintiff may be able to recover for IIED.

Now, let’s turn the discussion to the ways in which you can prove your emotional distress case.

There are several ways you can prove emotional distress in your auto accident case. It will depend on where you are in the timeline of your case—whether you’re negotiating your case with the insurance company or presenting your case to a jury—as to how you will present your evidence.

The insurance company valuing your case, or a jury, will examine the evidence you’ve presented to see if emotional distress compensation is reasonable.

Insurance companies may use claims adjusting software to assign a pain and suffering component on top of your other damages that you’ve claimed, such as your medical expenses and lost wages.

On the other hand, juries will be given an instruction to provide a sum of money that would fairly compensate you for mental, physical, emotional pain and suffering experienced and that with reasonable probability will be experienced in the future.

While live testimony will be the most common method in introducing evidence of emotional distress during trial, that may not be a practical method if you’re negotiating with the insurance company prior to trial. In that case the better method in proving emotional distress would probably be submitting medical records and other written documentation and affidavits of medical experts and other witnesses.

The following are types of evidence that can help establish your case for emotional distress:

Expert Witness Testimony

An expert witness can be either your treating psychologist, psychiatrist, counselor, or other health professional or one hired to give an opinion on the state of your emotional distress diagnosis, prognosis, cause, and severity.

In addition, expert witnesses may also testify as to how the emotional distress impacted your finances.

Witness Testimony

The testimony of family members, friends, co-workers, or supervisors can also be helpful in proving your emotional distress. They can testify as to how you were before the accident and how you are now after the accident.

Personal Testimony

Obviously, your testimony will be extremely important in proving your emotional distress damages. Specifics about the emotional suffering, how if disrupts your daily routine, relationships, and well-being.

Medical Records

Medical records from healthcare providers regarding psychological or emotional symptoms, diagnoses, and treatments is crucial in proving up your emotional distress damages.

Personal Records

Personal records such as your journal or diary, or other communication records, such as text messages, emails, or letters regarding your mental state.

Now let’s go over some state specific laws on how you prove emotional distress:

Arizona

In Arizona, you can claim emotional distress in your auto accident case either as part of your negligence case as general damages, if you’ve suffered physical injuries, or as a NIED or IIED case.

Negligence in Arizona

Under Arizona law, you must prove the following to establish a case in negligence:

• That the defendant had a duty to conform to a certain standard of care. This duty is an obligation recognized by law, requiring the defendant to act in a manner that protects others against unreasonable risks of harm.
• That the defendant breached this duty by failing to conform to the required standard of care. This breach is a deviation from the expected conduct that the duty imposes.
• There must be a causal connection between the defendant’s conduct and the resulting injury. This includes both cause-in-fact and legal (or proximate) causation, meaning the breach must be directly linked to the injury suffered by the plaintiff.
• Actual damages resulted from the breach. This means that the plaintiff suffered a quantifiable loss or harm as a direct result of the defendant’s actions.

NIED in Arizona

NIED is a separate cause of action in Arizona. In Arizona, a plaintiff can bring a claim for NIED if they meet specific criteria. The plaintiff must witness an injury to a closely related person, suffer mental anguish that manifests as physical injury, and be within the “zone of danger.” Kaufman v. Langhofer, 223 Ariz. 249. This means that the plaintiff must have been in close proximity to the event causing the injury and experienced a direct threat to their own physical safety. State Farm Mut. Auto. Ins. Co. v. Connolly, 212 Ariz. 417, Hislop v. Salt River Project Agric. Improvement & Power Dist., 197 Ariz. 553.

Additionally, Arizona law recognizes that a plaintiff can claim NIED even if they did not witness an injury to another person, as long as the plaintiff’s emotional distress resulted from a threat to their own personal security. This distress must manifest in a physical way, although physical impact is not necessary. Quinn v. Turner, 155 Ariz. 225, Huffman v. Jackson, 2017 Ariz. Super. LEXIS 1409.

IIED in Arizona

To prove IIED in Arizona, a plaintiff must establish three key elements. First, the defendant’s conduct must be extreme and outrageous. Second, the defendant must either intend to cause emotional distress or recklessly disregard the near certainty that such distress will result from their conduct. Third, severe emotional distress must indeed occur as a result of the defendant’s conduct. Ford v. Revlon, Inc., 153 Ariz. 38, Christakis v. Deitsch, 250 Ariz. 246, Shepherd v. Costco Wholesale Corp., 246 Ariz. 470.

Extreme and outrageous conduct is defined as behavior that is so outrageous in character and so extreme in degree that it goes beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized community. This conduct must completely violate human dignity and strike to the very core of one’s being, threatening to shatter the frame upon which one’s emotional fabric is hung. Christakis v. Deitsch, 250 Ariz. 246, Shepherd v. Costco Wholesale Corp., 246 Ariz. 470, Nelson v. Phoenix Resort Corp., 181 Ariz. 188.

The court must make a preliminary determination as to whether the conduct may be considered so outrageous and extreme as to permit recovery. This issue may only go to the jury where reasonable minds may differ. Even if a defendant’s conduct is unjustifiable, it does not necessarily rise to the level of being atrocious and beyond all possible bounds of decency. Nelson v. Phoenix Resort Corp., 181 Ariz. 188.

California

In California, you can also claim emotional distress in your auto accident case either as part of your negligence case as general damages, if you’ve suffered physical injuries, or as a NIED or IIED case.

Negligence in California

To prove negligence under California law you must show:

• a legal duty to use due care;
• a breach of such duty;
• the breach was the proximate or legal cause of the resulting injury; and
• damages to the plaintiff.

NIED in California

As for NIED, it is not a separate cause of action in California. It is considered a form of the tort of negligence, which involves the traditional elements of duty, breach of duty, causation, and damages. Huggins v. Longs Drug Stores California, Inc., 6 Cal. 4th 124, Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, Bidna v. Rosen, 19 Cal. App. 4th 27.

In California, NIED claims are analyzed under the same principles as general negligence claims. This means that for a plaintiff to recover damages for emotional distress, they must demonstrate that the defendant owed them a duty of care, breached that duty, and caused the plaintiff’s emotional distress as a result of that breach.

There are two primary theories under which NIED claims can be brought: the “bystander” theory and the “direct victim” theory. The bystander theory applies when a plaintiff witnesses an injury to a close family member and suffers emotional distress as a result. The direct victim theory applies when the plaintiff is directly harmed by the defendant’s negligent conduct, often arising from a preexisting relationship between the parties.

IIED in California

To prove IIED in California, a plaintiff must demonstrate the following elements:

• extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress;
• the plaintiff’s suffering severe or extreme emotional distress; and
• actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

The conduct in question must be so extreme as to exceed all bounds of that usually tolerated in a civilized community. This means that the behavior must be outrageous to the point where an average member of the community would exclaim “Outrageous!” upon hearing the facts.

Additionally, the emotional distress suffered by the plaintiff must be severe, meaning that it is of such substantial quality or enduring quality that no reasonable person in a civilized society should be expected to endure it.

Florida

Since emotional distress, along with pain and suffering, fall under a category of damages called “Non-economic” damages, auto accident injury victims may only qualify for this type of compensation if they’ve suffered from the following:

1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement. Fla. Stat. § 627.737.

This is commonly known as the “Permanent Injury Threshold.” However, there is an exception!

Permanent Injury Threshold Exception: This exception will apply when you’re injured in an auto accident by an uninsured driver. If you have uninsured motorist coverage and the policy states that it will pay you any damages that you would be legally entitled to recover from an uninsured driver who doesn’t carry Personal Injury Protection, you may still recover for non-economic damages without meeting the Permanent Injury Threshold requirement. (See Pollard v. Williams, 623 So. 2d 588, 588 (Fla. 2d DCA 1993)).

So, before qualifying for even any emotional distress compensation, you must first prove the auto accident caused a permanent injury. If your injuries meet the threshold, you can then move on to proving your emotional distress damages.

In Florida, emotional distress cases fall into two different categories: where the plaintiff is directly involved in the defendant’s conduct that has caused the emotional distress—this is the more common one. The other is where the plaintiff has suffered from emotional distress as a result of witnessing an injury to another person.

Under Florida law, you can recover damages for both negligent and intentional conduct that results in emotional distress.

NIED in Florida

To recover for NIED, Florida law requires that the plaintiff suffers a “physical impact,” AND a physical injury. (“No recovery can be had for mental pain and suffering unaccompanied by any physical injuries in the absence of wantonness, willfulness or malice.” Gilliam v. Stewart, 291 So. 2d 593, 594 (Fla. 1974)).

A “physical impact” in Florida is defined as any outside force or substance, regardless of its size or visibility, that touches or enters the plaintiff’s body and causes harmful effects, even if those effects are not immediately apparent. This definition was clarified in Eagle-Picher Industries, Inc. v. Cox, where the court noted that the impact could be as minor as inhaling asbestos fibers, which over time cause lung damage.

The Florida Supreme Court has emphasized that the mere existence of a physical impact or contact is sufficient to meet the criteria for recovering emotional distress damages, without needing to assess the extent or severity of the injury. This principle was established in Clark v. Choctawhatchee Electric Co-Operative, Inc., and reiterated in Willis v. Gami Golden Glades, LLC.

Examples of physical impacts that have been recognized by Florida courts include the inhalation of asbestos fibers, electric shocks, physical assaults, and even minor physical contacts such as a gun touching a plaintiff’s temple or a plaintiff being shoved into a vehicle during an abduction. Shamylia Murphy-Gray As Pers. Representative for the Est. of v. Heritage II Holdings, LLC Heritage Fla. Prop. Holdings, Inc., 2024 Fla. Cir. LEXIS 862.

However, not all physical contacts qualify; for instance, the mere touching of a patient by a doctor for ordinary testing does not meet the impact rule. Jones v. Department of Health & Rehabilitative Servs., 661 So. 2d 1291.

Now let’s go over three examples to clarify:

Example #1: Plaintiff is rear-ended while he is driving on I-35 and suffers from a herniated disc as a result of the impact. The pain and impairment of the herniated disc in his back prevents him from taking part in any physical activity. This makes him severely depressed and anxious. Since there is a physical impact and an actual physical injury, plaintiff qualifies for emotional distress under Florida law.

Example #2: Plaintiff’s vehicle is rear-ended while he is driving on I-35 but only has minor damage to his vehicle and no physical injuries. The traumatic event of the accident and stress of losing his only vehicle makes him extremely anxious and depressed. Although there is a physical impact, plaintiff suffered no physical injuries. Therefore, plaintiff is not entitled to emotional distress compensation under Florida law.

Example #3: Plaintiff’s vehicle is rear-ended while it was parked in a grocery store parking lot. Plaintiff was not in or near the vehicle when it happened. Plaintiff is extremely distraught now that he has to replace his vehicle that he worked so hard to buy. Here, the plaintiff did not suffer from either a physical impact or a physical injury. Therefore, plaintiff does not qualify for emotional distress compensation under Florida law.

IIED in Florida

IIED, on the other hand, doesn’t require a “physical impact,” but the plaintiff must still prove the following:

• the defendant acted deliberately or recklessly;
• the defendant’s conduct was outrageous;
• the conduct caused the plaintiff emotional distress; and
• the emotional distress was severe. Dependable Life Ins. Co. v. Harris, 510 So. 2d 985, 986 (Fla. 5th DCA 1987).

Although a physical impact isn’t required under IIED, the conduct must be outrageous.

Now let’s talk about where the plaintiff has suffered from emotional distress as a result of witnessing an injury to another person. This is commonly known as a “Bystander” case.

In these cases, the plaintiff doesn’t need to suffer a physical impact. They only need to prove:

• the plaintiff saw or heard the event, or arrived at the scene as it occurred;
• the plaintiff was the child, parent, or spouse of, or was otherwise closely related to, the injured party; and
• the plaintiff suffered the emotional distress at issue and an accompanying physical impairment within a short time of the incident.

Texas

In Texas, to recover damages for mental anguish, a plaintiff must provide evidence that goes beyond mere worry, anxiety, vexation, embarrassment, or anger.

The plaintiff must show either (1) direct evidence of the nature, duration, or severity of the mental anguish, establishing a substantial disruption in their daily routine, or (2) other evidence of a high degree of mental pain and distress. Argueta v. Guiterrez, 2021 Tex. App. LEXIS 3007, Katy Springs & Mfg. v. Favalora, 476 S.W.3d 579, Medical Protective Co. v. Herrin, 235 S.W.3d 866.

Mental anguish is defined as a high degree of mental suffering, which may include emotions such as grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation. Star Houston, Inc. v. Shevack, 886 S.W.2d 414. Jurors are typically best suited to determine whether and to what extent the defendant’s conduct caused compensable mental anguish by referring to their own experiences.

Additionally, Texas law does not recognize a general legal duty to avoid negligently inflicting mental anguish. However, mental anguish damages are recoverable in certain circumstances, such as when the defendant’s conduct is intentional or malicious, when there is a special relationship between the parties, or in personal injury cases where the defendant’s conduct causes serious bodily injury. Lions Eye Bank v. Perry, 56 S.W.3d 872, Sankaran v. VFS Servs. USA Inc., 693 S.W.3d 883, Verinakis v. Medical Profiles, Inc., 987 S.W.2d 90.

In the absence of these situations, mental anguish damages may also be recovered in wrongful death and bystander actions. Lions Eye Bank v. Perry, 56 S.W.3d 872, Verinakis v. Medical Profiles, Inc., 987 S.W.2d 90.

Statutory provisions also allow for the recovery of mental anguish damages without the need to show physical injury in specific contexts, such as under the Texas Deceptive Trade Practices Act (DTPA) and certain sections of the Texas Civil Practice and Remedies Code. For instance, under the DTPA, a consumer may recover mental anguish damages if the defendant’s conduct was committed knowingly.

Can I Recover for Emotional Distress if I Witnessed a Car Accident?

Maybe. It will depend on which state your accident occurred. Some states require a physical impact or that the plaintiff is within the zone of danger to qualify for emotional distress damages.

Let’s look at state specific examples:

Arizona

In Arizona, for example, recovery for bystander emotional distress is generally limited to those who witness the physical injury of a close personal relationship while being within the “Zone of Danger.”

The Arizona courts have consistently held that Bystander claims are available only to plaintiffs who have witnessed an injury to a close family member, not to friends or acquaintances. For a bystander to recover for emotional distress, the emotional trauma must be manifested as a physical injury, and the plaintiff must have been in the “zone of danger” created by the defendant’s negligence. The emotional distress must result from witnessing an injury to a person with whom the plaintiff has a close personal relationship, either by consanguinity (blood relative) or otherwise.

“Zone of Danger” requires the bystander to be in close proximity to the accident where there is a high risk to the bystander of physical impact.

California

California law allows a plaintiff to recover for serious emotional distress suffered as a result of witnessing injuries inflicted on a close relative. This recovery is available under the theory of negligent infliction of emotional distress (NIED).

To successfully claim Bystander NIED, the plaintiff must meet a three-part test:

1. the plaintiff must be closely related to the injury victim;
2. the plaintiff must be present at the scene of the injury-producing event at the time it occurs and must be aware that it is causing injury to the victim; and
3. the plaintiff must suffer emotional distress beyond that which would be anticipated in a disinterested witness.

The emotional distress must be serious, meaning it is a reaction beyond what would be expected from a disinterested witness and is not an abnormal response to the circumstances.

Florida

In Florida you can recover for bystander emotional distress in Florida under certain conditions. The Florida Supreme Court has modified the traditional “impact rule” to allow recovery for emotional distress in bystander cases even in the absence of a physical impact. Specifically, recovery is permitted when one person suffers death or significant discernible physical injury caused by psychological trauma resulting from a negligent injury imposed on a close family member within the sensory perception of the physically injured person.

To establish a claim for negligent infliction of emotional distress as a bystander, the plaintiff must meet the following criteria:

1. the plaintiff must suffer a physical injury;
2. the plaintiff’s physical injury must be caused by the psychological trauma;
3. the plaintiff must be involved in some way in the event causing the negligent injury to another; and
4. the plaintiff must have a close personal relationship to the directly injured person.

This rule was first adopted in Champion v. Gray, where the court allowed recovery for a plaintiff who suffered emotional distress after witnessing the death of a loved one.

The impact rule generally requires some physical impact on the plaintiff or, in certain situations, the manifestation of severe emotional distress through physical injuries or illness. However, in bystander cases, the rule has been relaxed to allow recovery for emotional distress when the distress results in a significant discernible physical injury.

Texas

In Texas you can recover for bystander emotional distress. Texas law allows a bystander to recover mental anguish damages if they witness a close relative suffer a traumatic injury due to a defendant’s negligent action. This recovery is based on the foreseeability of the injury to the bystander, which is determined by three factors:

1. whether the bystander was located near the scene of the accident,
2. whether the shock resulted from a direct emotional impact upon the bystander from the sensory and contemporaneous observance of the accident, and
3. whether the bystander and the victim were closely related.

The Texas Supreme Court has adopted these factors from the California Supreme Court’s decision in Dillon v. Legg, and they have been consistently applied in Texas case law. For instance, in Boyles v. Kerr, the court affirmed that bystanders could recover emotional distress damages under these conditions.

Can I Recover for Emotional Distress After a No-Injury Car Accident?

This is another situation where it will depend on the state in which your accident occurred. Let’s look at some state specific laws to illustrate:

Arizona

Yes, in Arizona, a party may recover damages for emotional distress arising out of the tortious loss of property, but this is contingent upon the tortious act directly harming the plaintiff and affecting or burdening a personal, as opposed to an economic, interest belonging to the plaintiff. Murray v. Farmers Ins. Co., 239 Ariz. 58.

For instance, emotional distress damages have been awarded in cases involving the destruction of fertilized human eggs and the annoyance and discomfort of living in inadequate housing. Murray v. Farmers Ins. Co., 239 Ariz. 58, Jeter v. Mayo Clinic Ariz., 211 Ariz. 386.

However, Arizona courts have denied the recovery of emotional distress damages where the plaintiff’s interest was determined to be purely economic. For example, in a legal malpractice action where the plaintiff’s financial security was at risk, emotional distress damages were not recoverable because the direct result of the alleged malpractice was purely economic. Murray v. Farmers Ins. Co., 239 Ariz. 58.

Similarly, emotional distress damages were not awarded in a case involving the death of a pet due to veterinary malpractice, as the law classified animals as personal property and the negligence did not directly harm the plaintiff in a personal way. Murray v. Farmers Ins. Co., 239 Ariz. 58, Kaufman v. Langhofer, 223 Ariz. 249.

California

In California, emotional distress damages are generally not recoverable in property damage cases unless certain conditions are met. Specifically, emotional distress damages are typically not awarded for property damage caused by negligence alone.

The California Supreme Court in Erlich v. Menezes held that “no California case has allowed recovery for emotional distress arising solely out of property damage” unless there is a preexisting relationship between the parties or the conduct involves an intentional tort. Erlich v. Menezes, 21 Cal. 4th 543.

Cases involving “preexisting relationships” where emotional distress caused solely out of property damage was found included an insurance company-insured relationship (bad faith) and jeweler-customer scenario (bailor-bailee relationship) where the jeweler was given old family rings to be fabricated into an heirloom and were later lost by the jeweler. (Windeler v. Scheers Jewelers (1970) 8 Cal.App.3d 844 [88 Cal.Rptr. 39].)

Examples of intentional torts where emotional distress can be awarded are trespass or nuisance.

Florida

In Florida, the general rule under the “impact rule” is that a plaintiff cannot recover damages for emotional distress caused by the negligence of another unless the emotional distress flows from physical injuries sustained in an impact. This rule is designed to prevent fictitious or speculative claims and to ensure the validity of claims for emotional or psychological harm. Willis v. Gami Golden Glades, LLC, 967 So. 2d 846, Rowell v. Holt, 850 So. 2d 474, Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201.

However, there are exceptions to this rule. For instance, emotional distress damages may be recoverable in cases involving a nuisance, regardless of physical injury or impact. Annoyance, discomfort, and inconvenience resulting from a nuisance are considered compensable.

Additionally, Florida courts have recognized exceptions in certain narrowly defined cases where the foreseeability and gravity of the emotional injury, and the lack of countervailing policy concerns, justify recovery without physical impact. Examples include cases involving the breach of confidentiality, invasion of privacy, and wrongful birth. Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201, Reid v. Daley, 276 So. 3d 878, R.J. v. Humana of Fla., 652 So. 2d 360.

Texas

In Texas, emotional distress damages are generally not recoverable in cases of negligent property damage. The Texas Supreme Court has held that mental anguish damages are not compensable as a matter of law when based solely on negligent property damage. City of Tyler v. Likes, 962 S.W.2d 489, Petco Animal Supplies, Inc. v. Schuster, 144 S.W.3d 554, Fitzpatrick v. Copeland, 80 S.W.3d 297,

However, there are exceptions where a higher degree of culpability is involved. Mental anguish damages may be recoverable if the property damage results from intentional, malicious, or grossly negligent conduct. For instance, if the property damage is caused by a deliberate and willful trespass, or if there is evidence of ill-will, animus, or a design to harm the plaintiff personally, emotional distress damages may be awarded.

How Much Can I Get for Emotional Distress After a Car Accident?

The value of any personal injury case is heavily dependent on the facts. As you’ll see below in the section on Emotional Distress Car Accident Verdicts, the amount of compensation for emotional distress varies quite a bit.

The general rule is the more severe the physical injury, the greater chance of compensation for physical and emotional pain and suffering. 

If your auto accident case is minor, it may be difficult to prove you are entitled to any emotional distress compensation.

What Compensation Can I Claim for Emotional Distress?

The following are some of the categories of compensation that are recoverable in an emotional distress case:

Medical Expenses

The past and future medical expenses for medical treatment that you sought for your emotional distress. This can include psychologist/psychiatrist medical bills, prescription drug expenses, and other related medical expenses.

Lost Wages

Any lost wages you experienced from your emotional distress is recoverable. You may be able to recover lost earning capacity in the future, as well.

Physical Pain and Suffering

As mentioned above, your emotional distress may be lumped in with physical pain and suffering when a jury is calculating your damages at trial. And physical pain and suffering is recoverable in emotional distress cases and other personal injury cases.

Emotional Distress / Mental Anguish

Emotional distress or mental anguish, on their own, are recoverable in emotional distress cases.

Loss of Consortium

A spouse or family member may be able to recover for loss of consortium if their partner has been seriously injured or killed due to someone else’s negligence, and they have experienced a loss of intimacy, companionship, and support as a result. The law recognizes that the emotional and relational impact of such injuries can be significant, and therefore, it allows family members to seek compensation for their loss. 

Should I Hire a Lawyer for my Emotional Distress Claim?

Probably so. As you can see in this article, the law on emotional distress is quite complex. If your auto accident case involved only minor property damage and no bodily injury, it’s likely you won’t need a lawyer. But if your property damage is more severe and you have even minor injuries, you should at least discuss your case with a lawyer. Remember most personal injury lawyers offer free consultations. So, it’s a no-brainer.

How Long Do I Have to Make a Claim for Emotional Distress?

How long you have to make a claim for emotional distress will be governed by your state’s statute of limitations. The statute of limitations is the maximum time period that a person has to initiate a legal proceeding from the date of an alleged offense or injury. After this period expires, the legal claim can no longer be filed or pursued.

Here are some state specific examples:

Arizona

In Arizona, the statute of limitations for filing a lawsuit for emotional distress caused by negligence is generally two years. This is established under Ariz. Rev. Stat. § 12-542, which governs most negligence actions, including personal injuries and property damage claims.

However, if the emotional distress claim is against a public entity or public employee, the statute of limitations is reduced to one year. This is specified under Ariz. Rev. Stat. §§ 12-821 and 12-821.01(B), which require that actions against public entities or employees be brought within one year after the cause of action accrues. The cause of action accrues when the individual realizes they have been damaged.

In Arizona, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress is two years. This is established under A.R.S. § 12-542, which states that claims for injuries done to the person of another must be commenced and prosecuted within two years after the cause of action accrues.

The cause of action accrues when the damaged party realizes or reasonably should know that they have been damaged and knows the cause, source, act, event, instrumentality, or condition that caused or contributed to the damage. Avilla v. Hickmans Egg Ranch Inc., 2020 Ariz. Super. LEXIS 922, Watkins v. Arpaio, 239 Ariz. 168.

In cases where the emotional distress is ongoing, plaintiffs may argue that the claim constitutes a “continuing wrong,” which could potentially extend the accrual date for their action. However, Arizona courts have not formally adopted the continuing wrong theory, and it has been applied sparingly.

California

In California, the statute of limitations for filing a lawsuit for negligent infliction of emotional distress (NIED) is generally two years. This is governed by California Code of Civil Procedure § 335.1, which provides a two-year statute of limitations for actions for injury caused by the wrongful act or neglect of another.

In California, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress (IIED) is two years. This period begins to run once the plaintiff suffers severe emotional distress as a result of the defendant’s outrageous conduct.

Florida

In Florida it will depend on if your emotional distress case is caused by negligent or an intentional act.

The statute of limitations for filing a lawsuit for emotional distress caused by negligence in Florida is two years. This is in accordance with Fla. Stat. § 95.11(5)(b), which specifies that actions founded on negligence must be commenced within two years from the time the cause of action accrues.

Additionally, it is important to note that this two-year period applies to various negligence claims, including those for emotional distress, as they fall under the general category of negligence actions. Therefore, any lawsuit for emotional distress caused by negligence must be filed within this two-year timeframe to be considered timely under Florida law.

In Florida, the statute of limitations for filing a lawsuit for IIED is generally four years. This is supported by the case W.D. v. Archdiocese of Miami, Inc., which held that the four-year limitations period under section 95.11(3)(a), (o), and (p) applies to actions for IIED. Calway v. Calway, 2021 Fla. Cir. LEXIS 13665. Additionally, the case Baucom v. Haverty also indicates that a four-year statute of limitations applies to claims for IIED.

Texas

In Texas, the statute of limitations for filing a lawsuit for emotional distress under negligence is two years from the date the cause of action accrues. This is established under Tex. Civ. Prac. & Rem. Code Ann. § 16. 003(a).

In Texas, the statute of limitations for filing a lawsuit for intentional infliction of emotional distress (IIED) is two years from the date the cause of action accrues. This is established under Tex. Civ. Prac. & Rem. Code § 16. 003(a) and has been consistently upheld in various court decisions.

Emotional Distress Car Accident Settlements and Verdicts

Below are 10 car accident settlements and verdicts that should help to illustrate how the above-mentioned emotional distress laws are applied in auto accident cases.

Case Study #1: Bystander v. Defendant (Los Angeles County, California)

Bystander, a minor child, was riding in the back seat with her 10-year-old sister when they were rear-ended.

Bystander’s sister sustained serious injuries, including facial fractures, traumatic brain injury and now requires continued supervision as a result of her cognitive impairments.

Bystander did not suffer any physical injuries but experienced extreme emotional distress witnessing her sister almost being killed, while being in the zone of danger.

The parties agreed to settle Bystander’s case for $235,383.82.

Case Study #2: Bystanders v. Defendant (Fresno County, California)

Bystanders, a 48-year-old father, 44-year-old-mother, and 9 year-old child witnessed their child-brother, a 14 year-old child, suffer serious injuries as they were rear ended by a box truck on State Route 99 Fresno, California. The 14-year-old later died from his injuries. All bystanders suffered only minor soft tissue injuries but experienced extreme emotional distress as a result of witnessing their child-brother being seriously injured and later dying from his injuries.

The parties later settled their wrongful death and negligent infliction of emotional distress cases for $10 million at mediation.

Case Study #3: Bystander v. Defendant (Los Angeles County, California)

Bystander, a 26-year-old college student, and her mother were attempting to cross the U.S. Route 101 on-ramp while holding hands in Calabasas, California, when defendant struck both of them with her pickup truck. The Bystander sustained injuries to her leg and her mother ultimately died from her injuries.

Immediately after the accident, defendant exited her vehicle and attempted to drag Bystander’s mother’s still-alive body to the curb, while she begged for her to stop and call 911. Defendant also attempted to deny involvement in the accident when police arrived. She even moved her vehicle to a place where she thought she could claim no involvement in the accident. The defendant even arranged to have her truck washed to destroy evidence. She was later cited for hit-and-run.

At trial the jury found that the defendant’s actions constituted an Intentional Infliction of Emotional Distress and that it was done with malice. As a result, Bystander was awarded $18 million, including:

• $3,000,000 Past Physical Pain and Suffering
• $5,000,000 Future Pain and Suffering
• $1,000,000 Past Wrongful Death Damages
• $4,000,000 Future Wrongful Death Damages
• $5,000,000 Intentional Infliction of Emotional Distress Damages

Case Study #4: Plaintiff v. Defendant (Harris County, Texas)

Plaintiff was rear-ended by an 18-wheeler driven by defendant on a highway in Sutton County, Texas. Plaintiff claimed, among other things, defendant intentionally rear-ended him and pushed him off the road.

Plaintiff suffered minor injuries to his back and neck and sought treatment only at the emergency room for his physical injuries. He claimed he sought psychiatric treatment and suffered from PTSD as a result of this accident.

At trial, the jury awarded plaintiff $13,300 (reduced to $12,635 due to comparative negligence) in total damages, including:

• $300 Past Medical Expenses
• $2,500 Property Damage
• $3,500 Past Physical Pain and Suffering
• $5,000 Past Mental Anguish
• $2,000 Past Loss of Use

Case Study #5: Plaintiff v. Defendant (Harris County, Texas)

Plaintiff, 3-months pregnant, was rear-ended at a stop light on FM 2920 in Tomball, Texas. Defendant was under the influence of alcohol at the time of the accident and was cited and convicted for DWI.

Plaintiff suffered minor physical injuries, anxiety, and PTSD over the health of her unborn child. Ultrasounds of the unborn child taken later were normal and plaintiff received only minimal medical treatment for her injuries.

Later, at trial the jury awarded plaintiff $5,752.04, including:

• $752 Past Medical Expenses
• $600 Past Physical Impairment
• $3,500 Past Physical Pain and Mental Anguish
• $600 Past Lost Earning Capacity

Case Study #6: Plaintiff v. Defendant (Dallas County, Texas)

Plaintiff was T-boned by defendant as he attempted to cross at an intersection.

Plaintiff presented to the emergency room later that day with neck and back injuries. She later treated with a chiropractor and orthopedic surgeon for her injuries. Cervical and lumbar disc bulges were found in her MRI.

Plaintiff also claimed that this accident was the “straw that broke the camel’s back” with her stressed relationship with her husband.

At trial, the jury awarded plaintiff $174,678.40, including:

• $36,738 Past Medical Expenses
• $40,000 Future Medical Expenses
• $20,000 Past Physical Impairment
• $15,000 Future Physical Impairment
• $25,000 Past Mental Anguish
• $22,500 Past Physical Pain
• $10,000 Future Physical Pain
• $5,440 Past Lost Earning Capacity

Case Study #7: Plaintiff v. Defendant (Denton County, Texas)

Plaintiff was riding on the back of a motorcycle merging onto Highway 121 in Lewisville, Texas. Plaintiff’s boyfriend was operating the motorcycle and performed three wheelies, the last of which caused her to land on the ground causing severe road rash and other injuries.

Plaintiff was hospitalized for three weeks to treat the burns to her lower back and posterior. Plaintiff also suffered nerve damage to these areas and PTSD. She sought treatment with a psychologist for her anxiety, stress, nightmares, and other psychological issues.

Plaintiff testified at trial that her PTSD is paralyzing and has affected every aspect of her life.

At trial, the jury awarded plaintiff $18,614,874, including:

• $187,437 Past Medical Expenses
• $300,000 Future Medical Expenses
• $1,500,000 Past Physical Impairment
• $3,000,000 Future Physical Impairment
• $9,307,437 Punitive Exemplary Damages
• $40,000 Past Lost Earnings Capability
• $280,000 Future Lost Earning Capability
• $100,000 Past Pain and Suffering
• $900,000 Future Pain and Suffering
• $500,000 Past Disfigurement
• $1,000,000 Future Disfigurement
• $500,000 Past Mental Anguish
• $1,000,000 Future Mental Anguish
  

Case Study #8: Plaintiff v. Defendant (Brevard County, Florida)

Plaintiffs, husband and wife, were driving on 53^rd Street in Indian River County, Florida, when defendant T-boned their vehicle.

Plaintiff-wife suffered physical injuries to her head that manifested into cognitive issues. She sought psychological treatment for her neurological injuries. Plaintiff-husband claimed only emotional distress and loss of his wife’s services, comfort, society, and attention due to her injuries.

At trial, the jury awarded plaintiff-husband $20,837.99, including:

• $3,012 Past Medical Expenses
• $5,000 Past Loss of Consortium
• $4,500 Diminished Value of Vehicle
• $3,326 Loss of Use of Vehicle
• $5,000 Past Emotional Distress or Psychological Trauma

Case Study #9: Plaintiff v. Defendant (Brevard County, Florida)

Plaintiff was rear-ended at a high rate of speed by defendant as she slowed down for construction on State Road 70 in Okeechobee County, Florida.

Plaintiff lost consciousness on impact and was transported to the hospital by ambulance from the scene of the accident. She suffered from wrist and rib fractures, shoulder labrum tear, herniated discs, diffuse axonal trauma to her brain, and anxiety and depression.

Plaintiff sought treatment with a chiropractor and underwent radiofrequency ablations three times per year for her spinal injuries. She also underwent arthroscopic surgery to repair her labrum tear in her shoulder. For her psychological issues, she sought counseling, which is ongoing. Her brain injury caused her to have memory loss, difficulty with language, headaches, tremors and difficulty with personal relationships.

At trial, the jury award plaintiff $4,356,000, including:

• $155,402 Past Medical Expenses
• $1,200,599 Future Medical Expenses
• $1,000,000 Past Pain and Suffering
• $2,000,000 Future Pain and Suffering

Case Study #10: Plaintiffs v. Defendant (Brevard County, Florida)

Plaintiffs, 8-year-old boy and 4-year-old girl, were driving as passengers on I-95 in central Brevard County, Florida, when the driver lost control of the vehicle as she attempted to avoid a phantom vehicle. The vehicle was then struck by an 18-wheeler.

The 4-year-old was flown to a children’s hospital and suffered a traumatic brain injury. The 8-year-old was taken by ambulance to the emergency room and suffered mostly from emotional distress and a mild case of PTSD.  There was a dispute from the defense whether either child suffered from their claimed injuries.

At trial, the jury awarded plaintiffs the following:

8-year-old boy

• $350,000 Past Pain and Suffering
• $750,000 Future Pain and Suffering

4-year-old girl

• $375,000 Past Pain and Suffering
• $1,650,000 Future Pain and Suffering

Contact Our Experienced Car Accident Lawyers to Handle Your Emotional Distress Case

Call us today for a FREE consultation regarding your emotional distress case. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best emotional distress case possible to the insurance company. Call (855) 545-1777 to speak to our personal injury attorneys directly.

A personal injury accident may leave you with more than physical injuries. Accident victims often suffer what is called emotional distress, or psychological harm, as a result of the traumatic experience. Texas courts recognize emotional distress as a type of non-economic or general damages that can be recovered as compensation, if negligence can be proven in a personal injury claim.

Proving Emotional Distress

Unlike a physical injury, which can be substantiated with medical bills and evidence of lost wages, emotional distress can be much harder to prove. The reason being that there is rarely evidence in the form of financial losses to accompany this type of damages.

As a result, the injured person should seek treatment for an accident-related psychological or emotional condition, just as they would for physical harm. This can include treatment from a doctor, psychologist, mental health specialist, counselor, and more. Medical records of the treatment received are vitally important to proving emotional distress, including:

• Records from visits to a physician or counselor
• Insurance claims or receipts of payments made to attending physician or counselor
• Notes from the attending physician or counselor
• Testimony from the attending physician or counselor
• List or receipts of prescribed medications
• Journal of victim’s day-to-day emotional and physical symptoms, and experiences
• Testimony from family members and friends, confirming the victim’s mental state and impact on their life

All of which can be used as evidence in negotiations with the at-fault party, or at trial.

Types of Emotional Distress

There are two different types of emotional distress damages recognized by the state of Texas: intentional infliction and negligent infliction.

Intentional Infliction: the defendant’s harmful behavior was intentionally done to cause emotional distress (e.g. physical or sexual abuse, death threats)

Negligent Infliction: emotional distress due to an accident caused by the defendant’s negligent acts.

One of the largest hurdles is attempting to prove that a defendant’s actions only resulted in mental harm. In most cases, emotional distress must have some form of physical harm associated with it, to be successful on a personal injury claim. However, Texas is one of the few states that allow emotional distress claims to be pursued without the presence of a physical injury. Some examples of situations that may warrant a claim for emotional distress damages, are witnessing a traumatic event, invasion of privacy, defamation, or the parents of an abducted child.

Symptoms of Emotional Distress

There are certain symptoms a doctor or counselor may use to diagnose emotional distress, including:

• Depression
• Humiliation
• Anxiety
• Fear
• Loss of enjoyment of life
• Embarrassment
• Sleeping problems or insomnia
• Chronic fatigue or lack of energy
• Anger or bitterness
• Compulsive or obsessive behaviors
• Post-Traumatic Stress Disorder (PTSD)
• Loss of sexual function, etc.
• Physical signs, such as nausea, vomiting, stomach cramps, weight fluctuations, and more.

It is important to have evidence that demonstrates the intensity and duration of the emotional distress. This is what will prove the harm is severe enough to deserve financial compensation.

For a more thorough discussion on emotional distress, see the article we wrote on “Can I Recover for Emotional Distress After a Car Accident?”

Contact Us for a Free Consultation

Proving emotional distress can be difficult, but with a uniquely crafted legal strategy we can make sure you are rightfully compensated. Contact the Houston personal injury lawyers at Milano Legal Group by dialing (713) 489-4270 today.

Below we will cover important tips and tactics to help you maximize your bodily injury settlement, including answers to frequently asked questions regarding Progressive car accident settlements.

Overview of Progressive Claims

Progressive is the second largest insurance company in the United States (by direct premiums written). We’ve all seen their ads featuring their well-known mascot, Flo, their fictional salesperson. Flo, like the GEICO gecko and Allstate mayhem character, is used by marketing companies to soften the image of insurance companies and to appeal to the general public using humor. Without that it would be almost impossible to market a product like insurance in a way that would be appealing to the masses.

The fact is the car insurance business is anything but humorous. It’s a business where massive amounts of money are collected from people with only a small part of it being paid out in claims. The large majority of this money is invested in the stock market and other investments. Insurance companies like Progressive make huge profits as a result.

Progressive serves a certain segment of the market just as GEICO does. It offers low-cost insurance to all types of drivers. Most of the policies sold by Progressive are on the low end. This is good and bad news. The good news is Progressive is more likely to pay their policy limits on a claim if, in their opinion, the damages justify doing so. The bad news is if you have serious injuries, it’s likely there won’t be enough insurance to cover all your damages.

Progressive’s Unfair Claims System

Progressive is known for being cheap. They will do everything they can to avoid paying fair value for a claim. How do they do it? First, they will deny liability on claims for a myriad of reasons. Even if they do accept fault for the accident, they will substantially discount the amount that they pay for your medical bills by using an internal arbitrary amount they consider “usual and customary.” Then, they will flat out reject paying some of your medical bills with the excuse that the treatment was unnecessary or excessive. Next, they will insult you further by paying only a fraction of your pain and suffering and other general damages (e.g., emotional distress, loss of enjoyment of life, etc.). Finally, they will fight you tooth and nail in litigation if you file a lawsuit against their insured.

Fight Progressive’s Unfair System with Knowledge

Don’t be a casualty to Progressive’s unfair claims system. Knowing your rights and being a well-informed claimant will help in leveling the playing field against this massive insurance company. The following 10 tips will help in overcoming Progressive’s unfair claims system:

1. Avoid Talking to Progressive

Limit your contact with Progressive as much as possible. Once their adjusters get you on the phone, be brief and try not to get cornered by their questions on the facts of the accident or your injuries. In fact, I would avoid talking to Progressive completely if they want a recorded statement. If Progressive is the at-fault party’s insurance company, there is no requirement that they take a recorded statement from you. If Progressive is your insurance company, you may need to give them a recorded statement. In either scenario, do not give a recorded statement to Progressive until you’ve consulted with a car accident lawyer.

2. Provide Evidence

Document the accident the best you can. This means gather as much evidence as possible just in case Progressive attempts to place some or all of the fault on you. This is very common in intersection accidents, left-hand turn accidents, and head-on collisions where there are no independent witnesses. Many times, Progressive will gamble and take the side of their insured even though there’s no clear evidence that would absolve their insured from liability.

Use Your Smartphone

Gather any evidence you can with one of the best tools we all carry everywhere we go—our smartphones. Use your camera and notes apps to document everything you can. Take pictures and videos of the vehicles involved, parties involved, driver’s licenses, license plates, insurance cards, road conditions, weather, traffic signs/lights, road debris, lighting, and any other physical piece of evidence you can that might be relevant.

Crash Report

A critical piece of evidence that you’ll want to get is the crash report. Either download a copy of the crash report online or pick up a copy from the appropriate police substation. A crash report is prepared by the officer that arrives on scene of an accident. Most of the time, if there are injuries or substantial property damage the officer must write a crash report.

What’s in a crash report? Well, it’ll have the who, what, where, when of the accident, including parties and witnesses’ names, time and place, and facts about how the accident occurred. In the report the officer may assign fault to one or both parties based on his/her opinion. This typically carries significant weight with Progressive and other insurance companies since the officer is not only an independent witness but can be considered an expert witness if your case goes to trial. Also, the crash report itself can come into evidence at trial but there will be certain parts of it that may not come in since they are considered hearsay evidence.

Independent Witnesses

Having an independent witness can be crucial to your case. An independent witness is someone who witnesses the accident with their own eyes or ears but doesn’t have any interest in the outcome. This will usually be another driver or pedestrian that witnessed the accident as it happened. In addition, a police officer that arrives on scene of an accident is also considered an independent witness, as mentioned above.

What isn’t an independent witness? That would be someone like a passenger in one of the vehicles involved in the crash or anyone that has a financial interest in the outcome of the case, including a spouse or family member of a party to the accident, even if they witnessed the accident themselves.

Event Data Recorder (EDR)

If your accident involved significant property damage and/or injuries and Progressive is denying liability, downloading the data from your Event Data Recorder may be useful.

What is an Event Data Recorder (EDR)? An EDR is a device installed in vehicles by auto manufacturers that record certain data before and during a crash. Most vehicles on the road have some version of an EDR. Federal law mandates that certain data be recorded by the EDR, including vehicle speed, acceleration, braking, airbag deployment, seat-belt status, and other important data.

You’ll need an expert such as an accident reconstruction expert to download and interpret the raw data from the EDR. This can be expensive. So, it may only be worth it if your crash was serious.

Keep in mind, if you intend to seek the other party’s EDR data, you’ll likely need a court order to access it and that usually requires a lawsuit be filed.

Security Camera / Residential Doorbell Camera Footage

If the accident occurred near a busy road or street where there are surrounding businesses with security cameras, it’s possible that one or more of those security cameras caught footage of the accident.

Additionally, if your accident occurred in direct view of a residential home equipped with a doorbell camera, it’s possible there may be footage that can help your case.

The challenge with both the security camera and doorbell camera footage is that it might be difficult to obtain from the owner. This footage is private property, and the business owner or homeowner doesn’t have to turn it over to you unless you get a court order. This may take time and the more time that passes, the greater chance that the footage will be erased.

If the accident was a hit-and-run or involved a serious injury or death, the police may be able to acquire this footage during their investigation. So, it’s important to follow up with the investigating officer and ask if they were able to find such footage.

Traffic Light Camera Footage

If you can actually access traffic light camera footage, do it. But accessing it may be more difficult than you think.

Most people think there are traffic cameras installed at most major intersections throughout their city. This isn’t true. There may be cameras on some traffic lights but most of the time these are only used for monitoring traffic flow and aren’t actually recording. There may be some cameras that do record but this footage may be difficult to access. You’ll need to go through the appropriate channels and fill out records request forms or need a court order, which takes time.

Dash Camera Footage

Nowadays, with the advancement of inexpensive technology such as a dash camera, many drivers now have these installed in their vehicles. As you can imagine, this footage can be invaluable when you’re involved in an accident where Progressive is denying liability.

Important note: don’t voluntarily provide this footage to Progressive or any insurance company unless you have to. They may try to interpret this footage against you by saying you took faulty evasive action or did something wrong that contributed to the accident.

Social Media Accounts / Cell Phone Records

If you’re fighting with Progressive over liability and think their insured was on their cellphone right before the accident, you may be able to get access to their social media accounts or cell phone records.

If their insured was texting or posting something on their social media account immediately before the accident, they can not only be found liable for the accident, but also liable for punitive damages. Punitive damages are awarded to an injured party when the at-fault party does something egregious, like texting and driving. These damages are awarded in addition to regular compensatory damages (e.g., medical expenses, lost wages, pain & suffering). They are intended to punish the at-fault party for their conduct.

Getting access to the Progressive driver’s social media accounts or cell phone records will almost always require a court order or that a lawsuit be filed. But you can always do your own investigating by searching their social media accounts and looking to see if they posted anything at around the time of the accident.

3. Mitigate Your Damages

Under the law, an injured party has a duty to mitigate their damages. What exactly does that mean? Mitigate means to make less severe. So, you have a duty to minimize the costs and damages associated with your accident. You can’t just sit back and let your injuries get worse or let your car sit at a storage lot and expect Progressive to pay for it all.

Failure to mitigate your damages is a common defense that Progressive uses in cases where the injured party fails to go to the doctor as soon as possible. They will argue that your injuries were made worse because of your own neglect.

The lesson here is to get medical treatment immediately and if your car was not drivable after the accident, make sure it’s parked somewhere it won’t accrue excessive storage fees. Also, if your car is totaled, don’t expect Progressive to pay for your rental car for an indefinite time. They will only usually provide a rental car for a few days after they’ve made an offer on your totaled vehicle. So, act fast when you think your car may be totaled and start shopping for another vehicle immediately.

4. Recover ALL Your Damages

Make sure Progressive is aware of ALL your damages that occurred as a result of your accident. Some claimants aren’t aware of all the recognizable damages that are recoverable under the law. These include:

Medical Expenses

Medical expenses such as your emergency room bill or pain medication prescription expenses are recognizable damages under the law. These are typically the largest part of most auto accident injury case’s damages. Not only is Progressive on the hook to pay your past medical expenses but they are also obligated to pay any medical treatment that is reasonably certain to occur in the future. Usually, you’ll need your doctor or a medical expert to provide proof that you will need future medical treatment.

Lost Wages / Lost Earning Capacity

A claim for lost wages is compensation for any missed time at work when you weren’t paid or had to use sick or vacation time. The best way to prove lost wages is to have your doctor write an excuse for you showing that you’ll need to miss work as a result of your injuries. You’ll also need proof from your employer that you missed work and what your rate of pay is. You can usually use pay stubs, tax returns, or bank statements for proof.

Lost earning capacity is compensation for severe injuries that cause permanent impairment to the point where the injured party will no longer be able to perform the job he/she did before. A claim for lost earning capacity will usually require an estimate from an expert such as an economist.

Physical Pain and Suffering

Most people are aware of this category of damages. But what exactly is it? Physical pain and suffering are the negative physical sensations experienced by an injured person. For example, it’s the stabbing, burning, throbbing, or aching felt by someone with a skin, bone, or soft tissue injury.

You can recover physical pain and suffering for the past and the future.

Mental / Emotional Distress

Mental or emotional distress damages compensates the injured party for the mental impact an injury has on their mind. This may include anxiety, depression, and Post-Traumatic Stress Syndrome. In most cases you’ll need a physical impact to claim mental or emotional distress. So, if only your vehicle was damaged and it stressed you out, you won’t qualify for mental or emotional distress.

You can also recover for mental or emotional distress in the past and the future.

Physical Impairment

You can recover compensation where your accident injured you to the point that you now have a permanent disability. A way to prove physical impairment damages would be to show Progressive that you can’t do the activities that you once did prior to the accident. For example, if you could no longer pick up your children due to your back injury, you may be able to qualify for physical impairment damages.

Scarring / Disfigurement

If you have scars, burns, or permanent marks on your body from your auto accident, you may be entitled to scaring or disfigurement damages. The best way to prove these types of damages is by providing Progressive with photos of your scars.

Loss of Enjoyment of Life

Loss of enjoyment of life damages compensates you for the loss of participation of life’s activities to the quality and extent normally enjoyed before the injury.  You can recover for both past and future loss of enjoyment of life. An example of loss of enjoyment of life would be where the injury resulted in not being able to play with your children as you once did prior to the accident.

Loss of Consortium

Loss of consortium compensates your spouse or children for the loss of love, care, affection, companionship, and other pleasure of the relationship that may occur from your injuries. This category of damages is only for the spouses and children of accident victims. Proving these damages will usually require establishing that the relationship before the accident was stable and loving.

Punitive Damages

Punitive damages are intended to punish the at-fault party for their intentional, reckless, or grossly negligent conduct. Punitive damages are awarded in addition to compensatory damages. Compensatory damages are all the other previous types of damages discussed above. An example of where you may be able to get punitive damages is a case where a drunk driver caused your accident.

5. Prove Your Injuries are Severe

Progressive will place a larger value on your case if your injuries are more severe than, say, a soft tissue injury case (e.g., whiplash). Which injuries are more severe and worth more than a soft tissue injury case? Herniated discs, fractures/broken bones, traumatic brain injuries (even mild case), or tendon/ligament tears. All of these types of injuries usually require substantial medical treatment or surgery and therefore increase your medical damages and the value of your case. In addition, more serious injuries also drive the general damages portion of your case value since it is presumed that more serious injuries cause more pain and suffering.

So, how do you prove your injuries are severe? Your medical records, including MRI or X-Ray results is the best way. For example, if your MRI shows that you have a large, herniated disc (>3mm), that is causing moderate to severe spinal stenosis, that is proof that your injuries are severe and likely causing significant pain and suffering.

6. Discuss Your Case with a Lawyer

Discussing and hiring a car accident lawyer for your case is probably the best advice I can give to you. There are four main reasons why this is the case:

Free Advice

Personal injury attorneys all give free consultations. This means that no matter what you will get FREE advice from them even if you don’t end up hiring them. There is no downside. If you want to get their advice and try to settle your case on your own, you have that option.

They Only Get Paid If They Win

Personal injury attorneys always work on a contingency fee arrangement. That is, they only get paid if they are able to get you a settlement. So, they have an incentive to do the absolute best for you and get you the most money possible from the insurance company. Also, you don’t need to pay them anything out of pocket to start working on your case.

Your Case Will Be Worth More

When Progressive knows you don’t have a lawyer, they will assign the case to a low-level adjuster that only handles non-represented claimants. These adjusters are usually the least experienced and have very little settlement authority. They will try to settle your case for a nuisance amount. In other words, they will try to offer you $1,000 to $2,000 and pay for some of your initial medical treatment.  But once you hire a lawyer, the case will be transferred to a more seasoned adjuster with more settlement authority. So, just by hiring a lawyer, your potential case value increases automatically.

And don’t forget that your attorney will build your case properly, present the best case possible to Progressive, and negotiate your case aggressively with the adjuster.

More Money in Your Pocket

Even though you’ll be paying a portion of your settlement to your lawyer, you will most likely end up with more money than you could if you handled the case on your own. There are studies that show that claimants that had an attorney handle their case received two to three times more of a settlement than those that handled their own case.

7. Be Familiar with Common Legal Doctrines

It’s not important for you to know the names of these legal doctrines but an understanding of these doctrines will help in your negotiations with Progressive.

Negligence

Car accidents are analyzed under the doctrine of Negligence. Most of us have an idea of the meaning of negligence. It seems relatively straight-forward. But under the law, it’s a bit more complex. Negligence is a whole body of tort law that deals with determining whether someone is liable for causing harm to another.

We’re only talking civil liability here, not criminal. More specifically, Negligence law deals with those acts that were not intended by the actor, but those that were done without using due care. The law uses a reasonable person standard to analyze whether someone should be liable for causing harm to another.

The plaintiff has the burden of proving that the defendant acted carelessly and as a result caused his/her damages. There are elements that the plaintiff will need to prove, including:

1. Duty – We all owe a duty to each other not to cause harm to one another. For example, you should pay attention to the vehicle traveling in front of you so that you will have enough time to stop without rear ending them.
2. Breach of Duty – The breach of duty occurs when the defendant fails to meet the reasonable person standard. For example, a breach would occur where you fail to pay attention to the vehicle in front of you and cause a rear-end accident.
3. Causation – The breach of duty has to be the cause of the damages. There are two types of causation that need to be proved here:
   1. Cause-in-Fact – Was there a cause-and-effect relationship between the breach (i.e., not paying attention) and the damages (i.e., personal injury and property damage)?
   2. Proximate Cause – Was the harm foreseeable? In other words, are the damages caused by something that could be expected from the defendant’s carelessness? For example, were the injuries and damages to the rear-ended driver, let’s say whiplash and damage to the rear bumper, foreseeable when you failed to pay attention to the car in front of you?
4. Damages – Damages are recognizable losses caused as a result of the defendant’s carelessness. These can be injuries, property damage, emotional distress, etc.

Why is knowing the doctrine of Negligence important in negotiating your case with Progressive? Knowing the concept can help you avoid having your case undervalued by the Progressive adjuster. Progressive is notorious for extending nuisance offers to claimants. They even had adjusters show up to the scene of the accident attempting to settle the case with the claimant. They know that in most cases (i.e., soft tissue injury cases), the bodily injury damages are nominal at that point. The claimant has not received any medical treatment, hasn’t been diagnosed with an injury, and hasn’t suffered any recognizable damages. Therefore, the claimant’s Negligence case is weak. This is the reason Progressive adjusters try so hard to settle your case immediately. They know if the case matures, and you hire an attorney, they will be paying an exponential amount on the claim.

Negligence Per Se

Negligence Per Se is a doctrine that says if the defendant that caused the accident also violated a statute, ordinance, or some other law, negligence is presumed. Depending on how Negligence Per Se is applied in your state, you may only need to prove Causation and Damages in your case. This makes it a lot easier to prove your case to the Progressive adjuster or to a jury if it ever gets to a jury trial.

Keep in mind that the statute or ordinance needs to be one that is intended to discourage the particular harm that was caused, and the defendant must not have an excuse for his failure to abide by the statute.

An example of Negligence Per Se is where a speeding driver causes a car accident. If the speeding driver was cited for driving 15 miles over the posted speed limit, he has violated a state law or city ordinance. The purpose of the speed limit statute or ordinance was to protect other drivers from harm caused by auto accidents. If there are no legal excuses for the speeding driver to be exceeding the speed limit, then he/she would be “per se” (Latin for in and of itself) negligent. In this case, if the speeding driver caused an accident that injured another driver, the injured driver would have a stronger case against the speeding driver.

Therefore, it’s crucial in your case against Progressive to download your crash report and see whether the at-fault driver was cited for a traffic violation when he/she caused your accident. If they were given a ticket for a traffic violation and caused the accident as a result, you need to stress that to the Progressive adjuster.

Eggshell Skull Plaintiff

The Eggshell Skull Plaintiff doctrine says that the defendant is responsible for making your delicate condition worse. If you have a preexisting condition or injury that is exacerbated or aggravated by an auto accident caused by a careless driver, they are responsible for making it worse. This is true even if a normal person wouldn’t be affected by it.

An example of this would be where an elderly woman was severely injured in a very minor fender-bender accident where there is little visible damage to either car. But she sustained fractures due to Osteoporosis, her preexisting condition. It doesn’t matter that anyone else wouldn’t be injured to this degree. What matters is SHE was injured to this degree. The law says the defendant takes the plaintiff as he/she finds him.

If Progressive tries to use your preexisting condition or injury against you to say that your case isn’t worth as much, tell them you know about the Eggshell Skull Plaintiff rule.

Collateral Source Rule

The Collateral Source Rule says that if someone other than the one who causes your injuries pays your medical bills or you receive some other benefit from them, the at-fault party isn’t given a break in compensating you fully for your damages. This means if your health insurance company pays for your medical bills, the amount paid doesn’t reduce the amount the at-fault party is on the hook to pay.

The idea behind this rule is to not give the defendant a windfall in the event that the plaintiff, or someone acting on their behalf, was responsible enough to purchase health insurance.

Progressive may try to ignore this rule and minimize your case value if your health insurance or Medicaid/Medicare reduced or paid your medical bills. Don’t let them do this. Depending on your state, there may be exceptions or limitations to this rule. The best thing to do is talk to an attorney as soon as possible if Progressive tries to disregard the Collateral Source Rule.

Vicarious Liability

Vicarious liability places fault on someone other than the at-fault party due to a special relationship. The most common special relationship under vicarious liability is the employer-employee relationship. This is known as the Respondeat Superior doctrine. An employer is responsible for the negligent acts of their employees under certain circumstances.

Progressive is one of the largest commercial auto insurance carriers in the U.S. It is likely if you’re ever involved in an auto accident with a rideshare vehicle, van, box truck, or large truck, Progressive will be the commercial vehicle’s insurance carrier.

In Florida, another common type of vicarious liability is under the Dangerous Instrumentalities doctrine. This doctrine places fault on the owner of a vehicle when someone else is driving it and causes an accident.

Comparative Fault

If you’re partially to blame for your auto accident, it’s likely Progressive will reduce the amount of your recoverable damages. In some states like Florida and Texas, if you’re more than 50% at fault for your accident, you’re completely barred from recovering any of your damages. Other states like Arizona and California are more forgiving in that you can still technically recover some of your damages even if you’re 99% at fault.

8. Know How Preexisting Conditions Affect Your Case

As previously mentioned above, the Eggshell Skull Plaintiff rule enables recovery of an exacerbated or aggravated preexisting injury or condition. Although this rule is well established common law, in practice there are two likely scenarios when you have a case with a preexisting injury or condition:

Preexisting Injury/Condition Helps You

Progressive may fully acknowledge the existence of the Eggshell Skull Plaintiff rule and apply it to your case. By doing so, they may accept all medical bills, lost wages, and pain and suffering damages on your case. However, this is a less likely scenario.

Preexisting Injury/Condition Hurts You

The most likely scenario is that Progressive will ignore the Eggshell Skull Plaintiff rule completely. They will argue that it is impossible to distinguish the preexisting injury or condition from the new injury. This is very common with spinal injuries, especially when the claimant is older. They will claim that the complaints of pain are all due to a degenerative condition (i.e., ageing) and not the accident itself. In essence, they are trying to rebut the third element of your Negligence case—Causation.

9. Know the Progressive Policy Limits

Progressive largely serves a market of folks that are looking for a bargain on their auto insurance rates. As a result, you end up with many Progressive policies sold with state minimums. Each state has different liability insurance limits requirements. Some are:

• Arizona
  • Bodily Injury: $25,000 per person and $50,000 total per accident
  • Property Damage: $15,000
• California
  • Bodily Injury: $30,000 per person and $60,000 total per accident
  • Property Damage: $15,000
• Florida
  • Bodily Injury: Not required
  • Personal Injury Protection: $10,000
  • Property Damage: $10,000
• Texas
  • Bodily Injury: $30,000 per person and $60,000 total per accident
  • Property Damage: $25,000

In many cases, your compensation will be limited to the amount of the at-fault party’s insurance policy limits. Knowing the policy limits early in your case will be useful in figuring out how to proceed.

In most states, insurance companies are not required to disclose their policy limits in third-party claims. Some states, like Florida, do require it on written request. If you’re in a state where disclosure is not required, you can always request that Progressive ask their insured permission to disclose their policy limits. Sometimes this works. If not, it’s likely you’ll need to get an attorney involved to get this information.

If you have substantial medical bills and there’s a minimum policy, you may be better off immediately settling for policy limits instead of drawing out your case only to find out that you won’t be fully compensated for your medical bills, lost wages, and pain and suffering. Remember: money now is worth more than money in the future. Of course, always perform a thorough investigation on any potentially liable parties and check whether you have underinsured motorist coverage first before you settle with Progressive. Most underinsured motorist policies require permission from the underinsured carrier before you can settle with the at-fault party’s insurance company.

Another scenario where policy limits may affect your case is where there is a large Progressive insurance policy and you have minor injuries (e.g., whiplash). In these cases, Progressive may low-ball you since they aren’t worried about defending a case where, if presented to a jury, the risk of an excess verdict is unlikely. Insurance companies hate paying one penny above their policy limits. But if there is a very low chance that will happen if your case goes to trial, there is no pressure for them to settle.

10. Use Your Un/Under-insured Motorist Coverage

Uninsured Motorist Coverage

If Progressive denied your claim due to their insured’s policy lapsing or some other coverage issue, you may be able to recover your damages through your own insurance company. This will depend on whether you purchased uninsured motorist coverage or if you are a resident-relative to someone that has an active uninsured motorist policy.

When you use your uninsured motorist coverage, your insurance company steps into the shoes of the at-fault party. Even though you are dealing with your own insurance company in an uninsured motorist claim, don’t think they will be purely altruistic. It’s at this point your relationship with your insurance company becomes adversarial. You’ll want to use the same caution as you would with the at-fault party’s insurance company.

The good news is your own insurance company has certain duties under the law that the at-fault party’s insurance company doesn’t have. Number one: they must act in good faith in handling and resolving your claim. This is due to the fact that there is a contractual relationship with you and your insurance company; and in every contract, there is an implied duty of good faith. If they violate that duty, they could be subject to additional claims known as Bad Faith.

Underinsured Motorist Coverage

If the at-fault party’s Progressive policy limits are insufficient to cover your damages, you have some options. Hopefully, you’ve purchased underinsured motorist coverage. This is usually bundled with uninsured motorist coverage. This coverage provides additional protection in the event that you’re injured by a driver with insufficient insurance coverage. If you have an underinsured claim, your insurance company will also step into the shoes of the at-fault driver. So, again, don’t get too comfortable in dealing with your own insurance company in these types of cases. Your insurance company will also be subject to the same Bad Faith claims that are available in uninsured motorist claims, if they do not handle or resolve your claim fairly.

How Long Does It Take Progressive to Settle a Claim?

In our experience most cases with Progressive settle within six months. However, be aware that the length of time it will take for Progressive to settle a claim will depend on several factors, including:

Severity of Injury and Policy Limits

If your injuries were severe and the Progressive policy limits are low, you can likely settle your case quickly. Progressive doesn’t want to risk an excess verdict in this type of scenario. If your injuries are minor (i.e., soft tissue injuries) or the Progressive policy limits are large, Progressive will be less motivated to quickly settle your case for full value.

Pre-Litigation vs. Litigation

Cases usually settle faster before a lawsuit is filed, and usually a lawsuit is filed because the case couldn’t be resolved in pre-litigation. If a lawsuit is filed, your case may take some time to settle. Progressive attorneys may want to take your deposition and/or learn more about the strength of your case through written discovery in litigation. If you’re not able to settle your case before trial, you may need to wait all the way until your case is heard before a jury to get resolution. Depending on how crowded the court docket is your jurisdiction, litigation can sometimes take years.

Medical Treatment

You shouldn’t settle your case until you have been released from treating with your doctors or at least know the extent of any future medical expenses. If you settle your case prematurely, you can’t go back to Progressive and ask them for more money. Settlements are final.

Can Progressive Deny My Claim?

Yes, of course they can. The most common reasons for a denial are based on liability, coverage issues, or if your claim is categorized as a Minor-Impact-Soft-Tissue-Injury (M.I.S.T.) claim.

Liability Denial

If Progressive thinks that you were at fault for your accident, then they may deny liability on your claim altogether. In this case, they may not make any offers to settle your case at all. You will either need some good evidence or file a lawsuit in order to get them to change their position. See Tip #2 above for pointers on presenting evidence to Progressive.

Coverage Denial

Coverage denials can be for many different reasons. The most common of which are for either a lapse in coverage (e.g., insured didn’t pay their bill) or when the at-fault driver was not a permissive user (i.e., car was stolen). There may be ways around coverage issues, but you’ll likely need a lawyer to evaluate your own situation.

Minor-Impact-Soft-Tissue-Injury (M.I.S.T.)

M.I.S.T. cases are those where there is little visible property damage to the vehicles involved in the collision and the injuries are minor (e.g., whiplash). If your claim gets categorized as a M.I.S.T. case, Progressive will argue that there is no mechanism of injury and won’t pay for any of your injuries. These cases can be difficult and may require that you hire a lawyer. Litigating a M.I.S.T. case can be tricky since the costs to litigate may outweigh the benefits since you may need to pay experts such as a Biomedical Engineer to prove your case.

Is Progressive Good at Paying Claims?

Just like the rest of the large auto insurance companies, Progressive is not good at paying claims. Out of all the top five largest insurance companies in the U.S., I’d say they are not the worst and not the best. Nevertheless, they use similar tricks and tactics to avoid paying claims. As mentioned above, they will use a wide variety of excuses to either undervalue your claim or deny it outright. The best thing you can do is get the free advice of an experienced auto accident attorney.

Does Progressive Offer Low-Ball Settlements?

There is no question that they do. This is especially true with soft tissue injury cases. Low-ball offers is a common trick with all insurance companies. They know that a low-ball offer will discourage the average claimant from fully pursuing their case or even hiring a lawyer. Don’t let Progressive discourage you from receiving full compensation on your claim. Use as many of the tips in this article to deal with them and if that still doesn’t work, hire a lawyer.

Progressive Car Accident Settlements

Below are some our own Progressive auto accident case settlements and some pulled from Verdict Search, a database of jury verdicts and settlements.

Case Study #1: Client v. Progressive Insured (Volusia County, Florida)

Client was traveling southbound on North Causeway near Middle Way in New Smyrna Beach, Florida, when she was rear ended by a Progressive insured.

The following day our client went to urgent care with complaints of headaches and back pain. Our client followed up with a chiropractor and was referred out for MRIs of her cervical and lumbar spine. The MRIs revealed bulges at C2-C3, C4-C5, C6-C7, L2-L3, and L3-L4 and disc herniations at C3-C4, C5-C6, and L4-L5. She was later referred to an orthopedic surgeon where she received epidural steroid injections and a medial branch radio-frequency ablation.

We later send a demand to Progressive for $300,000. Their first offer was $69,000. We later settled our client’s case for $125,000.

Case Study #2: Client v. Progressive Insured (Pinal County, Arizona)

Our client was driving his Chevrolet pickup westbound on Interstate 10, near mile post 217 in Picacho, Arizona, when he was rear-ended by a Progressive insured while traveling approximately 70 miles per hour.  Due to the differing ride heights of each vehicle, the Progressive insured’s front end went under our client’s truck rear end.  The impact from the Progressive insured’s vehicle caused our client’s vehicle to spin around 180 degrees, ultimately resting opposite of traffic, on the unpaved shoulder of the highway.

Our client’s airbags did not deploy, and his face struck a hard surface in his vehicle, causing significant facial injuries. He was then transported from the scene of the accident, by ambulance, to the emergency room.  He sustained multiple serious injuries, including nasal bone fracture, septal hematoma, facial fractures, closed head injury, and an intracerebral hemorrhage.  A CT scan of the Maxillofacial Area (face and jaw) was taken at the emergency room and the findings included displaced bilateral nasal bone fractures. On the right there was an extension of fracture into the nasolacrimal duct and minimally into the lamina papyracea (skull fracture).  Also, there was a mildly comminuted nasal septum fracture.

Our client later presented to a plastic surgeon for evaluation and discussion on his facial injuries’ treatment options. The doctor ordered surgery on our client’s facial injuries, including a closed reduction of the nasal bone and nasal septal fracture.

We demanded Progressive pay their policy limits immediately and they tendered their $15,000 policy limits. Due to the insufficiency of the Progressive insurance policy, we sought recovery from our client’s underinsured motorist policy. We settled with his underinsured carrier for $60,000, for a total settlement amount of $75,000.

Case Study #3: Clients v. Progressive Insured (Travis County, Texas)

Our clients were traveling in the rear seat of a rideshare vehicle heading westbound on East Braker Lane toward the I-35 service road intersection when a Progressive insured turned left in front of their vehicle causing a collision. The Progressive insured then proceeded to flee from the scene of the accident. The police later caught him, and he was cited for failure to stop and render aid.

Both of our clients presented to the emergency room three days after the accident. Client #1 complained of chest wall and left shoulder pain. He then later presented to a chiropractor for treatment of his injuries. He was later referred out for an MRI of the cervical spine and left-sided brachial plexus. The radiologist noted a 1mm disc bulge at C5-C6 and C6-C7, as well as a subtle fracture in the left upper sternum. Due to persisting pain in his neck, he was referred out to a pain doctor where he received a cervical epidural steroid injection.

Client #2 complained of pain in her hips and right lower leg. She followed up with a chiropractor and received an MRI of her pelvis and X-Ray of her lumbar spine. The radiologist noted soft tissue edema in the right buttock region and a potential labral tear.

We sent demands for policy limits for both clients and received initial offers of policy limits of $30,007 for Client #1 and $12,900 for Client #2. We later settled Client #2’s case with Progressive for $17,000. Client #1 received a total of $67,500 in settlements, including underinsured motorist benefits and Personal Injury Protection from his own carrier. Client #2 received a total of $19,500, including $2,500 in Personal Injury Protection from her own carrier.

Case Study #4: Client v. Progressive Insured (Hood County, Texas)

As our client was entering her vehicle in a hospital parking lot in Granbury, Texas, a Progressive insured rear-ended her vehicle. As a result, she hit her head against the A-pillar of her vehicle.

Our client then immediately presented to the emergency room with complaints of headache and neck pain. She was given pain medication and discharged later that night.

She then presented to a chiropractor the next day for her headaches and neck pain. The chiropractor referred her out for MRIs of her brain, and cervical and lumbar spine. The radiologist noted minimal spondylosis in her neck and an aneurysm in her brain. As a result of her severe headaches and the positive finding of her brain MRI, she was rushed to the emergency room by Life Flight.

We immediately sent Progressive a demand for policy limits. They quickly responded by tendering their policy limits of $50,055.

Case Study #5: Clients v. Progressive Insured (Fort Bend County, Texas)

Our clients, a mother with her two young children, all pedestrians, were crossing the street in a residential area of Sugar Land, Texas. A Progressive insured was traveling northbound in her SUV and was stopped at the stop sign.  As our clients attempted to cross the street in the crosswalk, the Progressive insured failed to yield the right of way to our clients, striking one of the children, causing her to fall to the concrete and hit her head. Police arrived at the scene, statements were taken, including a statement from the Progressive insured stating that she was being distracted by her phone at the time of the accident.

Immediately from the scene of the accident, our client was rushed to the emergency room by ambulance. She presented to the emergency room doctor with complaints of head trauma and injuries to her face, hips, thighs, and extremities. The doctor ordered the following imaging to be performed, including CT scan of the brain, chest X-Ray, abdomen/pelvis CT scan, facial bones CT scan, X-Ray of the right foot, X-Ray of the left humerus, X-Ray of pelvis, CT scan of the cervical spine, and X-Ray of the tibia fibula. The diagnosis included facial contusion, hematoma of the scalp, multiple contusions, musculoskeletal pain, and nasal swelling. Upon release, instructions were given to follow up with pediatric surgery within one week, to follow up with a primary care provider within three to five days, and to return to the emergency department if needed.

Days later, due to swelling and bruising of our client’s nose and the worsening of her head contusion, she presented to the emergency room. Facial bones CT scans were ordered. Abnormalities were discovered and the doctor prescribed antibiotics to treat the swelling. The emergency room doctor instructed our client’s parents to follow up with a pediatric ENT as soon as possible.

Our client later presented to a pediatric ENT complaining of a possible broken nose due to significant bruising and swelling. The ENT evaluated our client’s nasal injury, ordered an X-Ray for further treatment, and prescribed medication to help reduce swelling.

Subsequently, our client presented to a pediatric neurologist seeking an evaluation of the abnormal bump on her head. She had been experiencing neurological irregularities including movements of the face. In addition, she complained of headaches for the first month after the accident. The neurologist ordered an MRI of the brain and prescribed medication to alleviate her symptoms.

We later sent Progressive a demand for their policy limits of $250,000. Their first offer was $108,000. We then proceeded to file a lawsuit against their insured. We ultimately settled our client’s case for $220,000.

Case Study #6: Client v. Progressive (Harris County, Texas)

Our client, a ride-share driver, was traveling eastbound on Tidwell Road in Houston, Texas, when an Allstate insured ran a stop sign and t-boned her on the front right fender of her vehicle. Houston Police arrived on the scene and determined the Allstate insured was at fault for the accident.

Four days later, our client presented to a chiropractor complaining of extreme pain in her left shoulder, and back and neck pain. Due to her persistent pain, our client was referred out for MRIs of her shoulder, cervical spine, and lumbar spine. The radiologist noted a high-grade partial tear of the supraspinatus tendon in her left shoulder. She was later referred out to an orthopedic for an evaluation on her torn tendon. The orthopedic surgeon recommended arthroscopy surgery to repair the tendon. Our client proceeded with the surgery.

We sent a demand to Allstate for their policy limits of $30,000, which they tendered. We sought underinsured motorist benefits from our client’s insurance carrier, Progressive. We demanded her policy limits of $60,000, which they later tendered. In total our client received $93,615.07 in total settlement funds, which included $3,615.07 in lost ride-share revenue.

Case Study #7: Plaintiff v. Defendant (Kern County, California)

Plaintiff, while riding her bike in a crosswalk, in Bakersfield, California, was struck by defendant, and thrown on her hood, later falling onto the street. Her injuries included pelvic fracture, rib cage contusions, leg contusions, and neck and shoulder sprains.

Plaintiff was transported to the emergency room by ambulance. She later underwent 12 weeks of physical therapy, as well as several lumbar epidural steroid injections.

She later settled with Progressive for $95,000 of their $100,000 policy limits prior to trial.

Case Study #8: Plaintiff v. Defendant (Orange County, California)

Plaintiff was driving eastbound through the intersection of Alton Parkway and Armstrong Avenue in Irvine, California, when defendant made a left-hand turn in front of her, causing the collision.

Plaintiff was rushed to the hospital from the scene of the accident by ambulance. She suffered nose and eye socket fractures, as well as abrasions to her face, elbow, and knee. She underwent surgery to repair her orbital floor and nasal fracture.

Progressive later tendered their policy limits of $250,000.

Case Study #9: Plaintiff v. Defendant (Santa Clara County, California)

Plaintiff was driving her vehicle southbound on San Antonio Road in Santa Clara, California, when she was T-boned on the left side by the defendant while she ran a stop sign.

The plaintiff presented to the hospital after the accident and was diagnosed with traumatic ulnar nerve damage to her right (dominant) wrist. She missed two weeks of work suffered with loss of enjoyment of life from the injury.

Plaintiff sued the defendant and following an arbitration hearing, Progressive agreed to settle her case for their policy limits of $50,000.

Case Study #10: Plaintiff v. Defendant (Los Angeles County, California)

Plaintiff, a pedestrian, was struck by a vehicle driven by Defendant as he had veered onto the sidewalk on Elm Street in Los Angeles, California. Plaintiff was taken to a hospital, where he later died.

Defendant attempted to flee the scene of the accident but was later captured by police. He had a .20 blood alcohol level. He also had prior felony D.U.I convictions.

The case later settled for $1,000,000, $250,000 of which was paid by Progressive, their policy limits.

Progressive Contact Information

Website: https://www.progressive.com/

Claims: 800-776-4737

Progressive Campus Locations: https://www.progressive.com/locations/

Claims Locations: https://www.progressive.com/careers/locations/claims-offices/

Contact Our Experienced Car Accident Lawyers to Handle Your Progressive Claim

Call us today for a FREE consultation regarding your Progressive bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to Progressive. Call (855) 545-1777 to speak to our personal injury attorneys directly.

If you’re thinking of negotiating a settlement with Farmers or in the middle of the battlefield with their adjusters, this article is for you.

Here we will discuss 10 tips and tactics on how to effectively negotiate your auto accident claim against Farmers.

In addition, we cover Farmers claims frequently asked questions and go over 10 actual Farmers settlements.

Overview

Farmers Insurance was established in Los Angeles, California, in 1928 by two men, John C. Tayler and Thomas E. Leavey. Their idea was to sell insurance to farmers and ranchers since they knew that they experienced fewer risks with their automobiles. Both men thought these folks deserved lower rates.

Farmers was the first insurance company to offer comprehensive auto coverage, which covers damage to automobiles that have been damaged by something other than an auto collision.

Farmers is now the seventh largest auto insurance company in the U.S. by direct premiums written. They are only behind State Farm, Progressive, GEICO, Allstate, USAA, and Liberty Mutual in this ranking.

Farmers, like the other large insurance companies, will fight tooth and nail to minimize your auto injury claim. They will use the standard Delay, Deny, and Defend strategy to make you think there is no hope. There is hope. It just takes an understanding on how insurance claims works and what the law really is. Don’t let them fool you into believing they are doing everything by the book. I can assure you they are not.

Read on and learn from the 10 tips below and continue on into the answers to frequently asked questions and real settlement examples before you do anything with your Farmers claim:

1. Don’t Settle Prematurely

Farmers will do their best to get you to agree to an unfair settlement once they know their driver was at fault. What they’re trying to do is get you early on when you may still be disoriented and overwhelmed with what just happened.

The best thing to do is just ignore their calls and emails until you’ve gathered yourself and preferably after you talked to a lawyer.

If you accept their offer now before knowing what the full extent of your damages are, you will be shortchanging yourself. You may have injuries that are dormant and aren’t apparent. If they surface in the future and you’ve settled your case, you can’t go back and ask Farmers for more money. They won’t care!

My advice is if you’re injured, even if you think it’s minor, get checked out thoroughly by a doctor. And see a doctor as soon as possible after the accident. You don’t want too much time to go by without seeing a doctor and documenting your injuries. If you wait too long, Farmers may try to blame your injuries on something else besides the accident or may say your injuries are worse now because you neglected them. If they say this, they may not want to pay for some of the damages.

Avoid this by seeing a doctor as soon as possible and go to the emergency room or urgent care if you think your injuries can’t wait. It’s better to be safe than sorry. This is your health, after all.

2. Minimize Communications with Farmers

The more you communicate with Farmers, the more likely you are to jeopardize your case. If you’re handling your case on your own, Farmers will have a low-level adjusters assigned to your claim. Their job is to get you to settle your case for what’s called a “nuisance” amount. This means an amount that’s enough to make you go away. This is usually $1,000 to $5,000 and they may even offer to pay for a couple weeks of medical treatment.

Do yourself a favor and avoid speaking with the Farmers adjuster. Call a lawyer and get some free advice from them. Maybe you can even hire one to help.

If you decide to handle your own case, don’t feel urged to answer Farmers calls. Farmers may try to say they are closing your file to get you to respond. Don’t let them fool you. There aren’t any actual deadlines other than the statute of limitations.

Also, if Farmers is the other driver’s insurance company and asks you for a recorded statement, DO NOT do it!

3. Try to Find Out the Policy Limits

Knowing Farmers policy limits will be helpful in guiding your negotiations. Every state has their own requirements for auto liability coverage. Here are some examples:

Arizona

• Bodily injury: $25,000 per person; $50,000 per accident
• Property damage: $15,000

California

• Bodily injury: $30,000 per person; $60,000 per accident
• Property damage: $15,000

Florida

• Bodily injury: Not required
• Personal Injury Protection: $10,000
• Property damage: $10,000

Texas

• Bodily injury: $30,000 per person; $60,000 per accident
• Property damage: $25,000

So, why is knowing the Farmers policy limits so important in your negotiations strategy? Well, it may be your ceiling for total compensation in your case. If there are no other insurance policies, such as your own underinsured motorist coverage, it will likely be all there is to recover.

Although some states, like Florida, have a disclosure requirement, most states do not require insurance companies to disclose their policy limits. That doesn’t mean you can’t get this information. You can try the following:

• Asked the Farmers adjuster nicely—they may be able to get permission from their insured.
• Hypothesize based on at-fault driver’s profile:
  • Check their social media; what do they do for a living?
  • Vehicle year, make, and model; is it a jalopy?
  • Home address (i.e., affluent area, low-income area, etc.)
• File a lawsuit—the at-fault party will need to disclose their policy limits in the “discovery” phase of litigation.
• Hire a lawyer—they have ways to find the policy limits before filing a lawsuit.

4. Build Your Case

You’ll want to build your case before you even think about settling with Farmers. Medical treatment is crucial to building your case. This includes getting both initial and continuing medical treatment that’s reasonable given the injuries.

Going to the emergency room or urgent care as soon as possible will be the best thing you can do to build your case. Following up with the proper medical treatment will also ensure that you’re maximizing your case value.

Listen to your body when it comes to where to start with your medical treatment.

If you’re experiencing symptoms consistent with muscle sprains and strains, the ideal treatment will likely be with a chiropractor or physical therapist since there isn’t much a medical doctor can do for soft tissue injuries beyond pain medication.

If you’re not responding to conservative treatment and still experiencing similar pain or symptoms that indicate it’s something more than soft tissue injuries, you may need to get imaging done (e.g., MRI, CT scan, X-Rays). If there are any positive findings in either of these tests, you may need to see a specialist, such as a pain doctor or orthopedic surgeon. They can give you alternatives to alleviate the pain and other symptoms you are having as a result of your injuries. They may recommend continuing conservative treatment and following up with them at a later date, or injections or surgery.

This process will not only help your health but will also help your case against Farmers.

5. Highlight Your Injuries

Highlighting your injuries to Farmers will ensure that they’re aware of injuries that might be permanent. You want to provide specifics about your injuries. Don’t just say my neck and back are sore. If you just rely on your statements of pain to them for your case, it will be weak, and they’ll only value your case as a soft tissue injury case with no medical treatment.

You want to show them medical records that you went to the doctor and your complaints are consistent with what you’re claiming against Farmers. Showing them your MRI, CT scan, or X-Rays will even be better. These tests you can’t fake. If there is a positive finding in one of these tests, Farmers will likely add more value to your case. What they’ll be looking for in these imaging tests are fractures, herniated discs, and spinal stenosis. These are all objective evidence of pain.

Also, take pictures of any bruises, cuts, or scars and send them to the Farmers adjuster. Also, send them pictures of any orthopedic devices such as a cervical collar or braces. You’ll also want to send them pictures of the bottles of the prescription pain medication you’re taking.

6. Know Your Case’s Value

The value of your case will be dependent on several factors, including:

Property damage

The extent of property damage is important in valuing your case. Farmers will look at the vehicles involved in the accident to see if your injuries are reasonable given the extent of damage.

Severity of injuries

More severe injuries such as traumatic brain injuries, fractures, and herniated discs are valued more than less severe injuries like whiplash. This is obvious. But keep in mind, an injury doesn’t need to be visible to be severe (e.g., herniated disc).

Impairment

Injuries that are permanent are worth more than those that heal over time. Farmers will take your case way more seriously if they know you’ve been permanently injured. Examples of permanent injuries are traumatic brain injuries, herniated discs, loss of sensation/numbness, paralysis, or scarring.

Immediacy of medical treatment

Seeking medical treatment immediately after the accident will give your case the best chance of success. It’s even better if you are taken to the emergency room by ambulance. Waiting to see a doctor will only give Farmers a reason to question your injuries and their cause.

Consistency of medical treatment

If your doctor has given you a treatment plan, it’s the best thing for your case to follow it. This means you shouldn’t miss appointments or just stop going without being formally released.

Comparative fault

If Farmers determines you are partially at fault for your accident, it may reduce the total value of your case. Now, it will depend on the state in which the accident occurred how being partially at fault will affect your case’s value.

Most states, like Florida and Texas, have what’s called “Modified Comparative Fault.” Under this form of comparative negligence, if you’re more than either 50% or 51% at fault for your accident, you are completely barred from recovering your damages.

Other states, like Arizona and California, have a more favorable type of comparative negligence called “Pure Comparative Fault.” In this system, even if you’re 99% at fault for your accident, you can still recover some of your damages.

There are also a minority of states, including Alabama, Maryland, North Carolina, Virginia, and the District of Columbia, that have what’s called “Contributory Negligence.” This archaic rule bars any recovery if you are even 1% at fault. Thankfully, this rule is in the minority.

Farmer’s policy limits

As we discussed in Tip #3, Farmer’s policy limits may be the ceiling at which your case value tops out at, if there are no other insurance policies available.

First-party insurance coverage

Your own insurance coverage may provide additional compensation and increase the total value of your case. Coverage such as uninsured/underinsured motorist coverage, Personal Injury Protection, and Medical Payments coverage can supplement your recovery against Farmers.

Health insurance

Having health insurance pay your medical bills can affect your case value. It will depend on which state your accident occurred as to whether health insurance payments can have a negative effect on your value. The reason for this is some states have rules that say you must submit the amount your health insurance actually paid to the court for your damages as opposed to what the original bill amount was.

States like California, Florida, and Texas have rules like this. So, you need to be careful how you use your health insurance for your medical bills in these states.

Defendant’s profile

Who the defendant is can affect your case value. Their criminal history, appearance, and driving record will all affect how they ultimately present to a jury. Also, if the defendant is a business, they may certainly be viewed negatively by a jury. Farmers knows this and will place more value on cases with bad or corporate defendants.

Venue

The county in which your accident occurred can affect the value of your case. In more liberal counties (e.g., Broward County, Florida) values tend to be greater than more conservative counties (e.g., Montgomery County, Texas).

7. Make a Formal Demand

Once you’re released from medical treatment or reached maximum medical improvement, you can start to gather all your medical records and bills.

You’ll also want to calculate your lost wages you had as a result of your injuries. Make sure you have a doctor’s excuse for this time showing that you were unable to work. Get your pay stubs that show the time you missed, as well.

Add up all your damages and come up with a number that you feel is reasonable to start your settlement negotiations. You want this number to be quite a bit more than what your bottom line is. So, if you want to settle your case for $10,000, you don’t want to demand $10,000. You may want to demand $30,000 in this case, so you have room to negotiate your case.

Your formal demand doesn’t need to be long, but it should be written in a letter format, and you should include all your proof of damages such as medical records and bills, proof of lost wages, and photos.

Make sure you state how much you want clearly and give them a time limit to respond. This can be 14 days to 30 days.

8. Negotiate Properly

Once you’ve sent Farmers your demand and they’ve made their initial offer, it’s important that you don’t just quickly come down to your bottom-line number. You need to go back and forth with the adjuster at least four to five times. Farmers adjusters are required to show their supervisors that they negotiated the settlement and didn’t just give you all their money they have budgeted to the claim all at once. So, you need to help them help you.

If you get stuck and Farmers isn’t coming up any more in their settlement offers, make sure the adjuster is considering all your medical treatment. Go line by line over the medical bills and lost wages you submitted and see what they’re considering. Many times, they won’t consider each bill in full, it will be discounted using their own data for “usual and customary” charges.

If Farmers is still stuck at a number, see if you can have their supervisor reevaluate your file. Tell the adjuster you’d like a second set of eyes on your file to see if they’ve missed anything. Also, ask the adjuster if there’s anything else you can provide that would help them increase their offer.

If they still won’t budge, you may want to just let it sit. Showing that you’re not eager to settle may help your case. Of course, make sure you have plenty of time under your state’s statute of limitations to file a lawsuit, if you need to.

At this point, if your negotiations with Farmers has stalled, you may need to discuss your case with a lawyer. Having a professional take over might be the best strategy at this point.

9. Increase Your Net Recovery

There are two fronts that will affect your net recovery from a settlement: the settlement amount and the amount of your bills or liens that need to be paid out of the settlement. Certainly, increasing your settlement amount will put more money in your pocket but reducing the amount that you have to pay out from the settlement will also help.

If you have any outstanding medical bills or liens, make sure you negotiate them. Don’t just pay them in full. Most medical providers will take reductions. Send them a formal reduction request asking them to reduce their bill or lien.

Important: Make sure you reduce your medical bills and liens AFTER you’ve already settled your case with Farmers.

10. If All Else Fails, Call a Lawyer!

There may be nothing more you can do to get full value for your case on your own. It’s best, at this point, to at least call a car accident lawyer. The good news is that these lawyers will not charge you to get their advice, even if you decide not to hire them.

There are three main objections as to why an injured person wouldn’t want to involve a lawyer in their case:

• My case is too minimal for a lawyer to take it.
• I don’t want the attorney’s fees to cut into my settlement.
• I don’t trust lawyers.

As for the first objection, that your case is too minimal for a lawyer to take it, you should use this standard: If there is more than just minor property damage, you should consult a lawyer. The fact is even minor fender benders can cause injuries. And remember injuries include sore or stiff muscles, headaches, or anxiety. Don’t minimize your own case without consulting with a lawyer first.

The second objection that the attorney’s fees will eat up your settlement is unfounded. As soon as an attorney gets involved in an auto accident case, the value of the case immediately increases. Once Farmers gets a letter of representation from your attorney, your file will immediately be transferred to a higher-level adjuster with more settlement authority. In addition, a lawyer will work-up your case, putting you in front of the right doctors, and helping you highlight all of your injuries. They have the know-how to maximize your case value. Even studies support that you’ll end up with more than you would without a lawyer.

As for the third objection, it seems this is more of an irrational, fundamental trust issue with lawyers than anything. There are bad apples in every industry, including the legal profession but they are certainly the exception and not the rule. 99% of lawyers are ethical, trustworthy, and go above and beyond for their clients. Many times, in the personal injury space, lawyers may receive nothing for their time consulting potential clients and even later when a case doesn’t go as planned. If you feel this way, give lawyers another chance. It’s only fair.

Frequently Asked Questions

Is Farmers Known for Denying Claims?

Yes, they are. You have to remember insurance companies are businesses. Any opportunity to save a buck and they’ll do it. Claims are an expense for an insurance company. The more they deny, delay, or defend, the more they can put on their bottom line.

Farmers typically denies claims for three reasons: liability, coverage, or fraud.

Denied liability

The most common reason Farmers denies a claim is for liability reasons. If your claim was denied for this reason, you need to try to gather as much evidence as you can to overcome their position. The best evidence for this is independent witness statements or video footage, if it exists.

Denied coverage

Another common reason Farmers denies a claim is for a coverage issue. They may deny for a coverage reason for different scenarios but the most common are that the policy lapsed (e.g., non-payment), the driver wasn’t a permissive user (e.g., stolen vehicle), or the driver took part in an activity that was excluded by the policy (e.g., rideshare).

Fraud

Fraud is also a common reason claims are denied by Farmers. There are all types of fraud cases but the most common is the M.I.S.T. type of case. M.I.S.T. means Minor Impact Soft Tissue. These are claims made where the visible property damage is minor and only soft tissue injuries are claimed. Farmers may think there is fraud involved in these types of cases and deny them immediately. If your M.I.S.T. case was denied, don’t give up. There are strategies to overcome Farmers’ position.

Should I Hire a Lawyer for My Farmers Case?

It will depend on the type of case you have.

In minor property damage cases with no injuries, you likely won’t need to hire a lawyer.

If you have more than minor property damage or you’re not sure if you’re injured, you should at least talk to a lawyer. Some people don’t know that they qualify for compensation even if their injuries are relatively minor.

How Does Farmers Value Claims?

Farmers relies heavily on claims adjusting software to calculate case values, as do most other large insurance companies. They’ll use it to discount the medical bills you’ve submitted to them and also to calculate the pain and suffering component of your case.

Do You Have to Sue Farmers?

Sometimes you do. When you’ve exhausted every strategy there is, pre-suit, and still not getting through to the adjuster, a lawsuit may be the best way to get some movement. This doesn’t mean you have to go all the way to trial, however. But holding them accountable by suing is your right as a citizen and the best way to get justice.

How Do I Handle a Farmers’ Low-Ball Offer?

Make sure you’ve followed the tips in this article first. Then, if that still doesn’t work, try to understand why the adjuster is offering a low-ball offer. The most common reasons for a low-ball offer are minimal or no medical treatment, minor property damage injury claims, or shared fault cases. In all these types of cases there are strategies to overcome a low-ball offer. So, don’t feel like you have no hope. But the best thing you can do with a low-ball offer case is to discuss it with a lawyer.

How Long Does It Take to Get a Settlement Check from Farmers Insurance?

After Farmers has received the signed release back from you, it typically takes 10-14 days to receive the settlement check. It will really depend on the mail in your area.

What are Farmers Claims Phone Number and Address?

Phone: (800) 435-7764

Fax: (877) 217-1389

P.O. Box 268994

Oklahoma City, OK 73126-8994

Farmers Car Accident Settlements

Below are some actual Farmers settlements, some of which are our own. You should use this as just examples about how Farmers views specific cases.

Case Study #1: Clients v. Farmers Insured (Harris County, Texas)

Our clients, husband and wife, were traveling on Wallisville Road through the Sam Houston Parkway intersection in Houston, Texas, when a drunk driver T-boned them.

They were taken from the scene by ambulance to the emergency room. Client 1 suffered injuries to his neck and right upper arm. Client 2 suffered a fracture to her right patella (knee) and contusions all over her body.

They both followed up with treatment at a chiropractor and underwent MRIs.

Once our clients were released from therapy, we demanded that Farmers pay their policy limits of $50,000 each, which they later did.

Case Study #2: Client v. Farmers Insured (Harris County, Texas)

Our client was traveling on I-10 eastbound in Houston, Texas, when defendant changed lanes, striking her vehicle on the left side and pushing her into the vehicle on her right.

She presented to a chiropractor two days later with complaints of pain in her neck and back, headaches, and tingling and numbness in her extremities. As a result, our client was referred out for MRIs where the radiologist noted disc herniations in her neck and back. Most noteworthy was a herniation at her C5-C6 measuring 2.5 mm, containing an annular tear.

Our client was then referred out to a pain doctor. She then underwent an epidural steroid injection in her neck and thoracic trigger point injections.

We later sent a demand for Farmers policy limits. Farmers responded with an initial offer of $24,909. We immediately filed a lawsuit. We were able to eventually settle our client’s case for $37,500, which included $2,500 from her own personal injury protection coverage.

Case Study #3: Client v. Farmers Insured (Jones County, Texas)

Our client was traveling on US Highway 83, as a passenger, near Abilene, Texas, when he was rear-ended by the vehicle behind him.

He was taken to the emergency room from the scene by ambulance and complained of neck, back, shoulder pain, and a contusion to the head.

Our client later followed up with a chiropractor and treated five times. He also saw a neurologist for his headaches.

Although our client did not have substantial medical expenses, we felt this accident aggravated the preexisting conditions he had as a diabetic.

Partly due to our client’s uncontrolled diabetes, he underwent a right leg amputation below the knee.

We were able to successfully settle our client’s case against Farmers for their policy limits of $50,000.

Case Study #4: Client v. Farmers Insured (Nueces County, Texas)

Our client was attempting to enter her vehicle’s driver’s side door in a grocery store parking lot when defendant hit her.

She immediately presented to the emergency room with complaints of neck and back pain that was radiating down her extremities.

She continued treatment with a chiropractor and underwent cervical and lumbar MRIs. The radiologist noted several herniated discs in both her neck and back.

She was later recommended an epidural steroid injection at her C6-C7 vertebrae level and a rhizotomy at her L5-S1 vertebrae level.

We later sent our demand for policy limits to Farmers to which they accepted. We then negotiated a settlement from our client’s underinsured motorist carrier, USAA, for an additional $25,155.20, for a total of $55,155.20 in total compensation.

Case Study #5: Client v. Farmers Insured (Chambers County, Texas)

Our client was traveling north on State Highway 146 in Mount Belvieu, Texas, when defendant pulled out in front of her from a private drive, causing a crash.

Our client later presented to the emergency room with complaints of neck, back, right knee, and abdominal pain.

She later followed up with a chiropractor and was also referred out for MRIs of her cervical and lumbar spine. Several herniated discs with severe stenosis were noted. She later briefly treated with a physical therapist.

Once released from treatment, we were able to successfully settle her case for Farmers’ $30,000 policy limits and her own underinsured motorist benefits from GEICO for $23,000, for a total of $53,000.

Case Study #6: Plaintiff v. Farmers Insured (Riverside County, California)

Plaintiff was rear-ended by a vehicle that was rear-ended by another vehicle as he was stopped at a red light on La Sierra Avenue in Corona, California.

Plaintiff suffered injuries to his back, neck, and leg. He also claimed this accident caused deep vein thrombosis (DVT) and resulting pulmonary embolism. In addition, he claimed he suffered from anxiety as a result of this accident.

Plaintiff treated with a chiropractor for his muscle sprains and strains.

He was later hospitalized for his DVT.

Farmers later settled with plaintiff for their policy limits, which ended up being $10,000 since there were several other claimants. Plaintiff then later settled with his own underinsured carrier for $90,000, for a total of $100,000 in compensation.

Case Study #7: Plaintiff v. Farmers Insured (Los Angeles County, California)

Plaintiff was T-boned as he drove through the intersection of Roscomare Road and Mulholland Boulevard in Los Angeles, California.

Plaintiff suffered injuries to his neck and back. After conservative treatment failed, he underwent a cervical discectomy and lumbar laminectomy and discectomy at the L5-S1 level.

Farmers settled with plaintiff for $1,100,000 prior to trial.

Case Study #8: Plaintiff v. Farmers (San Mateo County, California)

Plaintiff, a pedestrian, was struck by an uninsured driver, as he attempted to retrieve something from inside his vehicle that was parked on the street.

Police determined plaintiff to be at fault for being in the street when struck.

Plaintiff was taken to the emergency room from the scene and underwent ankle surgery. He was then transferred to a nursing home for 10 days. He also claimed upper leg and lower back pain as a result of the accident.

In addition, plaintiff claimed to have lost business from the injuries.

Farmers later agreed to tender its $500,000 policy limits to plaintiff.

Case Study #9: Plaintiff v. Farmers Insured (Volusia County, Florida)

Plaintiff was T-boned as she traveled through an intersection on U.S. Highway 1.

Plaintiff presented the next day to a clinic and was diagnosed with a torn medial meniscus in her right knee. She also claimed aggravation to preexisting herniated discs in her neck and back.

Plaintiff treated with a physical therapist and underwent epidural steroid injections. She also had two surgeries on her knee including a meniscectomy.

Plaintiff wasn’t able to perform the duties of her job as a hairdresser and was forced to quit.

Farmers eventually paid $100,000, their policy limits.

Case Study #10: Plaintiff v. Farmers Insured (Los Angeles County, California)

Plaintiff was traveling through an intersection on Sepulveda Boulevard in Los Angeles, California when defendant turned left in front of her causing her to T-bone his vehicle.

Plaintiff presented to a chiropractor complaining of neck and back pain. She also treated with an orthopedic surgeon who diagnosed her with herniated discs and a possible compression fracture in her neck.

As a result of her injuries, she underwent a cervical discectomy and fusion at C4-5 and C5-6 levels.

At mediation, plaintiff settled her case with Farmers for $720,000.

Contact Our Experienced Car Accident Lawyers to Handle Your Farmers Claim

Call us today for a FREE consultation regarding your Farmers bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to Farmers. Call (855) 545-1777 to speak to our personal injury attorneys directly.

Negotiating a settlement with Liberty Mutual isn’t easy. They will do everything they can to minimize your injuries and your claim. The insurance claim process is full of unchartered territory for most inexperienced people. Liberty Mutual will use this to their advantage to settle your case for a fraction of its actual value.

In this article we discuss ten tips on handling a claim against Liberty Mutual to give you the best chances of success. We also answer some frequently asked questions and cover several real Liberty Mutual settlements.

Overview

Liberty Mutual started in the workers compensation business in July 1^st, 1912. They started selling auto insurance policies in 1918.

Liberty Mutual, in their early years, was involved in innovating safety components and products such as the escalator emergency stop switch, “safety car,” and the first battery powered prosthetic elbow. They have grown over the years acquiring several large commercial and risk carriers. And in 2008, they acquired Safeco Corporation.

Liberty Mutual has grown to be the sixth largest insurance company in U.S. by policies written.

Liberty Mutual is known to have some of the lowest premiums among the large insurance companies. However, they are known to have the most complaints, as well, according to their NAIC Complaint Index score. They also have lower than average customer satisfaction ratings.

What this means for claimants is an even more difficult claims process. You can be sure if they don’t even give their paying customers a good experience, claimants will get even worse service.

What we’ve noticed with Liberty Mutual is they don’t seem to care to settle claims. They would rather put their insureds in danger of getting sued than pay fairly for each claim. Even in litigation they are uninterested in quick resolution.

You need to take a strategic approach in handling your case against Liberty Mutual and Safeco. You CAN be victorious in your claim. Follow these 10 tips, read the answers to frequently asked questions, and review the settlement examples below.

Being a prepared and well-informed claimant can help combat Liberty Mutual’s huge bargaining advantage.

1. Call for Help

There are three important calls you should make after an auto accident, especially if Liberty Mutual or Safeco is involved.

First, if you’re injured, call for police and emergency medical services to arrive at the scene. This usually means to call 911.

You’ll want the police to come to document the accident and write a report, commonly known as a “crash report.” This crash report will be crucial in your case later on. It will contain valuable information, such as the parties involved, insurance information, and usually the officer’s opinion on who’s at fault.

If you’re injured, having emergency medical services (paramedics) arrive on scene is the best thing you can do for your case. This is no time to think about your budget. They will take your vitals, assess your condition, and if granted, take you to the emergency room for further treatment. This not only prioritizes your health, but it legitimizes your case against Liberty Mutual.

The second call you should make is to a personal injury lawyer that specializes in auto accident cases.

The good news is you won’t need to pay anything for their advice. And if you end up hiring a lawyer, you won’t need to pay them anything out-of-pocket, since they work on a pure contingent fee basis. If you only have minor property damage and no injuries, you may not need a lawyer. But I’d still call one, just in case.

The third call you’ll need to make will be to Liberty Mutual to open a claim. However, proceed with extreme caution. If you’ve decided to handle your case on your own, be very careful what you say to Liberty Mutual when you’re opening your claim. Be prepared beforehand with the facts of how the accident occurred. Don’t let them talk you into a premature settlement before you know the full extent of your injuries.

2. Get Medical Treatment ASAP!

Going to the emergency room after your accident is ideal but if you didn’t, it’s not too late to see a doctor. If you’re having serious symptoms, you can still go to the emergency room. If you think your injuries are relatively minor, you should still see a doctor. You can go to urgent care, see your primary care physician, a chiropractor, or physical therapist. The sooner, the better.

Seeing a doctor as soon as you can after the accident will help your case against Liberty Mutual by documenting the cause of the accident and by avoiding a common defense raised by Liberty Mutual—the duty to mitigate your damages.

If you haven’t been to the doctor yet and some time has passed, it’s not too late. Here’s an article we wrote on this topic: Is it Too Late to Claim an Injury for My Case

3. Know How Liberty Mutual Determines Fault

Liberty Mutual determines fault mainly by analyzing four main types of evidence:

Photos / Videos

Liberty Mutual will review any photos and video footage of the scene of the accident. If there is actual video footage of the accident available, that will be obviously the most valuable in determining fault.

Party and Witness Statements

Liberty Mutual will usually wait until they speak with their insured before determining fault. If their insured is denying any liability, Liberty Mutual may seek witness statements from independent witnesses and you, the claimant(s). An independent witness is a witness that does not have a stake in the claim. So, a passenger in one of the vehicles involved in the accident is not an independent witness.

Liberty Mutual may ask you to give a recorded statement so they can use your statement to determine fault. I suggest you do not do this. Many times, they will ask you incriminating questions that you may not know how to answer without damaging your case.

Crash Report

If law enforcement arrives on scene, a report is usually made that lays out the parties involved and other important facts such as who the officer thinks was at fault for the accident. Most of the time the officer is only giving his/her opinion based on statements taken and the physical evidence left after the fact. This means, the officer’s opinion on fault is not always correct. But Liberty Mutual will usually put significant weight on the officer’s opinion.

Make sure you download a copy of the report as soon as you can.

Examine Property Damage

Liberty Mutual may examine the vehicles involved in the crash to determine fault. They may even pull data from the vehicle’s Event Data Recorder (EDR). The EDR records inputs such as speed, steering, braking, and whether occupants were wearing their seatbelts moments before a crash.

Liberty Mutual may even employ an accident reconstructionist to help determine fault.

4. Limit Conversations with Liberty Mutual

The more you talk to Liberty Mutual over the phone, the more likely you are to say something that hurts your case. The best policy is to limit your conversation with Liberty Mutual as much as possible. In fact, I wouldn’t talk to Liberty Mutual at all until you have discussed your case with a lawyer. And if they ask for a recorded statement, DO NOT GIVE THEM ONE!

If Liberty Mutual is YOUR insurance company, they may require you give them a statement. In that case, you will need to talk to them but don’t do so without first talking to a lawyer. Even though they may be your insurance company, don’t be deceived. They are not your friend. The relationship will immediately become adversarial once a claim is filed.

5. Know Liberty Mutual Case Value Factors

Liberty Mutual will value your case using a variety of factors. These include:

Property Damage

The extent of damage to the vehicles involved in an accident is relevant as to the value of a case. This makes sense since, in most cases, when there is minimal damage to the vehicles involved in an accident, it’s assumed the injuries of the occupants is also minimal. Of course, this isn’t always the case. But Liberty Mutual will argue it is so.

Severity of Injury

Liberty Mutual will place greater value on a fracture, head injury, or other serious injury than they will on whiplash or another type of soft tissue injury.

Medical Treatment

Medical treatment is extremely important in your case. Liberty Mutual’s position is that if you’re hurt, you would see a doctor as soon as possible. The longer you wait to seek medical treatment after your accident, the worse it usually will look to a Liberty Mutual adjuster. This is even more so in cases with less serious injuries like soft tissue injuries. If you have a soft tissue injury, haven’t had any medical treatment, and try to settle your case, you can rest assure that Liberty Mutual will give you a lowball offer.

The type of medical treatment you seek will also affect the value of your case. Treating with just a chiropractor, with no visit to a medical doctor or imaging will put your case into a category of low value claims.

Permanency

Liberty Mutual takes permanent injuries more seriously than injuries that are not so permanent, such as muscle sprains and strains. A permanent injury is one where damage is caused to the body and it does not fully recover. Examples of permanent injuries include:

• Traumatic brain injury
• Amputation / loss of a limb
• Paralysis
• Herniated disc
• Nerve damage
• Numbness
• Scarring
• Blindness
• Hearing loss

Policy Limits

In most cases, your case value will be limited to the amount of insurance that is available. Even when there are catastrophic injuries or death. Of course you always have the right to sue the at-fault party for your injuries if there isn’t enough insurance available but most of the time that might be fruitless.

Venue

Where you bring your case will often affect your case’s value. More liberal venues tend to be better for plaintiffs.

Counties such as Pima (AZ), Los Angeles (CA), Broward (FL), and Hidalgo (TX) are some examples of liberal venues where case values tend to be better.

On the other hand, counties such as Yavapai (AZ), Kern (CA), Sarasota (FL), and Montgomery (TX) are some examples of conservative counties where case values may be lower.

Aggravating Factors

If a drunk or impaired driver caused your accident, your case value will likely increase. This is due to the at-fault party being potentially on the hook for “punitive damages.” These are additional damages that are awarded to punish the at-fault party for egregious behavior.

6. Know What Makes a Strong Case

There are many factors that make a strong case before Liberty Mutual. Some of which are:

Significant Property Damage

The more significant damage there is to the vehicles involved, the stronger your case against Liberty Mutual becomes. Of course, this makes sense since you’d assume that injuries would be more severe when the vehicles are more damaged. However, this may not always be the case. We’ve seen significant injuries when there is minimal visible property damage.

Clear Liability

Cases against Liberty Mutual will be the strongest when there is no controversy over liability. If you are determined to be partially or fully at fault for your accident, you will have a much weaker case against Liberty Mutual.

Some examples of clear liability cases would be rear-end accidents or when you’re a passenger in someone else’s vehicle.

Examples of typically weaker liability cases are intersection and lane change accidents where there are no independent witnesses or video footage and it’s a “word vs. word” situation.

Insurance

If an uninsured driver caused your accident and you don’t have any uninsured motorist coverage of your own, the strength of your case will likely suffer. Most of the time when someone is uninsured, they also do not have any assets you can recover in a lawsuit. These people are known as “judgment proof.” So, the strength of your case is heavily dependent on the available insurance that the at-fault driver or you have.

Severe Injury

The more severe your injury is, the stronger your case will usually be. A fracture, concussion, or herniated disc will be valued significantly more than whiplash will be.

Objective Injury

If you can proof your injury with something other than your own complaints of pain, your case against Liberty Mutual will be stronger. Imaging like X-Rays, CT scans, or MRIs are a great way to show Liberty Mutual that you have something more than just muscle sprains or strains.

Medical Treatment

As mentioned above in Tip #2, medical treatment is very important. A case where medical treatment was sought immediately after the accident at an emergency room will typically be stronger than one where medical treatment was sought later.

Also, if you only treated with a chiropractor, your case might not be as strong as it could be. A medical doctor’s evaluation is always going to be valued greater than that of a chiropractor. That may not seem fair but that’s how Liberty Mutual will view your medical treatment.

7. Know How Liberty Mutual Treats Preexisting Injuries

Liberty Mutual will view preexisting injuries the exact opposite as how the law actually treats them. The law says that if the defendant aggravates or exacerbates a preexisting injury or condition, they are responsible for making it worse. This is known as the “Eggshell Skull Plaintiff” doctrine and it’s the majority rule in the United States.

However, Liberty Mutual sees cases with preexisting injuries or conditions as weaker than those with new injuries. They do this because they know it might be challenging to distinguish between the preexisting injury and the new injury.

This is common with spinal injuries. Humans, as they age, their spines degenerate. We get arthritis, disc bulges, and other chronic conditions that affect the spine.

Many times, auto accidents aggravate these conditions. You may have a preexisting injury or condition that isn’t even symptomatic but after the accident it becomes symptomatic and painful. Liberty Mutual will call your condition “degenerative” in nature and not take responsibility for it. This is against over one hundred years of established law! Don’t let them do this. Push back and educate them on the “Eggshell Skull Plaintiff” doctrine.

8. Negotiate Carefully

Insurance companies often start with a low offer. Be ready to negotiate by countering with a reasonable, well-supported demand. Explain why the initial offer is insufficient and provide evidence to support your counteroffer.

Before you start negotiating with Liberty Mutual you should know your bottom line. Decide on the minimum settlement amount you are willing to accept. This helps you stay focused and avoid agreeing to an unsatisfactory amount.

It’s important to stay persistent and patient with Liberty Mutual adjusters. Negotiations with Liberty Mutual can take time, and they might delay the process to test your patience. Stay persistent and follow up regularly without showing frustration or desperation.

9. Consider Taking the Next Step

If negotiations stall, consider suggesting pre-suit mediation or arbitration as alternative dispute resolution methods. These can sometimes lead to a fair settlement without going to court. And if all else fails, you can always file a lawsuit. However, proceed with great caution! Litigation gets very complex very quickly. It’s best to get a lawyer involved at this point.

10. Talk to a Lawyer Before Making Any Decisions

If negotiations become complex or you feel overwhelmed, consult with a personal injury attorney. An experienced lawyer can provide guidance, negotiate on your behalf, and help ensure you receive a fair settlement. In fact, there are studies that show having an attorney can substantially increase the amount of compensation you receive from the insurance company.

The simple reason for this is Liberty Mutual will take your case more seriously when an attorney is representing you. Your file will be immediately transferred to a more experienced adjuster with more settlement authority.

Additionally, accident attorneys are experts in the complex area of personal injury law; they know how insurance claims are handled and are experienced negotiators.

Handling your case on your own would be like trying to perform surgery on yourself. Not recommended.

Frequently Asked Questions

Here are we answer questions to frequently asked questions about Liberty Mutual claims and settlements.

Is Liberty Mutual Good at Paying Claims?

The short answer is no. Liberty Mutual falls in the category of insurance companies that are cheap. Out of the largest six insurance companies (including State Farm, Allstate, GEICO, Progressive, and USAA), Liberty Mutual is near the bottom when it comes to paying claims fairly.

They use similar software tools to minimize settlement values. And delay, deny, and defend against valid claims just as the other large insurance companies do. But they may even be worse than the other large insurance companies. In fact, I’d place them in third place in the running as worst insurance company at paying claims out of the six largest insurance companies.

How Long Do You Have to Settle Your Claim Against Liberty Mutual?

There is one time limit you need to keep track of when it comes to claims against Liberty Mutual: The Statute of Limitations.

The Statute of Limitations is the time you have to bring your case to court. If you don’t settle your case or file a lawsuit within this time limit, you lose all your rights against the at-fault party. Each state in the U.S. has their own statute of limitations for injury cases. They vary from 2 years to 4 years. Some examples are:

• Arizona:
  • 2 years from the date of accident.
• California:
  • 2 years for bodily injury and 3 years for property damage.
• Florida:
  • Accidents before March 24, 2023 – 4 years from the date of accident.
  • Accidents after March 24, 2023 – 2 years from the date of accident.
• Texas:
  • 2 years from the date of accident.

Keep in mind the time limits above are the general rule for cases against the at-fault party. There are different statutes of limitation in cases against your own insurance company.

Also, there are exceptions that change when a claim is barred. The best thing to do is to speak to a personal injury lawyer in your state for more clarification.

How Long Does it Take to Settle a Case Against Liberty Mutual?

On average, most cases against Liberty Mutual take three to six months to settle. Of course, some settle in days and others can take years to settle. Each case is different.

Cases settle quicker against Liberty Mutual when the damages in a case are significantly more than the available policy limits. For example, if there are significant injuries and medical bills and there is only $30,000 in policy limits, Liberty Mutual will typically settle the case quickly.

On the other hand, if there is a $250,000 policy, for example, and only minor soft tissue injuries, it may take longer to settle the case. The case may not be ripe to settle until all damages, such as past and future medical bills, are realized.

How Much Does Liberty Mutual Pay for a Whiplash Injury?

Generally, where medical treatment is sought, whiplash injury cases settle anywhere from $15,000 to $25,000.

Liberty Mutual will value a whiplash injury mostly on the cost of the medical treatment that was sought. However, they typically will not take into account the full medical bills that are submitted to them. They will adjust the bills according to what they claim is “usual and customary” in the geographic area and for “reasonableness.”

They will also consider any lost wages that were suffered from the inability to work due to the injury.

The pain and suffering component paid by Liberty Mutual for whiplash cases are typically minimal.

How Much Does Liberty Mutual Pay for a Back Injury?

The amount Liberty Mutual pays for a back injury will depend on how severe the injury is. For a sprained or strained back, Liberty Mutual may only pay $1,500 if no treatment was sought.

But on more severe back injuries such as a vertebrae fracture with permanent impairment, they could pay well over $100,000.

How Much Does Liberty Mutual Pay for a Herniated Disc?

The same is true here as in the question directly above. The more severe the herniated disc and more impairment, the more Liberty Mutual tends to pay.

A small, herniated disc causing no to mild stenosis, Liberty Mutual may only pay $15,000 to $25,000.

But where there is a larger herniation with moderate to severe stenosis, they may pay over $100,000. It will all depend on several factors including how severe the herniation is, extent of impairment, and the medical treatment involved.

Can I Handle My Own Case Against Liberty Mutual?

Yes, you can but it will depend on the type of case you have. If you only have minor property damage and no personal injuries, you should be fine to handle your own case.

On the other hand, if the impact to your vehicle caused you to feel any soreness, stiffness, or have any limited range of motion, you should at least talk to a lawyer before trying to handle your case alone. This is true even if it’s been days or weeks since your accident.

What is Liberty Mutual Claims Phone Number and Address?

Phone: 800-225-2467

Fax: 888-268-8840

P.O. Box 5014

Scranton, PA 18505-5014

Liberty Mutual and Safeco Car Accident Settlements

Below we discuss 10 real life Liberty Mutual and Safeco settlements. The first five are our own. These settlement examples should help you get an idea of what to expect when you’re up against Liberty Mutual or Safeco.

Case Study #1: Client v. Liberty Mutual Insured (Fort Bend County, Texas)

Our client was traveling southbound on Grand Parkway in a construction zone in Sugar Land, Texas. As he slowed down to traffic up ahead, he was rear-ended by defendant, a Liberty Mutual insured. Defendant was driving a heavy-duty pickup truck and caused substantial damage to client’s vehicle.

Client, one hour later, presented to the emergency room with neck pain, severe headache, and dizziness. He was later discharged.

Our client later presented to a chiropractor for treatment and underwent MRIs of his cervical spine, lumbar spine, left shoulder, and right knee. Several herniated discs were discovered in both his neck and back. Also, he had a tear of the posterior horn of the medial meniscus.

Our client later underwent arthroscopic surgery on the meniscus tear and epidural steroid injections in his neck and back.

We submitted our demand to Liberty Mutual and were offered $100,000 initially. We filed a lawsuit immediately. We later settled our client’s case for $235,000.

Case Study #2: Client v. Safeco Insured (Dallas County, Texas)

Our client’s vehicle was struck while defendant, a Liberty Mutual insured, was attempting to make a left-hand turn in front of another vehicle heading straight through the intersection of Forest Lane and a private drive, in Garland, Texas. That collision caused the defendant’s vehicle to strike our client’s vehicle while he stood waiting at the red light at that intersection. Defendant was charged with driving while intoxicated.

Our client later presented to the emergency room the next day with complaints of back and abdomen pain. He was later released.

Three days later our client presented to a chiropractor for follow up treatment. He underwent a left shoulder MRI. Soft tissue injuries of the shoulder were noted by the radiologist. As a result, he later underwent shoulder injections.

We later demanded Safeco’s policy limits. Their initial offer was $4,950. In response, we immediately filed a lawsuit.

Later, we were able to successfully settle our client’s case for Safeco’s policy limits of $50,000.

Case Study #3: Client v. Safeco (Fort Bend County, Texas)

Our client was t-boned at an intersection in Fulshear, Texas. The defendant was insured with Progressive.

Our client later presented to the emergency room with complaints of pain in his head, face, ear, back, pelvis, left shoulder, and left leg. CT scans were taken of each affected body part with no positive finding of fractures.

Our client followed up with a chiropractor for conservative treatment. He also underwent three MRIs of his head, lumbar spine, cervical spine, and right foot. Disc herniations were found in his neck and back.

He also was evaluated for a traumatic brain injury where the results were inconclusive.

Our client then underwent epidural steroid injections in his neck and back.

We demanded that Progressive pay their policy limits of $50,007, which they later tendered. We also demanded that our client’s insurance company, Safeco, pay his underinsured policy limits of $30,000 and his personal injury protection and Medical Payments coverage of $15,000. They agreed for a total of $95,007 in settlement funds.

Case Study #4: Clients v. Liberty Mutual (Broward County, Florida)

Our clients, husband and wife, were rear-ended by an uninsured driver in Fort Lauderdale, Florida.

They later presented to a chiropractor for treatment of their neck and back pain. As a result of persistent pain, they were referred out for MRIs of their neck and back. Disc bulges were noted by the radiologist and were later referred to a pain doctor for consultation. They were later released after completing their conservative treatment plan.

We submitted a demand to their insurer, Liberty Mutual. We later settled each of their cases for $23,000.

Case Study #5: Client v. Liberty Mutual Insured (Broward County, Florida)

Our client was t-boned at the intersection of North Pine Island Road and NW 44^th Street in Sunrise, Florida.

Our client presented to a chiropractor with complaints of neck and back pain. Our client underwent MRIs of the cervical and lumbar spine. Herniated discs were found.

She later followed up with a pain doctor for evaluation of her pain. The pain doctor recommended to continue the conservative treatment plan prescribed by her chiropractor and if pain persisted to consider epidural steroid injections. She was later released with an impairment rating of 17%.

We were able to successfully settle our client’s case with Liberty Mutual for $20,000.

Case Study #6: Plaintiff v. Liberty Mutual (Monterey County, CA)

Plaintiff was t-boned at an intersection in Seaside, California. The plaintiff sustained fractures in his arm and wrist and underwent open reduction and internal fixation surgery on his right wrist.

He later underwent surgery to remove the hardware in his wrist and suffered a deformity and decreased range of motion, as a result.

The defendant had a policy of $25,000 with IDS Property and Casualty, which they tendered.

Plaintiff later demanded his insurance carrier, Liberty Mutual, pay the remaining damages through his underinsured motorist policy. He later settled with Liberty Mutual for $180,000, for a total of $205,000 in compensation.

Case Study #7: Plaintiff v. Liberty Mutual Insured (Sonoma County, California)

Plaintiff was rear-ended by a Liberty Mutual Insured at a red light on Stony Point Road in Santa Rosa, California. He injured his left ankle, neck, back, foot, and left knee.

He underwent treatment with a chiropractor, orthopedic surgeon, and pain management doctor. Plaintiff underwent arthroscopic surgery due to the injury to his meniscus.

Liberty Mutual later paid plaintiff $90,000 during a settlement conference to resolve his case.

Case Study #8: Plaintiff v. Liberty Mutual Insured (Fresno County, California)

Plaintiff was t-boned as she drove through the intersection of Millbrook Avenue and Shepherd Avenue in Fresno, California.

She later presented to her primary care doctor and was diagnosed with a concussion, memory loss, herniated discs in her lower back which caused stenosis and extreme pain. As a result of her injuries, she underwent a discectomy and laminectomy in her lower back. Due to her injuries, she suffered permanent impairment and would likely need a spinal fusion in the future, according to her doctor.

Liberty Mutual agreed to tender their policy limits of $50,000. The plaintiff also sought recovery under her underinsured policy. Her insurance carrier later agreed to pay $200,000 in underinsured benefits, for a total of $250,000 in compensation.

Case Study #9: Plaintiff v. Liberty Mutual Insured (Riverside County, California)

Plaintiff was rear-ended on I-10 near Red Cloud Mine Road in Riverside County, California.

Plaintiff sustained a comminuted, displaced elbow fracture to her non-dominant arm, sacral fracture, and soft tissue injuries. She was hospitalized for seven days.

Plaintiff underwent surgeries to repair her fracture and to remove the hardware. She was left with scarring and permanent impairment of her elbow.

Later, Liberty Mutual agreed to pay $492,579.21 to settle her case.

Case Study #10: Plaintiff v. Liberty Mutual Insured (Alameda County, California)

Plaintiff was rear-ended as he waited in the left-hand turn lane at the intersection of Beacon Avenue and Fremont Boulevard in Alameda, California.

Plaintiff treated with a physical therapist and underwent an MRI of his cervical and lumbar spine. The accident aggravated preexisting disc bulges in his back and neck.

His doctors opined that he would need disc replacement and spinal fusion surgery in the future.

In addition, plaintiff calculated that he would lose $300,000 in future earnings as a result of his injuries.

After negotiations, Liberty Mutual agreed to settle the plaintiff’s case for $500,000.

Contact Our Experienced Car Accident Lawyers to Handle Your Liberty Mutual or Safeco Claim

Call us today for a FREE consultation regarding your Liberty Mutual or Safeco bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to Liberty Mutual or Safeco. Call (855) 545-1777 to speak to our personal injury attorneys directly.