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Home > Accident Attorney > RESPONDING TO THE OTHER PARTY’S DEFENSES IN A CAR ACCIDENT CASE

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : December 22, 2021

RESPONDING TO THE OTHER PARTY’S DEFENSES IN A CAR ACCIDENT CASE

Posted on Wednesday, February 14th, 2018 at 11:13 pm    

After being in a Livermore car crash caused by another driver, you may assume that the driver’s insurance company will pay your medical bills, vehicle repairs, lost income, and other damages. Shouldn’t the company just pay your damages because the other driver is at fault? The police officer said he was at fault and he even said he was sorry at the accident scene. However, the other driver nor the police officer has any control over whether the insurance company pays, denies, or undervalues a car accident claim.

Many insurance companies fight accident claims, even though the accident is the fault of their insured. The company may begin attempting to limit its liability very quickly after the claim. The insurance adjuster might contact you to request a written or recorded statement, so he can get information that he might use to deny your claim. The adjuster might ask for a medical waiver and authorization to access your medical records to search for prior injuries.

Don’t allow the insurance company for the other driver to pay you less than you deserve for your accident claim. Contact our office to discuss your claim with a Livermore car accident attorney. You deserve to have a legal team on your side to protect rights from aggressive defense teams.

Blaming the Car Accident Victim

A common defense strategy is to try to blame you for the accident. If the company knows that it cannot assign 100 percent of the cause of the accident on you, it will try to blame you for contributing to the cause of the crash. If successful, the insurance company can reduce the amount of money it must pay for your claim. Your settlement will be reduced by the percentage of fault assigned to you for the collision.

Another defense the company may try is arguing a delay in medical treatment proves you are not as severely injured as you claim. Some accident victims do not go to the emergency room right after the accident. It could be a couple of days before the person sees the doctor because the aches and pains he thought would go away have become worse. An insurance company may try to use this information to fight the claim.

Other defenses may include:

  • Arguing a prior injury or illness is the cause of the current injury;
  • Your failure to follow a medical treatment plan; and,
  • Using information found on social media against you.

A skill Livermore car accident attorney understands how to fight these defenses and other defenses. Our Livermore lawyers thoroughly investigate accident cases to determine the cause of the crash; to obtain evidence to prove fault; and, to fight the insurance company for a fair and just settlement.

Call a Livermore Car Accident Attorney for Help

For a free legal consultation with a Livermore personal injury attorney, contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website.

Your first visit is free, and you are under no obligation to retain our firm after meeting with an attorney. We urge you to allow us to fight this battle for you because we have extensive experience handling car accident claims and you have something more important to do — focus on your health and recovery.

Categories: Accident Attorney

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Client Testimonials

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Dawniel Ewing Testimonial
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B. Testimonial
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!