Bumpers are there for a reason. It is the part of the car that is best equipped to absorb an impact and is designed for this very purpose. How many times have you been bumped by the car behind you without getting so much as a scratch on your vehicle? In fact, even very jarring impacts which minimal visible damage to your vehicle cause significant neck and back whiplash and disc injuries and also jam your knees into the dashboard. Make no mistake, that fact will be used against you. The argument, often in the form of a rhetorical question, goes something like this: “If he was really hit hard enough to tear knee cartilage, why aren’t there dents in the bumper?” The reality is that the attorneys, the insurance carriers and their physicians know that a significant impact does not always result in visible vehicle body damage and even a minor impact can move the body in ways it is not built to handle. Often by the way the vehicle rea-ended may have minimal damage to its rear but the vehicle that did the rear-ending may have extensive damage to its front. But it’s never a question of what you know, it’s a question of what you can prove. Plaintiffs bear the burden of proof and the only professional who is going to help you do that is your lawyer.
No bumper damage
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).November 3rd, 2017