Articles, Analysis,
and Commentary

What Is a Low Speed Collision? Can The Insurance Company Deny My Claim Because of This?

Maryland car and automobile accident lawyers will tell you that "low-speed collision"  it is a term of art for the insurance industry really meaning:

"We are not going to pay any money on this claim" 

Insurance companies take the position that if there is no serious or visible property damage than no one could have possibly been hurt in a car accident. So in part, if you hear a claims adjuster utter the words "low-speed collision" or something similar, it also likely means they don't believe you. They don't believe you were hurt, or don't believe that you could convince a jury that you were. Make no mistake, it is a pejorative term in this business. The epithet has some variants:

  • minimal impact
  • no property damage
  • tapper, bumper, or the like

That proposition that one cannot be injured in an accident not involving significant vehicular damage is not supported in medicine or science.

Nevertheless, the insurance industry has done a remarkably good job convincing juries, and frankly, judges, that it is true. Defense lawyers make this argument everyday in court, and it is accepted frequently. Jurors that perhaps have paid increasing insurance premiums for years may find it particularly appealing. The reality is any car made since the 90s is constructed of composite materials that are designed to pass on the forces of an impact without showing obvious signs of damage. These forces are passed on to the occupants of that vehicle. It's an apples and oranges argument that if the high-tech composite materials aren't destroyed, than the connective tissues in your neck and back can't be damaged. But seasoned Maryland car and automobile accident lawyers see everyday insurance lawyers arguing that if there is not a lot of crumpled metal, then no one was hurt.

 -This Article was updated by Eric Kirk on 11/6/19. 

I've had countless client through the years who have been insulted, and rightfully so, by this contention. The other reality is, though, that as an injured person, you have the burden of proving that you sustained injury. If you need help documenting and proving your claim, I'd be happy to discuss it with you. Contact me. 410 591 2835. 

 

410-657-5962
(!) COVID-19 Update from Eric T. Kirk, Attorney
See statement >