PI Case Example Car Accident

Successful Car Accident Case Result

Musleh v. Braly, 09C00411

The Musleh family were traveling in their mini-van down Main Street in Santa Monica. They were hit from behind by a large truck driven by Mr. Braly. The force of the impact pushed the mini-van into the car in front of them. At the scene, all three parties exchanged the appropriate insurance information. It was understood by everyone at the scene that Mr. Braly hit the Musleh mini-van, which then hit the front car. There was significant damage to the back of the mini-van. There was very minor damage to the front of Mr. Braly’s truck.

There were three Musleh family members in the mini-van at the time of the collision. They each suffered moderate whiplash that healed in a few months with the help of physical therapy. They each had approximately $3,000 in medical bills.

The insurance company for Mr. Braly never offered any money to settle the claim. The case went to jury trial in Santa Monica. In trial, Scott Mann of the Law Offices of Mann & Elias argued the case was a simple rear-end accident and Mr. Braly was responsible for causing the collision.

However unbelievable, the attorney for the insurance company actually argued that Mrr. Braly was never involved in the accident. Mr. Braly claimed he was only a witness who saw the mini-van hit the car in front of it so he pulled over to help. When asked why he exchanged his insurance information and his drivers license if he was just a witness, Mr. Braly had no answer. When asked to explain the damage to the rear of the mini-van, Mr. Braly had no answer. When asked why the Muslehs would sue a good Samaritan, Mr. Braly had no answer. When asked why the driver of the front car, who was not making a claim against anybody, would falsely accuse Mr. Braly, he had no answer.

The jury, in a 12-0 decision, rejected the defense and awarded the Muslehs a total of approximately $24,000. The verdict was paid in full.

The Law Offices of Mann & Elias have obtained much higher verdicts than this. However, we highlight this case to show what extremes the insurance companies will go to in order not to pay a claim. Even when all of the evidence incriminates the defendant, the insurance company will try to get away with denying the claim anyway. Thanks to Scott Mann of the Law Offices of Mann & Elias, the insurance company didn’t get away with it this time.