MATEK LAW OFFICES, P.C.

Spotlight Case

Matek Law Offices tries to get the insured involved in cases at the outset to ensure cooperation throughout our subrogation case. It is almost impossible to recover without them. Almost impossible. Our spotlight case is an example of how perseverance and an informed, aggressive lawyer can lead to successful recovery, even when the insured is not cooperating.

In the spotlight case, the opposing insurer refused to pay out for a loss caused by its insured. As a result, our client asked us to sue on their behalf to effectuate recovery from the difficult insurer of the responsible party. No settlement offer was forthcoming, so the court sent the case to its court arbitration program. Unfortunately, our insured driver refused to attend the court’s arbitration hearing. Consequently, an order was entered barring our insured driver from testifying at the trial. As usual, there was no settlement offer.

An adjuster from our client, the insurer, was available to testify at the trial as to the damages. The testimony of the defendant was sufficient to establish liability. Finally, the defendant identified the post-impact pictures of the demolished right side of the vehicle of the insured as accurate, and our adjuster testified that there was no evidence of prior damage in the inspection report. We could therefore demonstrate each of the three elements – liability, proximate cause and damages. We brought all of this out at the trial, and the jury agreed and entered a verdict in favor of our client!

Many attorneys might have recommended that you abandon this claim as un-winnable. But this case provides a perfect example of how our persistent, aggressive approach may result in a successful recovery even when all seems lost. That’s why we never give up and that’s why we involve the insured at the beginning of the case whenever possible!

Our file number: 00-09-00051