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We recently had great success in a hard-fought battle against an insurance company. What is amazing about this case is we got around a settlement that the insurance company tried to trick her into.

Aarti was rear-ended and suffered severe injuries to her neck and right arm. She ultimately required surgery, and the total medical was over $40,000.

One week after the accident, the at-fault driver’s insurance company tried to settle the claim with Aarti over the phone before she knew the full extent of her injuries. They offered $260 for full settlement and agreed to pay for medical bills up to $2,000.

The insurance company then sent Aarti a letter saying she agreed to settle her injury claim for $260 and asked her to sign a release. Aarti cashed the check because she believed it was partial payment for her medical bills, not the settlement of her claims.

However, she did not sign the release.

After taking the case, the insurance company told us Aarti already settled her claim in full for $260. We disputed this and filed a lawsuit. The defendants raised the affirmative defense of accord and satisfaction, asserting that the dispute had been settled when Aarti cashed the check.

Under Missouri law, when an insurance claim involves a genuinely disputed amount, and the insured accepts in settlement of that claim-a draft designated as payment in full, an accord and satisfaction results. Clark v. Trader Ins. Co., 951 S.W.2d 750, 754 (Mo. App. 1997).

Missouri law agrees that where a claim is unliquidated or in dispute, a check has been tendered on the express condition that acceptance thereof shall be deemed to be satisfied in total, and where the payee cashes the check, an accord and satisfaction results. Id.

We rejected the defense of accord and satisfaction. During discovery, the defendants served requests for admissions attempting to get Aarti to admit that she settled her claim for $260, which we denied.

We asserted that the check was not for full settlement but rather partial payment for Aarti’s medical treatment.

After written discovery was completed, the defendants offered Aarti the policy limits of $50,000.

This case was a big win, and we were happy to help Aarti with this misleading claim.

This is why we do what we do – fight unscrupulous insurance companies trying to trick people.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

We Deliver Great Results

Over $170 Million won for our clients


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Common Questions & Answers

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The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

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What Tricks Do Insurance Companies Use To Avoid Paying Claims?

When you have a personal injury claim, be aware of the tricks insurance companies will use to try to avoid paying claims like yours. While there are some occasions where the defendant's insurance company will act in good faith and offer a fair settlement without extensive litigation, it is more co …

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Is It Worth It to Get a Lawyer for a Car Accident?

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What Do Car Accident Lawyers Do?

What Do Car Accident Lawyers Do? If you've been injured in a car accident because someone else broke the rules of the road, you're probably wondering how to proceed with getting compensation and if you need an attorney for your claim. You may be wondering, what exactly can car accident lawyers do …

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