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Our insured rear-ended another vehicle that was towing a trailer. There was minimal damage, but our insured's bumper got caught over a metal piece on the rear of the trailer. The driver of the other vehicle got out to help our insured attempt to separate the vehicles, and now claims he has injured his back as a result.
He says the injury would not have happened but for the accident. Is he correct?
He may be. If the claim were to go to court, it would mean proving a causal relationship between the use of the vehicle and the injury. Courts across the country have given different decisions, but a general thread is that there must be a causal relationship between the vehicle and the injury. And, as the claimant says, the injury would not have occurred but for the accident.
The facts would be up to the court to evaluate, including any relevant medical information that either substantiates or refutes the claim.
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