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2/20/2011
Attorney Mark C. Blane
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Allstate Insurance & MIST Cases | San Diego Car Accident & Injury Claims

Allstate insurance came up with the MIST case designation which stands for "Minor Impact Soft Tissue" or "MIST" for short.  The advent of MIST programs corresponded with the industry growth of bio-mechanical expert witnesses. At Allstate insurance, supervisors are trained how to "motivate the need for MIST specialists.  If a personal injury lawyer is retained in a MIST designated case, Allstate then directs the claims management personal to send a clear message that "scorched earth" tactics will be employed to review the bodily injury claim.  This includes vigorous investigation will be pursued in these selected cases by, among other items, hiring bio-mechanics and considering accident reconstruction experts. Allstate uses bio-mechanics to analyze and correlate vehicle impact force with physical injury, helping the claim representative present a comprehensive damage defense to the MIST selected claim.

The bio-mechanical investigation is divided into two categories:  

1.  Using expert written analysis or internal resource material; or
2.  Hiring a bio-mechanic expert.

Expert Written Analysis:
Expert written analysis or internal resource material is to be used whenever necessary to counter plaintiff's provider opinion on causation of injury; whenever injuries and treatment are significant but inconsistent with the type of impact; whenever the claim is to be denied on damages to the vehicle; whenever attorney profile indicates strategy of mandatory arbitration; whenever Allstate decided to use voluntary arbitration or medication; and whenever a favorable defense medical exam findings report needed to be strengthened. 

Bio-mechanic Analysis:
 
A bio-mechanic expert is to be considered whenever Allstate targets a case for trial; whenever the attorney profile indicates she or he will litigate and try the case; whenever damage photos and/or expert reports are insufficient to support the defense case at trial; whenever injuries and treatment are significant but inconsistent with type of impact; whenever favorable defense medical examination findings needed to be strengthened. and when a nominal offer or denial is declined. 


Category: Auto, Motorcycle & Truck Accidents In California



More Legal Questions About San Diego California Car Accidents?

Do you have more legal questions about San Diego California Car Accident Cases?  Return to the Auto, Motorcycle & Truck Accidents in California Frequently Asked Questions page. 
 

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