A car crash leaves more than physical injuries behind. When insurance companies inject uncertainly by disputing who caused the collision or arguing that a victim’s injuries aren’t connected to the wreck, it’s easy to feel outmatched and overwhelmed. That’s where Joye Law Firm Injury Lawyers can make all the difference. In this case, we stepped in and leveled the playing field for an injured underdog who was up against powerful insurance companies bent on denying fair compensation.
Never one to back down from a challenge, Attorney John Aylor and Case Manager Brittany Kearley knew what was on the line after a West Ashley intersection collision left their client with painful leg and spinal injuries. Overwhelmed by mounting medical bills and an insurance company determined to deny responsibility, their client had little chance of success without an experienced legal team on his side. Through a detailed investigation, extensive medical evidence, and persistent advocacy, our team secured the maximum compensation available to our client, despite the many obstacles they encountered along the way.
A Left Turn Ends in a Violent Collision 
Moments before the incident, our client was traveling southbound on Saint Andrews Boulevard (Highway 61) in Charleston, South Carolina, approaching the intersection with Wesley Drive.
At the same time, another driver traveling northbound attempted to make a left turn across traffic onto Wesley Drive. Both drivers were facing a solid yellow traffic signal when the turning driver crossed directly into our client’s path.
With little time to react, the vehicles collided in the intersection.
Insurance Company Attempts to Shift Blame
Instead of accepting responsibility, the at-fault driver’s insurance company challenged nearly every aspect of the claim.
The defense argued that our client had a red light at the time of the crash, despite evidence clearly showing both vehicles entering the intersection on yellow. They also relied on an eyewitness who claimed our client was traveling well above the speed limit. The at-fault driver and the witness even suggested, without evidence, that our client may have been impaired at the time of the collision.
Attorney Aylor refused to back down. He trusted his client and pushed back on the unfounded attacks on his character. Attorney Aylor carefully analyzed the available evidence, challenged the defense’s allegations, and built a solid case despite the disputed liability. A passenger riding with the at-fault driver failed to appear for a scheduled deposition, further limiting the defense’s ability to support portions of its version of events.
Complicated Medical History Creates Another Challenge
Proving fault was only part of the battle.
Before the collision, our client already had a documented history of back problems, not uncommon for a man in his sixties. The insurance company attempted to argue that the pain our client was experiencing and his need for treatment were unrelated to the collision and solely due to his existing conditions prior to the crash.
To support that argument, the defense took depositions of two of our client’s treating physicians in an effort to dispute whether the crash actually caused the ongoing symptoms.
Attorney Aylor focused on what the medical records consistently showed: the collision significantly worsened our client’s condition and led to additional treatment that would not have otherwise been necessary.
South Carolina follows the “Eggshell Plaintiff” rule, which allows injured people to recover compensation when someone else’s negligence aggravates a pre-existing injury.
More Than a Year of Pain and Conservative Treatment
The day after the collision, our client sought treatment at Summerville Medical Center, where physicians evaluated injuries to the spine, ribs, and elbow. X-rays were taken, and follow-up care was recommended for ongoing spinal symptoms.
Despite the injuries, our client remained committed to conservative treatment before considering more invasive options.
Over the following months, our client underwent:
- Bilateral L4-L5 transforaminal epidural steroid injections on two separate occasions
- A cervical epidural steroid injection
- Right and left-sided lumbar radiofrequency ablations
Physicians also determined that the collision aggravated a pre-existing knee injury.
Medical expenses at the time Attorney Aylor sent the defendant’s insurance a demand letter exceeded $45,000, with future treatment and expenses looming in the future.
Our client faithfully attended medical appointments, followed physician recommendations, and continued seeking relief from pain that persisted long after the collision.
As Attorney Aylor argued during negotiations, the repeated medical visits reflected the victim’s determination to heal rather than any attempt to inflate the claim. Enduring months of appointments, injections, procedures, and persistent pain placed a significant burden on nearly every aspect of daily life. Attorney Aylor emphasized that any jury would understand and sympathize with our client’s struggle to regain his health.
Building a Case the Defense Could Not Ignore
Rather than allowing the insurance company to focus solely on our client’s medical history, Attorney Aylor presented the complete picture.
The evidence demonstrated the seriousness of the collision, the consistent medical treatment that followed, the aggravation of pre-existing conditions, and the lasting pain our client continued to experience. Medical providers documented ongoing symptoms for more than a year after the crash, supporting the conclusion that the collision caused significant additional harm.
Attorney Aylor argued that when our client’s past and future medical care, pain and suffering, and ongoing limitations were fully considered, the damages clearly exceeded the available insurance coverage.
After years of negotiation, Attorney Aylor ultimately secured every dollar of available insurance coverage:
- $250,000, representing the at-fault driver’s bodily injury policy limits through Allstate.
- $50,000 from our client’s own underinsured motorist (UIM) coverage through State Farm.
Together, the recoveries totaled $300,000, providing compensation despite aggressively disputed liability, allegations regarding fault, and challenges surrounding pre-existing medical conditions.
Experienced Representation Matters Against Combative Insurance Companies
The defenses raised in this case are common insurance company tactics. They use them because they often work on unsuspecting victims who attempt to represent themselves or find themselves working with an inexperienced legal team. Successfully overcoming these arguments requires a thorough investigation, strong medical evidence, and attorneys with a reputation for refusing to back down.
At Joye Law Firm Injury Lawyers, we have decades of experience handling cases involving disputed liability, aggravated pre-existing injuries, and complex medical histories. We carefully examine the evidence, work closely with treating physicians and experts, and prepare every case as though it could be presented to a jury. That approach often puts us in the strongest position to negotiate the compensation our clients deserve.
If you were injured in a South Carolina car accident and the insurance company is denying responsibility or claiming your injuries were pre-existing, contact Joye Law Firm Injury Lawyers for a free consultation. We’ll review your case, explain your options, and fight for every penny you deserve.
Disclaimer: Past results do not guarantee future outcomes.
