When you hear that someone got in a "fender bender" and they got "whiplash," what’s your first thought? For many people the answer is, “That guy’s faking it.” Brothers and sisters, welcome to MIST cases and the propaganda behind them.
MIST stands for “minor impact, soft tissue.” Launched in the mid '90s by insurance companies, the theory claims that it’s impossible to sustain a permanent or serious injury in a low-property damage or low speed collision. Almost all American insurers have adopted this theory, but there is very little scientific evidence to validate this claim.
MIST relies on the idea that the visible damage of the vehicles and occupant are closely linked. The fundamental assertion is that there is a direct relationship between the intensity of the impact, based on the change in velocity, and the rate of serious injury. However, variables such as stiffness and elasticity of vehicles, the interplay between seat design, occupant mass, occupant position, and vehicle dynamics are not taken into account by MIST. This means that there are serious issues with the MIST methodology.
The problem is that the claimant is being judged by what the car looks like or the extent of the impact rather than the real issue - the claimant's injury. In essence, insurance companies argue that there was no correlation between the collision and the injury sustained. Further, the insurance companies apply the same cookie cutter approach to all cases. In essence, you have insurance adjusters formulating an opinion without actually knowing the first thing about the victim’s injury. We often receive letters from insurance companies discussing the minor impact without inquiring as to the nature and extent of the physical injuries.
If you have been in a fender bender, are suffering whiplash-type injuries, and are getting the run around by the insurance company, give us a call at 253.858.5434 to make an appointment for a free initial consultation.