'Turns out the admission was really important': Insurance lawyer refuses to download video software to help his client, realizes his mistake in the courtroom

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    Sky
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    Font - You won't settle until I send a file type your computer will open? Ok. M OC Hey guys! I hope you all enjoy another lawyer story. Same disclaimer - I'm not your lawyer and none of this is legal advice (don't take legal advice from internet randos).
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    Font - Client comes in with a seemingly simple auto collision. Client was hit, other driver got out and said something like "Ohmygod are you ok? I'm so sorry, I dropped my phone and reached to get it...". Client had a dashcam which recorded the whole thing including the admission of guilt. Easy client right?
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    Font - Turns out the admission was really important, because the type of accident didn't make a 'determination of fault' easy (imagine a rear end collision at a red light as an easy determination, but a collision at a four way stop sign as a hard determination). When the cops showed up, the police report found both drivers at fault AND did not mention any statements from the other driver.
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    Font - But we have our admission and my client's damages were above the other guy's policy limit. So I send a demand to the insurance company for policy limits. Note that the insurance company has an obligation to negotiate in good faith, which becomes important later.
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    Font - Lawyer from insurance reaches out and says (basically) - "Look, my client says they were driving safely, and the police report says shared fault." The initial offer is like 10 grand. I replied "Yeah but my client had a dashcam and it recorded your client admitting fault."
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    Font - Its important to understand that this was before dashcams were common. It wasn't my first case with a dashcam, but it might have been my third or fourth. No mention of the dashcam was made on the police report.
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    Font - Insurance attorney says (I imagine while twirling a dumb mustache) "Interesting, can you send me a copy of the video?" I say sure and send it over. He replies "I can't open this!" So I send him a link to vlc media player "It's a weird extension, and windows media player won't play it. But VLC will, just follow the installer instructions and it should play no problem."
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    Font - He says "I'm not installing something to watch your alleged dash cam video. Send me a file I can play if you want me to consider it."
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    Font - This makes me unhappy, but I tried again "It will take less than a few minutes to install, you can watch the video and listen to your client admit fault." He say "We are done here until you send something I can play." Cue malicious compliance music - Country Grammar Start super cool montage of me going through other client files Stop montage as I open a file and my face is bathed in a golden light radiating from an old memorex CD
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    Font - So I found a DIFFERENT dashcam video (which did not contain any sound) BUT it could be played with windows media player AND it was close enough to my current client's facts that if you weren't paying attention it could pass. Other attorney just asked for a file he could play, right?
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    Font - I sent it over. He says "Wow no sound. Guess you're done buddy." So I sued. During discovery I sent a CD over which included the ORIGINAL video AND a copy of VLC. He must have ignored it because he didn't say anything about it.
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    Font - During a pretrial motion hearing, I played the video for the judge. The judge might have heard the other lawyer's jaw hit his desk. The insurance attorney says "Your honor this is not the video he sent to me!" In my mind's eye I see the malicious compliance death star preparing to fire.
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    Font - "Judge I thought he might say that. Here is a copy of our emails where I described the video, provided the video, and sent instructions on how to play it. Here is a copy of the CD I sent with discovery which ALSO has the video and a copy of VLC. Finally, here is a copy of the unrelated video which I sent to fulfill his request of something he could play".
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    Font - Other attorney asks for a recess. Because he refused the initial demand of policy limits I told him I would argue he did not negotiate in good faith. We settled for well above policy limits. Client was very happy. P.S. don't go to law school #notworth.
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    Font - LongPast DueDate I love legal stories. No one can be more maliciously compliant than a lawyer. It's almost like you went to school for it. 6.9k Reply Share MeowSchwitzInThere OP I'd guess 90% of lawyer interactions are pretty cordial. But when it helps the client, malicious compliance seasoned with snark is delicious.
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    Font - gelateneo Settlement: Way more than 10 grand. Malicious Compliance paying off: Priceless. "Wow no sound. Guess you're done buddy." LOL 836 Reply Share MeowSchwitzInThere OP Yeah, I imagine he played the first 5 or so seconds with speakers maxed and said "Welp, I can't hear anything SO I WIN ahahaha".
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    Font - Epiphany Twisted I wonder how the insurance company responded to their lawyer. Hopefully they fired him in a format he can open. 675 Reply Share MeowSchwitzInThere OP X to doubt lol. Its pretty rare to fire senior lawyers from major companies. They basically have to bang and/or steal from their clients.

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