What Defenses Do Insurance Companies Use To Avoid Paying Claims?
The insurance company will start with liability. They will look at how the accident happened and if there is any conceivable argument they can make that you were at fault or partially at fault, they will make it. Then, they are going to look at how the injury happened to you and whether you have anything pre-existing in the same area of your body. The insurance company will pull your medical records, typically from two to five years before the accident happened, and they will scour them to see if there is anything that is vaguely similar in their records that they can argue as causing the current problems, rather than the car accident.
If you have a neck or back injury and you are (roughly) over the age of 30, they will hire a paid defense expert to go through your records. They will give the opinion that your problem is degenerative because everyone’s back and neck degenerates as they get older. They will claim that it would have happened even without the accident and that the pain you are experiencing has nothing to do with the accident.
What If I Feel Fine After An Injury But Several Days Or Weeks Later, I Have Pain Or Other Physical Problems. Do I Still Have A Personal Injury Case? How Long Can I Wait To Seek Medical Treatment?
If you delay medical treatment, you still have a personal injury case but your case becomes incrementally more difficult. It’s not uncommon for people not to experience pain immediately after an accident. However, the sooner you go in to see a doctor, the better off you are. The longer you wait, the more things can happen in the intervening time and the more likely it is that an insurance company is going to be able to successfully argue that whatever problem you are having wasn’t because of the accident. Seeking treatment sooner after you realize you have a problem is better. Don’t tough it out. The way to prove your case is through the documents that are created by the doctors you are seeing. Talk to a healthcare professional and make sure they are documenting all your complaints.
Why Is It Critical For Me To Follow Doctor’s Recommendations For My Personal Injury Claim?
If you don’t follow your doctor’s instructions, the insurance company is going to be able to argue that you are responsible for some of your ongoing problems and juries tend to agree. Do what the doctors tell you to do both because it may help you and because it will take away an argument the insurance company will use against you later.
If you are instructed by a doctor to go to physical therapy now and your life is too busy and you wait two or three months, the conclusion that people will come to isn’t that your life is too busy. It is that you weren’t actually hurt that badly. Follow your doctor’s orders to the best of your ability.
For more information on Defenses Used By Insurance Companies, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.
Call Now For A Free Case Evaluation
(408) 687-9155 | (408) 444-7700