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What Defenses Do Insurance Companies Use To Avoid Paying Claims?

It’s hard to itemize all the possible defenses insurance companies use to avoid paying claims. They certainly will use any that they can think of. A common one they try is to relate the severity of the injury claims to the property damage that is done. If, for example, you are claiming, and liability is not a problem. It is 100% not your fault. Someone rear-ends you when you are parked. If the damage to the vehicle is only a couple of hundred dollars but you are claiming severe medical damage, they will say that the damage to the vehicle is not proportionate to the damage you are claiming. This is nonsense because you can have an absolutely severe mangled crash and someone walks away from it without any injuries or you can have a minor impact and it might kill someone. It is one of the defenses that they use and they have computer programs to bolster their argument.

The other defense insurance companies use is the lack of treatment immediately following the accident. You have to see a doctor within 14 days and the sooner the better. Or insurance companies use the lack of any follow-up treatments. If you go to see the doctor and he says to come back in three to four days, that he wants to see you again, and you do not, failure to follow the physician’s advice is often used as an argument. They will say that you were told to do something and you did not do it, so they are not responsible for any harm that may result and you are. The other thing insurance companies note is where there are gaps in care. For example, the doctor says to go to physiotherapy three times a week for six weeks. You go two times a week for three weeks and then stop. The insurance company will argue that it means that the situation was resolved and that the injury couldn’t have been that serious if you stopped. There may be other reasons for stopping. You may have relocated. You may not be able to get to the physical therapy. There are a number of reasons why there are gaps of care but they will be used by the insurance company to fight the claim.

The other thing that the insurance companies are very fond of using is a preexisting condition. You are claiming injury to the right knee but the records indicate that you saw the doctor the week before the accident for a problem with your right knee. They may have a case there but there is also the principle of what they call exacerbation of a preexisting condition. You may have had a back injury two or three years ago and the collision caused the problem with the back to flare up. That does not necessarily rule you out of the box just because you had a preexisting injury. The thing that will hurt is if you had one that was pretty recent prior to the accident. The insurance company will say that the injury that you are claiming is unrelated to the accident.

How Long Should I Wait To Seek Medical Treatment After An Auto Accident?

The sooner you go seek medical treatment after an auto accident the better. It is pretty standard that two weeks is too long to wait. It does sometimes happen that you do feel fine and several days later you do not or you are alright, but several weeks later you are not alright. I would recommend even if you do feel alright to go see the doctor and document what has happened. If a couple of weeks later things develop, you are still covered.

Why Is It Necessary To Hire An Attorney To Handle An Auto Accident Claim?

You do not need an attorney to handle an auto accident claim, but statistically, you will get a lot more money with them handling the case. You can do it on your own and the insurance company can take care of it. Insurance adjusters always come across as your best friend. They make it like they want to give you a lot of money and they want to get this done quickly. In reality, they want to close the case by giving you as little as possible. I had one case where the person faced exactly the same scenario. The nice guy on the phone said they want to give some money quickly. They verbally agreed to settle this case for $2,000. Then, I got involved in it. Fortunately, it was not agreed to in writing and by the time we were done, my client received $30,000.

How Long Does It Take To Receive Funds After A Settlement Has Been Reached In An Auto Accident Claim?

Usually, I like to get how long it should take to receive funds after a settlement has been reached in an auto accident in writing. When I do it, I usually say that we need to get this settlement agreement within seven days and we need to get the check within 30 days of your receipt of the signed settlement agreement. If they are not prepared to do that, then I usually advise my clients not to make any settlement. I have not had any problem with them complying with those requests.

What Sets You And Your Firm Apart In Handling Auto Accident Cases?

What sets me and my firm apart in handling auto accident cases is that I have been in a serious auto accident myself and so has my wife. We know what it is like to have been injured and we know what it is like to fight the insurance companies. Incidentally, in both those cases, we received very good settlements. In my wife’s case, I initially had another firm handle it because I had a big trial. After I took over the case, we finished up getting over 20 times what they had on the table. In cases that I have handled for others, I have gotten a fair payment for the injuries they suffered. The insurance companies know that I am prepared to go to court. I will not be bullied and I will not be lowballed by them. I have achieved very good settlements overall for my clients for those reasons.

Additional Information On Auto Accident Claims In Florida

The critical thing for people is to document everything and not assume that everyone’s memory will be the same six months later down the line either by accident or design. Another important thing is for people to realize that no matter how friendly the insurance adjusters may be, that it is actually in their best interest to close the case for as little as possible as shortly as possible. They will also ask for a recorded statement. My advice would be not to give it without talking to me first.

For more information on Defenses Used By Insurance Companies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.

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