What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?
The insurance company will use any defense they can sink their teeth into. They’ll talk about pre-existing injury, claiming that it was degenerative and not actually caused by the accident. They’ll point out intervening causes and say you didn’t start treating until a few days after the accident. It could have been caused by something else, and they will talk about liability in general. They will say your client was at fault or the treatment they received was overtreated or unnecessary.
They’ll essentially attack every element of the case. They’ll start with who is responsible for the accident and try to claim you were at least partially at fault to minimize the claim. Anything that they can throw at the wall, they will try to present as an obstacle to recovery. They’ll use every trick in the book to try to minimize the value of the claim.
How Are Potential Future Medical Expenses Calculated For A Serious Injury Claim?
Typically, we try and wait for the client to know what the doctor is recommending. Conservative treatment includes physical therapy, and depending on the injuries, additional treatment could become necessary. If that doesn’t work, then there may be a recommendation for surgery. We usually won’t send a demand before we know that the client has had an opportunity to treat the injuries and understand the full extent.
It allows us to evaluate the case’s value better before we take any further action in that regard. Sometimes there will be surgery, and then the client doesn’t respond well, creating a need for further treatment. If there is a surgery, we’ll usually wait for some time to see how the client responds to it. The case will never be closed out before the client, the doctors, and the law firm have a good understanding of the full extent of the injuries and their potential future impact.
When Should I Accept A Car Accident Settlement From An Insurance Company?
Never accept a settlement from the insurance company without speaking to an attorney first. They will, at times, send you a check to make you go away early on in the process. They’ll try and get to you before you can even get to an attorney. They will try and lowball you before you know the actual value of your case, and you risk losing out on tens of thousands of dollars you may have been entitled to.
If you are with an attorney and have been handling the case, then the timing of the settlement is also essential. You don’t want to settle your case if you are in the middle of treatment and don’t know whether you will have surgery. Generally, the most critical factor before settling a claim is knowing all of the implications of your injuries.
For more information on Defenses Used by Insurance Companies, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 | (786) 785-2555 today.
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