You have been involved in an car accident and you aren’t at fault. You are entitled to compensation, right? Not necessarily. Be aware that insurance companies try to pay out as little as possible and will try to minimize your claim based on some of the following factors.
Although you think the accident wasn’t your fault, insurance companies will often overlook fault. Often, liability is not the pressing issue, The real issue is the injuries sustained and whether those injuries meet or exceed the threshold, or deductible. If the injuries don’t meet that threshold of $30,000 for motor vehicle accident claims, it makes no difference how the injuries were sustained.
What was the property damage in the case? The insurance companies will look at the amount of damage done to the vehicles and surrounding property. If there was little damage to the vehicles involved, it’s difficult to convince a jury there was extensive injury to the drivers, whereas photos of crumpled cars are more compelling to a jury making decisions about awards.
The same holds true for what complaints or injuries are reported by first responders to the scene and emergency room doctors. They will note if there are any injuries or complaint of pain at the time. Often, pain and injury surface later so this seems unfair, but it is the reality.
How much treatment or medication have you been undertaking as a result of the accident? It is difficult to prove chronic pain and other injuries if you are not seeing doctors and seeking treatment. The conclusion that most insurers come to is if you are injured, you seek medical advice and treatment. The same goes for claims of depression, stress and anxiety. If you are suffering mental anguish, you should seek a therapist.
What was your medical or psychiatric situation before the accident? Was any of the injury pre-existing to the accident? Insurance companies will want to ascertain the physical and mental health of a plaintiff before the accident. This establishes the pre-accident functioning as a set point and how much that functioning deteriorated after the accident. An insurance company will typically go back three to five years prior to the accident to determine the physical and mental health of the plaintiff.
There are many other nuances to how insurance companies will view a claim after an motor vehicle accident. Your best bet is to get legal advice as soon as possible. The team at A M Injury Law is ready to discuss your case and advise you on the best course of action. Call us for a free evaluation. We continue to protect the rights of our clients in Cornwall, Huntsville and Leamington. Let us protect yours.