When you are in a car accident due to another person’s negligence, you need to file a claim against his or her insurance company so you can receive compensation for your damages.
Insurance companies, while they are in the business of helping people in a time of need, have to worry about their own bottom lines as well. You may face some issues when you attempt to win a sizable claim against an insurance company. Here are some impediments you may face during the insurance claims process.
Total or Partial Claim Denial
If an insurance company does not have enough evidence their insured party is the cause of your injuries, they will deny your claim. Once this happens, the insurer will have no obligation to pay for your expenses. An insurance company is not going to deny your claim without solid proof, however.
After a car accident, the insurer could claim you were just as negligent as the person who hit you, which contributes to the liability for the accident. The result could be a partial denial of your claim, which means you would only receive money for a portion of your damages.
They can also claim you did not file within the proper statute of limitations. Always be sure to make your claims as soon as possible with enough evidence to prove the other party is negligent.
Decreased Value of Your Pain and Suffering
An insurance company can pay you less money by decreasing the value they place on your level of pain and suffering.
The claims adjuster assigned to your claim could contest the treatment you received for the injuries you suffered at the hands of their client. He or she may also want to contest the extent of the treatment you received. This occurs often in cases in which pain management care is necessary on an ongoing basis.
The pain and suffering portion of a personal injury claim is a huge portion of the compensation victims receive. This is not easy to measure, and no actual formula exists that insurance carriers use to assign valuation. The insurer will look at the losses, the injuries, the treatment necessary, the existence of a permanent disability, and other factors to determine your pain and suffering.
Insurance companies can adjust the compensation since pain and suffering is so subjective. Other contributing factors to your pain and suffering, such as the lack of ability to enjoy your past hobbies.
If you feel the compensation for your pain and suffering is not fair compared to your injuries, you need to contact your attorney. You may need to take your claim to court so a jury can evaluate your circumstances and reward you appropriately.
Impediments from Your Past Injuries
If you have a pre-existing injury, some insurance companies may request further medical evaluation to ensure your new injury does not have anything to do with your old one.
The claims adjuster may declare your old injury is the cause of your current injury instead of the accident based on the new medical evaluation. When this happens, the insurance company will not have any obligation to pay you for your current injuries.
However, if the negligence of their insured caused the accident, the law requires the insurer to pay victims of personal injury for the pain and suffering the other party caused, regardless of a pre-existing injury.
If you are concerned about your personal injury claim, please contact us at the Garrison Law Firm for assistance. Our firm represents injured people in the entire state of Arizona. We will work to fight for the damages you deserve.