Why Insurance Resists Paying Car Accident Claims

Many auto accidents tend to result in very similar injuries.

Because of the numerosity of motor vehicle accidents and the commonality of injuries, insurance companies tend to pigeonhole the values of such cases. It can be difficult to convince them that your case resulted in injuries beyond the statistical average.

Take, for example, a rear-end collision at a stop light.

We see, most frequently, complaints of “whiplash” type symptoms, such as a sore or stiff neck, back pain, and headaches. However, some such collisions result in different injuries or more severe results of the common injuries.

We have seen in such accidents, our clients receive a torn retina, hearing loss, or ringing in the ears. We have seen headaches that never resolve and sensitivity to loud sounds or bright light that never resolve.

Many clients have suffered from post-traumatic stress disorder (PTSD.)

Every person is different, and outlier cases should not get stuck with diminished valuation because other people don’t typically have such results.

Typical injuries from low-speed head-on collisions are injuries from an airbag and injuries to knees and lower legs from hitting under the dashboard. Headaches, neck, and back pain are normal and usually resolve over a few weeks with physical therapy. Such injuries, though typical, are not what some victims suffer in full.

A victim’s age plays a lot in being susceptible to various injuries.

Example: Women, particularly older women, tend to suffer more severe neck injuries because they do not typically have the musculature supporting their necks as men do.

Some insurance companies resist paying victims the damages they are due because the injuries claimed fall outside what is typically expected in a particular type of collision. We see this even when treating doctors support that the cause of the injury was more likely the result of the accident.

Not all insurance companies follow these practices, but many do. When such extreme injuries are claimed, it is important to have the wisdom of an experienced lawyer to help you obtain the proper medical support, so the insurance company will decide that you will be able to prove your non-typical injury was related to your accident.

Settle Your Car Accident Case, or Take It To Trial?

Although some cases must go to trial, properly supporting your injury case and presenting it in a convincing fashion goes a long way in getting your case settled without the risk of trial.

Trials are risky, and lawyers often say, “If you try your case to ten (10) different juries, you will get ten (10) different verdict amounts. Some verdicts will be good, and some will be bad.”

You only have one case, so shouldn’t you have a lawyer who respects that fact and will build your case as strongly as possible to maximize the “settlement” value of your case?

Lawyers have many cases, so getting a bad result at trial in one case is not the end of their world. You have just one case, so you should have a lawyer who gives you the confidence that if your case goes to trial, it will be because it is your best option and not just the lawyer’s best option.