Advice On Car Insurance Injury Claims

Let me first start by saying if you have been injured in an auto accident, you should seek proper medical attention without regard to your insurance claim.

The failure to do this is where many people fall to the wayside.

Think about it. If you didn’t seek medical care, what was the problem, how can you document your injury? Insurance adjusters are normally trained on the best arguments for the type of scenario where no treatment was sought, and you will likely be rejected if you attempt to file an injury claim. There is simply no excuse for not seeking medical treatment for an injury.

What? You were hurt but you don’t have insurance or any money to spare and couldn’t get treated?

 The adjuster’s answer to this is simple: If you didn’t go to the hospital, then your injury wasn’t very bad and you incurred no cost, therefore there is not even a pain and suffering aspect.

Have you heard of the “Emergency Medical Treatment and Active Labor Act”? Almost all adjusters have. Briefly, this is a law that was enacted by Congress in 1986. It is a Federal law. What it means is that if you have any type of emergency or if you are a woman and in active labor, then almost all hospitals and ambulance services must provide you treatment, no matter if you are an illegal alien, or if you have no insurance or money at all.

The most you could expect if you didn’t seek treatment would be what adjusters call a “nuisance value” settlement, no more than $500, and only if you seem to be sincere and the adjuster is nice.

You think that’s not fair?

If you are hurt, then you should get paid, right? Even if you didn’t go to the hospital you can still be hurt, right? The answer is…..sort of. If you have what they call a “soft tissue” injury, then it may not warrant emergency care. The problem is that treatment for soft tissue injuries is debatable. Chiropractors will tell you that you need to undergo some treatments, exercises or adjustments to speed up the healing and alleviate the soreness or pain. Liability claims are paid based on a complete injury evaluation which means you have to be finished with your treatment before you can get a settlement.

If you don’t go to the hospital because you don’t have insurance or think you can’t afford it, you have made a bad mistake and there is nothing for the adjuster to evaluate.

The deciding question (in the back of their mind) for a jury and for an insurance adjuster is “Regarding treatment for your injury, would you have taken the same action if you knew there was no insurance available?” If the answer to this question is yes and the evidence supports that answer, then you most likely have an injury claim that is worth pursuing. Now, to determine the value of your injury claim you will have to account for many factors.

To answer the question posed by the article title, you should add up all your medicals, research the venue, and evaluate all the factors that are provided in my popular ebook.

This article is the first paragraph in my full e-book that explains everything you need to know!

Posted in: Auto Accidents, Total Loss