A car insurance company is responsible for paying for any personal injury resulting from an auto accident. However, it might take effort and coercing to get the company to be willing to make that payment. Below is advice on inducing an auto insurance company to pay for your personal injuries.
Prove you are Injured
While it might seem ridiculous that you must prove that you are injured, you still must do so. This requires that you see a physician for treatment, undergo physical therapy for your injuries or otherwise seek advice about your physical or mental condition after the accident. Typically, treatment of the injury cannot have occurred prior to the accident, unless you are attempting to prove that the accident made one or more of your previous ailments worse.
How to Prove Injury
Medical records from before and after the injury are the best way to prove that you were injured. If you were taken to a hospital in an ambulance, ask for a copy of the ambulance report. The police report made at the scene of or immediately after the accident will include whether any party involved was injured and if so, their injuries.
Relate the Injuries to the Accident
The most important aspect to making a car insurance company pay for your personal injuries is to show how they are related to the auto accident. This requires showing that 1) the accident caused your injuries and 2) your injuries were not present prior to the accident. However, you can also show that the accident exacerbated a previously sustained injury or condition. To do so, you must demonstrate that after the accident you needed to seek additional or new treatment for the injury.
Prove You Are Not Receiving Other Compensation
Most auto insurance companies will try to avoid paying for personal injuries by showing that the injured party is receiving benefits from medical insurance. If you are receiving medical benefits, keep track of those expenses that you pay out of your pocket. If you do not have medical insurance, state that you are not receiving benefits from any other source. Third party benefits, such as payments received from the party responsible for the accident, are treated in the same manner.
Demand Compensation
In your claim or demand letter, specifically request compensation for your personal injuries. If you do not request compensation, the insurance company will not offer to pay for them.
Getting Legal Advice
If you have been injured in an auto accident and would like the insurance company to pay for your injuries, seek legal assistance with your claim. An attorney will advise you on the best methods to take to obtain compensation for personal injuries.
