Insurance companies hire attorneys who only handle auto accident insurance claims. They are hired to save the insurance company money. Sometimes that means the attorney needs to settle a claim quickly by making a significant offer of money to avoid going through litigation and sometimes that means the attorney needs to deny the claim and fight it to the end.
There are red flags in auto accident insurance claims that alert insurance company attorneys and adjusters to deny a claim. Some of the red flags cannot be avoided by an accident victim, and some can be avoided.
No Police Report
Following an accident, even one with minimal damage, it is critical for the drivers involved to call the police and make sure an accident report is completed. Memories fade over time and details of accidents which are in dispute are harder to argue as days and weeks pass following an accident. It is common for drivers to have different versions of the same accident and liability can be tough to prove without a documented record of the accident. A police report gets the details from each driver on paper immediately following an accident and provides the detail necessary for an insurance company to fully appreciate each party’s possible liability.
Pre-Existing Injuries
Accident victims who have a history of injury are typically scrutinized more closely than those who don’t. An accident victim can only be compensated for injuries resulting from an accident. For example, a person with a history of back pain will have a difficult time proving the back pain was exacerbated by a car accident where a person who had no back pain before an accident would not have a difficult time relating the pain to the accident.
Extensive Chiropractic Care
Chiropractic care that continues for a longer period of time than necessary for any given injury is a red flag that an accident victim may be taking advantage of the insurance company. Chiropractic care alone is not a red flag, but chiropractic care that doesn’t seem to be helping the patient heal or get back to work and daily activities will be seen as questionable care from the insurance company. An accident victim should get diagnostic testing from a doctor or from a chiropractor to objectively document the injury. Insurance companies rely on documented evidence and chiropractic notes are sometimes not enough.
Getting Legal Help
An experienced personal injury attorney can help an accident victim avoid the red flags. An attorney can also help an accident victim strategize to work through the red flags and to work with the insurance company to get the best settlement possible for the victim.
