Insurance companies are practiced at minimizing claim payouts to protect their own profitability. One of the most common ways in which they do this is by challenging injury severity in car accident claims. If you know what to look for and how to react, these challenges can be far less effective. Learn your rights to protect the true value of your injury claim in Texas. Make sure to contact a car accident lawyer in San Antonio.
Minimal Impact, Minimal Injury
Insurance companies often assert that because the amount of vehicle damage was low – or that the airbag did not deploy – then the victim’s injuries cannot be severe. However, these two things do not always correlate.
A vehicle might have taken an impact reasonably well, with only low-cost repairs, but its occupants may have suffered severe or even catastrophic injuries. A low-impact rear-end collision, for example, could still cause whiplash, spinal cord damage or a concussion.
Delayed Medical Attention
If there is a gap between the time that your car accident occurred and when you got medical care, insurance companies will use this as an opportunity to assert that your injuries must not have been that bad if you did not need emergency care.
While it is always best to get immediate medical treatment after an automobile accident in Texas, a delay does not necessarily mean that your injuries aren’t severe. Your adrenaline from the crash may have masked initial signs of pain, or you could have an injury with delayed or hidden symptoms.
Pre-Existing Injuries
If you have any pre-existing injuries or health conditions in your medical history at the time of a car accident, expect a car insurance company to take advantage of this to try to reduce your claim payout.
An insurance provider may try to claim that you had the injury you’re claiming prior to the accident, for example, and that it was not caused or exacerbated by the crash. It is important to realize that car insurance companies are legally required to take plaintiffs as they are at the time of accidents, even if this is with pre-existing injuries.
Invisible Injuries
Invisible injuries, such as soft-tissue injuries that does not appear on an x-ray, can be just as serious as injuries that are obvious. However, an insurance company may try to diminish the severity of an invisible injury or even deny its existence altogether. These injuries can be more difficult to prove, and may require more detailed medical documentation or testimony from a medical expert.
Independent Medical Examinations
Car insurance companies often order independent medical examinations (IMEs), which are conducted by physicians of their choosing. While IMEs are supposed to be objective, insurance companies may have pre-existing relationships with the medical providers chosen. This can lead to a biased medical evaluation that serves the insurance company’s purposes by downplaying a severe injury.
Social Media Content
It is common for car insurance companies to monitor or surveil claimants to search for reasons to deny a claim. This includes perusing social media posts for any evidence that could potentially be used to show that the victim’s injuries are not severe. A simple photo of you out with friends, for instance, could be used to argue that you are not experiencing a great deal of pain and suffering from your injuries.
Insurance companies are well-versed in protecting their bottom lines during car accident claims. The most effective way to preserve the true value of your claim, especially if you suffered a severe injury, is by contacting a car accident attorney to represent you.