One of the biggest arguments that insurance adjusters like to make to defend or minimize the value of an injury claim is that you didn’t seek medical attention right after the accident or that there was a big gap between getting consistent medical treatment. I’ve seen insurance companies rely on this position countless times and even had a front-row seat to see how insurance companies try to support this position. Despite what the insurance company thinks about you not getting medical treatment promptly or delaying getting additional medical treatment, if you play your cards right and ultimately at some point get the medical treatment you need, you can still win your injury case.
Randy’s Story
Let me tell you the story of my past client, Randy. Randy was in a car accident, but the lesson I’m about to teach you with his story applies to all types of personal injury cases, including slip or trip and fall injury cases and any other type of injury case. Randy proceeded through a green light when he was struck in the intersection by another driver. The other driver apologized for the accident and admitted liability at the scene. The other driver was using his cell phone when the accident occurred. Due to his car accident, Randy sustained an aggravation to his neck. Randy had suffered from problems with his neck for years prior to the accident, but he did not seek medical treatment right away. In fact, months went by after the car accident before Randy got any medical treatment. When he did start treatment, he went to the same medical provider he had been seeing for his neck even prior to the accident.
The Impact of Delay
Randy’s neck problems prior to the accident were significant, but he was not at the point of possibly needing surgery quite yet. The accident was the last straw, aggravating the condition of his neck to the point that surgery became necessary. Randy called me months after his accident. He was frustrated and felt hopeless as he had gotten nowhere in trying to handle his claim on his own. The insurance company constantly called, questioning his injury claim because of his delay in getting medical treatment. He didn’t believe there was much anyone could do for him, but he decided to give me a call hoping that he was wrong and that I might be able to help him.
Building the Case
Randy was in a tough position, and I wanted to do everything I possibly could to help him out, so I signed him up as a client. A little less than a year and a half after the accident, Randy had to have surgery on his neck. After his surgery, we gathered all of Randy’s medical records and bills following his accident, including the records for his surgery. I took a good look at his records to figure out how we could possibly link Randy’s surgery to the car accident, given that Randy didn’t seek treatment until months after his car accident. What I noticed was that Randy had an MRI months after his car accident, and we were also able to obtain records from an MRI on his neck that he had about eight years prior to the car accident. Comparing the MRI reports, it was clear that Randy’s condition had worsened over those eight years.
The Demand
I then proceeded to send a written demand to the other driver’s insurance carrier, demanding that they pay out the insurance policy limits. In my demand, I pointed out how Randy’s condition had worsened, which was obvious when comparing the two MRI reports, and that due to the accident, surgery became necessary. With very little fight, the other driver’s insurance company quickly paid out their six-figure insurance policy limits. But we weren’t done there. Randy also had underinsured motorist insurance coverage on his automobile insurance policy. Underinsured motorist insurance coverage is a type of insurance coverage on your automobile insurance policy that allows you to pursue a claim for your damages in excess of any at-fault driver’s insurance policy in the event the at-fault driver does not have enough insurance to cover all your damages.
Settling the Case
After settling for the policy limits with the at-fault driver’s insurance company, I sent a written demand for the underinsured motorist insurance policy to my client’s automobile insurance carrier. It took a good amount of work and time, but I finally was able to pressure the underinsured motorist insurance carrier to pay out the six-figure underinsured motorist insurance policy limits, despite Randy not getting any medical treatment until months after his accident. Randy was happy with the settlement I got for him. When he first called me, he didn’t think a payday like this would come for him. He was hopeless due to the significant gap of time before he got medical treatment after his car accident.
Key Takeaways
Insurance companies commonly point to delays in getting medical treatment as an argument to devalue your case. Don’t let this argument fool you into thinking you don’t have an injury case. Insurance adjusters will do anything they can to make you think you don’t have much of a case. Just because you did not get medical treatment right away or had a significant time gap between getting any medical treatment does not mean your case necessarily has minimal value or no value at all.
Importance of Timely Treatment
With all of this said, delaying your medical treatment is still never a good idea. It’s in your best interest for your health to get medical treatment right away after sustaining an injury. It will also make things easier for your injury claim if you get medical treatment as soon as possible after your accident. It will give the insurance company one less excuse and more motivation not to delay paying you a fair and reasonable settlement for your injuries.
When the Offer Is Too Low
Now that you know not to panic with your injury claim just because you delayed getting medical treatment or went through a period of time without getting medical treatment, what happens when the insurance company is only willing to make you a small offer to settle your injury claim? If that happens, it’s quite possible it will take a considerable amount of time to work up your case to get a fair and reasonable offer. In this video about to pop up here, I’ll tell you how being patient can help you win your injury case and secure a fair settlement offer.
Final Advice
Lastly, if you’ve been injured in a car accident, slip and fall accident, or dog bite in Kentucky, remember: don’t wait, call Tate.
Recent Comments