May 11, 2021
Insurance companies use specific arguments to convince you that your claim is not worth it and reduce the amount of compensation for property damage and medical bills.
# 1 “It’s your fault.”
It is common for an insurance company to make this argument. They will try to make you feel guilty so that you admit you were at least partially at fault, which will affect the value of your claim.
For example, even if the other person ran a red light, the insurance company may say that you are still 30% at fault for not reacting immediately. That would reduce your compensation by 30%.
# 2 “Your injuries are minor.”
The insurance company may question the severity of your injuries. They may point out that you did not go directly to the emergency room or that it did not bother you enough because you did not go to the doctor right away. Don’t let them fool you into believing that your injuries are not severe enough to claim. Seek medical attention as soon as possible after the accident and start a record of your injuries.
Even if you don’t feel any pain or bodily harm at the site, get a check-up at a doctor’s office and keep your medical records. This shows that you acted promptly and shows that the injuries were directly attributable to the car accident.
# 3 “You already had a pre-existing condition.”
Lastly, the insurance company may admit that you are injured, but at the same time, may try to attribute some of your pain and suffering to a pre-existing condition. They may say that your pain is due to this pre-existing condition and is not necessarily related to the car accident. Do not be fooled. You can even be compensated for pre-existing injury exacerbations.
Contact your doctor to determine if what you are experiencing is an aggravation of your pre-existing injury due to the accident. Work with your attorney to understand California personal injury laws and to be able to defend yourself against malicious arguments from insurance companies properly.
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