Whiplash is a common potential injury in a car crash, as it occurs when your neck and head are forcefully jolted back and forth.
If you are the victim of a car accident and suffer from whiplash as a result, you may be legally entitled to seek damages from the at-fault party, and cover your medical treatment this way. And the way to do that is through an insurance claim with their carrier. Here’s how to file a successful insurance claim for whiplash to get compensated:
1. File a Police Report
You should start filing the insurance claim by calling the police and having them create a report of the events. Police reports are seen as unbiased accounts of events since they have no gain about who gets compensated or how much. This can help you a lot during your claim.
2. Call a Lawyer
Perhaps one of the biggest mistakes you can make in any insurance claim is to not work with a lawyer. Car accident attorneys can help make sure your rights are protected, and that you can continue to seek your whiplash treatment without fear you won’t be able to pay for it.
3. Stick to the Facts
When filing an insurance claim, whether it’s your company or the at-fault driver’s, an insurance adjuster will want to talk to you about the accident. In a way, you’ll be giving a statement, so it’s really important to be careful about what you say.
Your safest bet is to always stick to the facts: the date, time, and place of the accident, and the fact that you are receiving medical treatment. Do not offer any information about your whiplash, or what kind of treatment, how you’re feeling, as these can be later interpreted by the company and hurt your claim.
4. Don’t Admit Fault, or Allude to It
During the claims process, it’s best to let the evidence speak for itself, so you should never admit fault or even partial fault. Remember Missouri has a comparative fault system, and if you agree that you are 30% responsible for the crash, you can only recover 70% of your damages.
5. Speak With an Attorney Before Agreeing to an Independent Medical Exam
The adjuster may request you see their physician for an independent medical exam, but legally speaking you are not necessarily required to do so. Your medical bills and records are generally enough for the insurance company to make a decision regarding your claim, and their request for an additional exam is just a fishing expedition. If the insurance company is requesting that you see their physician, discuss this with your attorney.
Speak With a St. Louis Whiplash Lawyer
Whiplash injuries can require a lot of treatment, and if you don’t want to have to pay for it out of pocket, contact a St. Louis car accident lawyer right away for help with your insurance claim.
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