Car Accident Claims

Car Insurance Claim Denied – What Next?

June 13, 2018 By Christopher

Insurance companies work hard to limit their liability. It is important to speak with a car accident lawyer to understand what you are entitled to.

When you are in a car accident in the state of Missouri, who is at-fault is determined, and then that person’s insurance company is generally responsible for paying for both the injuries of the at-fault driver and any property damage.

It might be the case that both, or even multiple drivers, are at-fault due to comparative negligence. If more than one driver is at fault, then the insurance company is responsible for paying for their “portion” or percentage of negligence according to the law.

If you filed a claim for personal injury through your insurance company and you are being denied coverage, there are times when it will “stick” and others when the insurance company is just looking for a way out of their obligation.

Knowing the difference, and defending yourself against being turned away when you shouldn’t, is critical to getting the compensation that you deserve.

Why Would an Insurance Company Deny a Claim?

You pay your premium and expect that an insurance company’s job is to ensure that you are adequately compensated when you are in an accident, but that might not always be the case. A car insurance company is in the business as a business.

That means that their goal is to be profitable. They do that by trying to limit their liability any way that they can. That gives them an incentive to deny claims that are real and justified, to make people jump through hoops and hopefully give up.

It also means that an insurance company will almost always low ball how much they give you. Whether it is assessing your car repairs at a lower cost than is realistic or trying to limit your non-economic damages, they will work hard to pay you as less as possible, not to compensate you wholly.

Valid Reasons Why They Can Deny Your Claim

Not all denials are based on unethical practices. There are valid reasons that your claim might be denied, the most common being:

Your insurance was expired when you were in the accident.
There isn’t enough evidence to prove that you were at-fault in the crash.
The accident happened in a location where your policy does not cover you.
You don’t have the proper documentation to determine that you were injured at all, or your injuries were pre-existing, and not a result of the accident.

Your insurance company is required to pay for a car accident where you were at-fault, period. If you are being denied coverage, it is crucial that you speak with a St. Louis car accident attorney as soon as possible.

Even if the insurance company is trying to minimize your compensation, your St. Louis car accident lawyer will fight hard to ensure that they live up to their end of the deal and only pay the amount to which they are obligated. If you don’t fight, you won’t win.

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Addressing Delayed Injuries After a Car Accident

May 1, 2018 By Christopher

One of the biggest mistakes someone can make after a car accident is to dismiss an injury as nothing serious without having proper tests run.

When you are in an automobile accident, the car hits something and stops, but your body does not. The types of injuries that are most common in car accidents are also those that might not surface right away.

The biggest mistake that someone can make is to think that an injury is nothing serious and dismiss it without having proper tests run. If you are injured in an accident, even if you think that it is just a minor bruise or soreness, it is critical to receive medical care immediately.

Chain of Causation

Not only do you need to receive medical attention in case the injuries need to be addressed so that they don’t become major, you also need to create something called a “chain of causation.”

If you are injured and you don’t get the appropriate medical services immediately following the accident, there is the potential that you will not be able to prove that your injuries were a direct cause of the car accident. That would make it more difficult to win your case if you should have to file a claim to be compensated. Going from the accident to the hospital and having proper tests run creates a chain of evidence helping proving your injuries were the result of the car accident.

Whiplash

One of the most common types of injuries that people sustain in an accident is something called whiplash. Whiplash occurs when the soft tissue of the neck is injured. Often the signs of whiplash appear to be just a little stiffness or soreness.

If you leave a neck injury unchecked, it is possible to have serious problems later on. The soft tissue of the neck, when inflamed, can cause tears in the discs and lead to further complications and neck and spine problems in the future.

Other Soft Tissue Injuries

Typically, if you are in a fender bender, the soreness that you have goes away within a day or two. If you notice that your bruises are not healing the way that you thought they would, it is important that you seek medical care.

Soft tissue injuries can lead to chronic edema that can wreak havoc on your joints and bones and lead to further issues. If you sustain an injury in a car accident, you might need to have physical rehabilitation or other medical treatment to prevent a minor injury from becoming major.

Internal Bleeding

If the car stops suddenly and your body doesn’t, it is possible for you to hit things like the window of the dashboard. If you have any blunt force trauma, it can lead to internal bleeding or a traumatic brain injury.

If you lose consciousness at all, it is critical that you go to the emergency room to make sure that you get the help you need to address any internal bleeding or brain injuries that might be going on.

If you are in an accident and injured, even if you think the injuries are minor, it is critical that you address them immediately. Those things that seem minor can have a delayed onset, and if you don’t prove that they are injuries you sustained in the accident, you’ll have a hard time getting the compensation that you need.

Steps in a Car Accident Settlement – St. Louis Auto Crash Lawyer

May 16, 2017 By Christopher

If you have been hurt in a car accident, and it wasn’t your fault, it might be harder than you think to receive the compensation you deserve.

When someone else caused your injuries, it is their insurance carrier who is generally responsible for paying, but they usually don’t have your best interest at heart.

That is why, if an insurance company offers you a settlement, it is in your best interests to have a St. Louis car accident lawyer in your corner to ensure that you are getting all the money you deserve. It will be additional security not just for your immediate situation, but for any later bills or injuries that can to prop up.

A settlement means that you agree to resolve your case, and the logistics of what you are entitled to, outside of a courtroom. Although there is a misconception about personal injury and car accidents, many of these cases are settled far before they advance to being heard by a trial or judge.

Often, the two parties can reach an agreement about what is fair compensation and avoid a timely or expensive lawsuit. Even if you do take your case to trial, there is no guarantee that you will either get more or even win.

Step one: the demand letter

If you are injured, and you feel as if your car accident injuries are not being fairly addressed or paid for by the other person’s insurance company, then the first step to take is to write a formal demand letter. A demand letter is a letter written to the insurer that gives you an opportunity to state your grievances, explain the specifics of the incident, and to describe all the damages and injuries that you have endured. It is also a time where you request a payment amount that would be suitable to settle your case without escalating the incident to a lawsuit.

It is best that you have a St. Louis car accident lawyer draft the letter so that it is clear, concise, and so that you aren’t underestimating the settlement amount. The other insurance company will likely want to get an independent medical evaluation to determine the honesty of your claim and to make sure that your injuries are as stated.

Negotiating the settlement

Once the demand letter is received, and both sides have had the opportunity to read it and respond, then the case might move into the settlement phase. There will likely be a lot of back and forth to the negotiations before an agreement is reached. If no agreement can be found, then the case might be moved to something called an alternative dispute resolution party or a mediator. They might help to find an agreement somewhere in the middle. If not, the case will have to be escalated.

Speak with a car accident attorney

If you are injured in a car accident, it is important not to try to agree to a settlement on your own. A risky proposition, you might be left unfairly compensated or not anticipating future expenses that will then be on you to pay for. Having an experienced attorney on your side is the best way to protect yourself and receive fair compensation for your damages and injuries. Call (314) 361-4242 for a free case evaluation.

Injured in a Car Accident While Pregnant

March 27, 2017 By Christopher

Auto accidents are a leading cause of fetal deaths and serious maternal injuries, affecting nearly 93,000 women annually.

For pregnant women, being in a car accident is a scary thing to even think of. In addition to the injuries that they can sustain, their unborn child can also suffer a variety of injuries. Our St. Louis car accident lawyer explains that auto accidents are a leading cause of fetal deaths and serious maternal injuries, affecting nearly 93,000 women annually.

Expectant mothers who are involved in car accidents can face more serious damages and expenses compared to other injured people due to the increased cost of monitoring, and the need to treat the baby for any potential injuries. In this post, we will discuss some of the most common types of pregnancy injuries that can result from car accidents.

Miscarriage: This is probably the most tragic outcome of a car accident. The baby is well protected in its amniotic fluid, but when the stomach or uterus is punctured or the mother suffers a cardiac arrest, without breathing, a miscarriage can occur. Although miscarriages are rare in car accidents, it is still a possibility, so medical attention should be sought.

Birth defects: Premature birth or direct injuries to the fetus as a result of the car accident can cause birth defects. Premature or injured babies do not always develop serious disabilities, but the more serious the injuries or the earlier the baby is born, the higher the risk of injuries is.

Premature birth: Each year, 500,000 babies are born prematurely in the U.S. Premature birth is defined as the birth of an infant prior to 37 weeks of gestation. A car accident can put excessive stress on the mother’s body and cause premature birth.

High risk pregnancy: High risk pregnancies are the ones that involve complications with either the mother or the baby. They need careful and constant monitoring and observation. Some pregnancies are considered high risk because of some pre-existing medical conditions. A high risk pregnancy can develop after the pregnant women suffers health conditions due to a car crash.

Placental abruption: This is a serious condition in which the placenta completely or partially separates from the uterus before the baby is born. Placental abruption occurs in one in 150 pregnancies. Any abdominal trauma sustained by the mother in a car accident can increase the chances of placental abruption.

Fetal trauma: Almost 82 percent of the fetal deaths are a result of car accidents. Fetal trauma from a blow to the mother’s abdomen, lack of oxygen and some other injuries and infections can have long term and even life threatening consequences.

Coup and countercoup injury: When a moving object hits the head while stationary, a coup injury may occur. On the other hand, countercoup injuries occur when the moving head hits a stationary object. These injuries are quite common in car accidents. While the mother is more likely to suffer these injuries, the baby can also get injured. In this case, the injury is known as shaken baby syndrome.

Injured in a St. Louis car accident while pregnant?

Get in touch with a competent our St. Louis car wreck lawyers to get help with your claim. Call (314) 361-4242 for a free consultation.

Whiplash Injury and Rear-End Collisions

May 5, 2016 By Christopher

Whiplash is a common injury associated with rear-end collisions.

The National Safety Council reports that 20 percent of victims in rear-end car accidents suffer from whiplash. A whiplash victim can experience pain and soreness that lasts more than a year.

Women are more likely to suffer whiplash in a car accident because of differences in height, strength and the position of the head restraint. Children who are seated in the third row of minivans and SUVs are also at risk for whiplash injuries.

Symptoms of Whiplash

Whiplash is an injury to the neck caused by an abrupt back and forth jerking motion of the head. Whiplash causes injury to the soft tissues in the bone and spinal cord in the neck and back. The intervertebral joints, discs, ligaments, cervical muscles, and nerve roots may become damaged. Symptoms of whiplash include:

neck pain and stiffness
headaches
pain in the shoulder or between the shoulder blades
low back pain
pain or numbness in the arm and/or hand
dizziness
difficulty concentrating or remembering
irritability, sleep disturbances, or fatigue

Diagnosis of Whiplash

A victim of a rear-end collision may not seek medical attention because they feel no immediate pain after an accident. However, symptoms of whiplash injuries are often delayed. Standard X-rays are often used to diagnose soft tissue injuries. CT scans and MRIs may be used to diagnose disc, muscle, or ligament damage.

Treatment of Whiplash

Pain management is a big part of treatment for whiplash. A doctor may prescribe pain relief medication along with physical therapy, massage, heat, and ice. More extensive treatments such as traction, injections, and ultrasound may be required, depending on the severity of the injury. In the past, cervical collars were used to immobilize the neck. The current trend is to encourage early and gentle movement.

According to vehicle safety researchers, the proper position of head restraints and seat belts can protect most passengers from rear-end collision injuries. Head restraints in rear-end collisions are as important as seat belts in frontal collisions.

Help from a St. Louis Car Accident Attorney

The Hoffmann Law Firm, L.L.C. has been assisting whiplash victims for more than 15 years and we can help you obtain the compensation you need for medical expenses and other losses. We offer free consultations in all personal injury cases and you never pay attorney fees unless we recover compensation for you. Contact us at (314) 361-4242.