When an auto accident occurs, the victim of a negligent driver must deal with the aftereffects of the crash. Some of these aftereffects include vehicle damages, severe injuries that need medical care, and in some cases, victims can be left totally disabled and not able to work. When this occurs, you should start by filing a claim with the insurer of the other driver. However, it is not easy to have the insurer approve the claim and therefore you will need the help of an Accident Injury Attorney in Gulfport MS. The insurance companies will always look for ways to avoid paying for damages after the accident and will try to deny an insurance claim with the following 3 excuses:
Denying fault
The insurance company is required to pay if their insured is responsible for the accident. To ensure that they don’t pay, they will:
1. Deny that their insured was at fault
2. Claim that even the other party was also liable and using comparative laws they will either deny a claim in whole or in part.
In most states, comparative negligence laws allow the injured party to recover damages only if they are less than 50 percent at fault for their accident.
Denying causation
An insurance company may claim that the injuries were present before the accident occurred, especially if the accident was a rear-end one. In this kind of an accident, the victim may develop a condition known as whiplash (severe soft-tissue damage to the lower back and neck). If, say, the patient had received treatment to these areas before the accident, then the insurance company may use that to their advantage and try to prove that the pain associated with the injury is due to a pre-existing condition.
Denying the true extent of the injuries
Should the insurance company fail to reasonably deny the occurrence of damages or injuries, then they will often try to minimize the injuries that did occur. If the claimant’s doctor states that for sure an injury occurred and the insurance company’s determines otherwise, the claim will often be denied.
For a competent legal representation from an Accident Injury Attorney in Gulfport MS, look no further than Davis & Davis PLLC, a personal injury law firm in Mississippi and has certified attorneys.
