Injured? Insurance company treating you unfairly?
1. “Your injuries are due to a ‘pre-existing’ condition”
You might have seen a doctor in the past. The adjuster may likely say that they won’t accept the damages because you pain is due to an old condition or injury.
What the adjuster likely won’t tell you: PA law allows you to recover damages if the accident aggravated or worsened a previous condition.
2. You had a “gap in treatment”
This is an argument often used by the insurance adjusters. If you had a few months or more between doctor visits or with no treatment, they may argue your case is worth less or that they can’t give you credit for any pain and suffering after the gap. First, to prevent this, you should follow your doctors’ instructions and not skip appointments if possible. (This will help you to increase your odds of getting better medically and will help to eliminate the adjuster’s excuses) But, if you do have a gap without seeing your doctor, you need other methods of proof. As experienced personal injury lawyers, we work to obtain witness statements, photos, and other types of evidence to help prove your case and fight the adjuster’s excuses to underpay your case.
3. You “over-treated” or had too much treatment
This is just a way of trying to claim you are exaggerating. First, make sure you follow your doctor’s instructions and ask your doctor questions about your medical treatment– that should help prevent this type of argument. But, if the adjuster does make this type of argument, there are ways to fight their argument and show they are wrong. With over 65 years of combined experience, our lawyers work with you after your accident to make sure you follow doctors’ instructions. If needed, we obtain qualified expert reports, witness statements, photos, and other important evidence to help prove your case.
4. It was only a “light impact” or “minimal impact” car accident.
The adjuster may try to tell you they can’t pay much for your claim or that you couldn’t have been seriously injured, because there was not a lot of property damage to your car. This is an argument our injury attorneys have handled many times. Our experience concentrating in car accident cases in the Royersford area, as well as near Phoenixville, Collegeville, Gilbertsville and Limerick, we have successfully fought this argument many times. For example, we recently worked on a case where our client was rear-ended in stop and go traffic at Route 100 near Pottstown. The insurance company pointed to the lack of much damage to our client’s car. We obtained photos of the striking at-fault car, spoke with people who had known our client before the car accident, and also talked to her treating doctor. These sources of evidence put together helped disprove the adjuster’s excuses.
5. “It was your own fault”
This is also called “comparative negligence”. Basically, the adjuster here is trying to blame you for the injury. It is important to identify and save (or photograph) relevant evidence. Also, if there is any question as to whose fault it is, eyewitnesses must be identified and contacted as soon as possible. In handling many hundreds of cases for clients like you, we have dealt with the insurance company’s arguments, know how to work for you to best prove your case. See what clients have said about us.
6. It’s only a “soft-tissue” case or there are no “objective findings”
This is the adjuster’s way of saying that if there are no broken bones or results that show up on an Xray or MRI test, you can’t have a serious or real injury. It is important to make sure you see well-qualified doctors. Also, we understand that you can suffer with pain and have limitations on your daily life even if you didn’t break any bones or have a positive Xray or MRI test. We work to put together a complete and true picture of how this has affected your life. We have successfully handled these types of cases, including “limited tort” cases, that other law firms don’t want to take. When you need help, we want to be there for you, even if it may be a ‘tough case’. We understand that with an honest person who has a real injury, we can work to help you fully recover. Ask about our proven track record.