An individual should certainly notify their own insurance company about an auto accident, but their attorney can notify the other driver’s insurance company. If done properly, an accident report will list the name of the driver’s insurance company, and the injured driver’s attorney will send a letter of representation to that insurance company. It is important to remember that the at-fault driver’s insurance company will not be on the injured party’s side; their job is to pay the injured party as little as possible, and they will use anything they can to support their driver and challenge the injured driver. Due to this reality, it is best for an injured party to limit their interactions with the at-fault driver’s insurance company.
What Defenses Do Insurance Companies Use To Avoid Paying Out On Personal Injury Claims?
Insurance companies will use the concept of threshold injuries against an injured party by arguing that their injury is not serious enough to warrant a claim. Injury thresholds can be set pretty high, to include death, dismemberment, or broken bones. It is important that an injured party has a doctor, chiropractor, or physical therapist document their injuries and level of pain over time. For example, if an injured party is not able to walk normally, is unable to sleep well, or is just suffering from pain, then that should be documented by their treatment provider and added to their medical record. Having this type of documentation in a medical record will be of great help when it comes to defending against a threshold motion put forth by an insurance company that is trying to avoid compensating an injured party. Insurance companies will also try to get injured parties to make incriminating statements, such as “I wasn’t paying attention,” or “I just didn’t see the other driver coming.” Regardless of the circumstances of an accident, the at-fault party’s insurance company will use every statement they can against the injured party.
How Long Is Too Long To Wait To Seek Medical Treatment For An Auto Accident Related Injury?
Due to the high level of adrenaline that most people will have soon after experiencing an auto accident, sensations of pain or realizations of injuries may not come until a day or two after the accident. In the days following an accident, many people’s pain will intensify and they will realize they were truly injured by the accident. Despite this, some people will try to deal with it on their own rather than seek treatment from a doctor. When people choose to delay in seeking treatment, they may still have a case, but it will be harder to prove. This is because the delay in treatment will provide the insurance company with ammunition to suggest that the individual was injured from something other than the accident in question, or that the injury existed prior to the accident in question. There are many reasons why a person may delay in seeking treatment – perhaps they don’t know how exactly they’ve been injured, or what type of doctor to see – and this will not preclude them from having a viable claim. Delays, as well as gaps in treatment, will simply need to be sufficiently explained and accounted for.
For more information on Notifying Insurance About An Auto Accident, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.
