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Car accidents can be caused by a number of things. Violations of traffic laws, a momentary lapse in attention, checking the mirror, looking at a passing car or person walking.

So now you are injured, in an accident caused by someone else. You’ll receive treatment, file a claim, and you will be compensated fully when this is all over, right?

Unfortunately it’s not always so easy. The insurance companies have an incentive to reduce your compensation as much as possible. So they will try and use every argument in the book to argue you should be paid less than what you are asking for. This multi-billion dollar insurance industry is built upon delaying, minimizing or denying payments to victims of their insureds’ negligence or wrongful acts.

So these are some of the arguments they will try to use

You are not seriously injured, because you took so long to go see the doctor. According to insurance adjusters, all injuries must be felt immediately after the accident and all victims must go see a doctor as soon as possible. But this isn’t true. Some injuries don’t cause significant pain until days or even a couple weeks later. Sometimes, victims don’t go see a doctor right away for any number of reasons. Hey, you still have a life to live.

Insurance adjusters will seize on any delay in seeking medical treatment. So while it is helpful to go seek treatment right away, there is nothing wrong with your case if you saw a doctor only days or a couple weeks later.

Nobody could have been injured in such a minor accident. Insurance adjusters will never admit that minor accidents can cause any type of injury. If the collision caused less than a $1,000 in property damage to each vehicle, you can bet that the insurance company will take the position that there is no way you were injured, and deny your claim. They will even say that the forces exerted are less than what our bodies go through every day. In the above example they are medical experts. In this situation all of a sudden they have become biomechanical experts. It’s amazing.

You are partially or completely at fault. It is common for drivers who cause accidents to blame the other person. It’s naturally. Nobody wants to admit fault, it’s just human behavior. Sometimes the insurance company has nothing to go on except their insured’s statement. So they’ll accept their version of the story and begin an investigation. Witness statements, damage to the vehicles and other evidence will help determine who’s at fault.

You received too much medical treatment. Yes, the insurance adjuster is a medical expert again. Based on their experience with previous cases, and training, insurance adjusters will determine, on their own, how much medical treatment you “should” have received based on the facts of the accident.

If you receive more than this, they’ll “reduce” the amount they will accept as reasonable and necessary. Of course they have received little to no medical training, but they’ll argue it anyway.

These are just a few of the arguments insurance companies will use to argue you should receive less than you deserve or are asking for. You must be prepared to counter these arguments, and thus preserve the value of your case.

Law Office of Joseph Dang

7220 Trade St., #220
San Diego, CA 92121
Phone: 888-320-2058