Getting the Most out of your Insurance Policy after an AccidentPosted on:4/12/2015
Written By: Anne Rider
|If you or a loved one has been severely injured or permanently disabled as a result of their accident, your award should be substantially more than a minor injury claim and should be enough to pay for lifelong medical and social service care and – if needed – accessibility adaptions to the home. To get the level of compensation you or your family member deserves, you should seek legal advice from an attorney.|
Getting the Most out of your
Insurance Policy after an Accident
you’ve been involved in a car accident and you have sustained injuries, you may
need time off work to recuperate and medical treatment. While you
understandably want to focus on your recovery, if the accident was caused by
someone else’s negligence and you
want compensation for loss of working hours, pain and distress or
medical expenses, you will first need to deal with your insurance company.
Unfortunately even in accidents where it clearly isn’t your fault you will have
to prove that this is the case.
Establishing Fault in Vehicle Accidents
your insurance company will agree to a pay-out they will want to know all the
details of the accident to determine whether or not they think you are at
fault. It is in their interests from a financial standpoint to disprove any
claims you make so that they can avoid paying you and increase their profit
margin. Law varies between states so there are different criteria that companies follow to establish fault and
in some states even if a tiny percentage of the fault rested with you, this
will be enough to disqualify your claim.
Pre-Existing Conditions and Injuries
you have a pre-existing injury, illness or disability you may find
it harder to obtain compensation as some insurance companies will use your
prior medical history as evidence that you were not currently injured in your
car accident. Previous car accidents could potentially be used as evidence for
dangerous driving and establish you as the at fault party in the current
accident. That is why it is important to obtain detailed medical reports and
police reports of the accident so the chronology of events is clear and a
medical professional can verify that your injuries are new.
your records show that your accident was caused by someone else and you have
sustained your injuries as a result of that accident, your insurance company
will then have to provide compensation. However, another way they can increase
their profits is to offer you a payment that is less than what can be typically
be awarded in a similar personal injury case. If you require ongoing medical
treatment or an extended period of time off work (and therefore a greater loss
of wages) you will need a compensation pay-out that reflects that. Your
remuneration should be sufficient to cover your related medical bills and help
you meet your household bills while you are off work.
you or a loved one has been severely injured or permanently disabled as a
result of their accident, your award should be substantially more than a minor
injury claim and should be enough to pay for lifelong medical and social
service care and – if needed – accessibility adaptions to the home. To get the
level of compensation you or your family member deserves, you should seek legal
advice from an attorney.
Navigating the Paperwork
you accept a one off payment that doesn’t include ongoing care, your insurance
company is not obligated to provide any further payments so if you suffer late
effects of your injury (an illness or disability that came about as a result of
your original injury) you will not be given any funds to cover your expenses so
don’t accept an offer without first discussing it with an attorney. You
shouldn’t sign any paperwork without obtaining legal advice or accept a payment
before you are aware of what your total expenses will be as your expenses may
exceed your award. Hiring an attorney to navigate through the paperwork for you
will make the process a lot easier so you can concentrate on your
rehabilitation without the added stress of trying to complete a claim. It will
also mean that you are more likely to get a fair payment.
Health Insurance Benefits
injury claims aside, your health insurance policy should now pay your emergency
medical bills even if you have travelled outside of your health plan’s network
so if you’re injured outside your state, you can seek help at any ER without
worrying that you will be refused. For new policies, there is also no limit on
the number of times you can claim over your lifetime so if you have a long-term
injury or disability, you won’t be penalized. Children under 19 who are listed
on your plan cannot be excluded because of a pre-existing condition.
you are visiting the US from abroad, it pays to have the right insurance. You
should take out a travel insurance policy that covers pre-existing conditions
so that if the unthinkable happens while you are away, you’ve got it covered.
assistance finding a lawyer or information about personal injury claims,
contact The National Association of Personal Injury Lawyers today.