How Often Are Whiplash Claims Rejected?
Whiplash is a neck injury due to rear-end collisions where the neck is severely swayed back and forth. The US records more than 3 million whiplash injuries each year. After sustaining neck injuries caused by car accidents, many people file for insurance claims to get compensation for their medical bills and other relevant costs associated with the accident. The lawyers at Ellis Law Corporation have also provided additional information on how you can seek compensation for whiplash.
Problems Faced with Whiplash Claims
It is tough to diagnose a neck injury since its symptoms can vary from person to person. Some victims might experience lower back pain, jaw pain and dizziness while some may only show neck and shoulder pain. Insurance companies argue a whiplash claim for the following reasons:
Lack of treatment at the time of the injury: If you did not seek immediate medical attention considering your whiplash injury as minor, the insurance company could use this as a basis to argue that the injury was not caused by accident.
Injuries could have been mitigated: If the insurance company believes that you could have mitigated injuries caused by the crash by seeking immediate medical assistance and attending treatment sessions, they may use this as a basis to deny your claim.
Accident was avoidable: Insurance companies can deny claims based on the plaintiff being at fault in the accident. If the plaintiff was speeding, driving under the influence, or driving without following traffic rules, the insurance company can make the policy invalid and refuse to provide any compensation.
Policy exclusions: Many insurance companies include clauses in their policies to exclude whiplash claims, which they can use to deny you the necessary remuneration.
Pre-existing conditions: It is difficult to prove what injuries existed before the accident and what was caused by accident. If you have any pre-existing medical conditions, and a neck injury made it severe, the insurance company can argue that your whiplash injury was a result of your former medical condition, thereby rejecting your claim.
Why do Whiplash Claims get Rejected?
Insurance companies get whiplash claims every day, but keeping their own interests in mind, they find shrewd ways to avoid paying it. If you file an incorrect or incomplete claim, your claim can be rejected. Insurance companies also appoint their own medical experts to review your case who have the insurance company’s best interests in their mind.
Whiplash claims are controversial in nature as they lack accurate symptoms. A neck injury is hard to diagnose, and whiplash claims have a bad reputation of being faked or falsely exaggerated. Whiplash injuries are on the soft tissues of the neck, such as ligaments or muscles that go undetected by X-rays or MRI scans. This makes it difficult to prove, and that is why whiplash claims get rejected most often. Furthermore, whiplash symptoms can vary depending on the person, age, the severity of the injury, pre-existing conditions, and several other factors. This makes it easy for insurance companies to find out loopholes to avoid paying for such claims.
How can a Good Car Accident Lawyer help you?
A good personal injury lawyer has the expertise to skillfully negotiate and make sure your case is reviewed accurately and compensated. A knowledgeable car accident attorney will help you find loopholes that insurance companies adopt to reject your claim. It is crucial to appoint an attorney if you or your loved one have experienced a whiplash injury since an experienced lawyer will safeguard your legal rights and strive to get your well-deserved compensation.