In a perfect world, an insurance provider would compensate your injuries if the policyholder is clearly at fault for the accident. Unfortunately, insurance providers will often use whatever tactics are at their disposal to deny a claim. There are several tactics in particular that the insurance provider might use.
Denial of Liability
One common approach is to deny liability for the accident, even if there are clear signs that their client was at fault. This can be done by claiming that you were responsible for the crash. For example, they might argue that you were not following traffic laws during the collision. If they can convince a jury that you were entirely at fault, you may lose your case and will not receive compensation.
You need to seek legal counsel from an experienced attorney who understands how these companies operate. With proper representation, you can secure a fair court ruling that holds the insurer accountable for their tactics and ensures they are liable for the damages caused by their client's actions.
Claiming That You Have a Pre-existing Condition
In some cases, they might hire expert witnesses such as accident reconstructionists or medical experts to testify on their behalf to refute your claims. One goal of a medical expert is to claim that you have a pre-existing condition. This will be used to argue that the injuries were not caused by the accident.
While their statements might sound persuasive to a jury, they can be disputed by a skilled auto accident attorney who will have their own team of experts. Even if you had a pre-existing condition, but your condition worsened as a result of the accident, you may be eligible for financial compensation for your injuries under the eggshell doctrine.
How to Counter This Claim
To counter this tactic, you should seek medical attention immediately after the accident and follow your doctor's recommendations. You should also disclose any pre-existing conditions to your doctor and your lawyer so that they can explain how the accident aggravated or worsened your situation. You should also keep a detailed record of your symptoms and treatment before and after the accident.
If you can counter the claims made by the insurance provider, and the judge rules that they should have accepted your claim, you may not only be entitled to compensation for your damages but additional compensation for the fact that the insurance provider did not behave appropriately.
For more information, contact a local car accident injury lawyer.