Counsel That You Can Trust & Depend On


Guy DiMartino
Oct. 31, 2014

Northwest Indiana lawyer explains the great lengths that insurance companies will go to limit a car accident victim's settlement.

Every day we see automobile insurance companies' tactics in trying to reduce the amount of compensation a car accident victim will receive. First, the adjuster will always insinuate that their driver didn't cause the Northwest Indiana car accident. If the facts, physical evidence, and police report solidly show that the insurance company's driver is clearly at fault for the car accident, the adjuster will resort to the following defenses in an attempt to reduce the value of your claim.

Your problem is a pre-existing condition: This is the most common technique in back and neck injury cases because after the age of 25 all people start to show some degeneration in their necks and backs. The insurance company will comb the injured person's past medical records in an attempt to locate a time when the patient complained of a prior neck or back pain.

You had gaps in treatment: If you quit going to the doctor for a period of weeks or months because you were frustrated with progress or for some other reason. The insurance company will take the position that you were either well or the gap in treatment made the condition worse.

Criticize medical treatment: If you do not receive a lot of treatment, the insurance adjuster will argue that you weren't really hurt. If you receive a lot of treatment, the insurance adjuster will argue that you over treated and exaggerating your condition.

Interpretation of medical tests: The insurance adjuster will look for tests that are reported as normal or send MRIs to one of their own doctors who will interpret the test as normal. You see, there is some subjectivity between radiologists who review x-rays and MRIs. One doctor may call a problem with a disc a “bulge” while another doctor may call it a “herniation”. To the doctor, it really doesn't make a difference because h/she is treating the patient. However, to the insurance company, the term “bulge” is treated much differently than “herniation.”

Auto accident law in Indiana is complex. Now that you have this information, try to control the potential issues that are in your control like missing doctors' appointments, gaps in treatment, or not following your doctor's advice. If you do these things, it will reduce the amount of compensation that you will receive for your Northwest Indiana car accident claim. Part of a Northwest Indiana personal injury lawyers job is to provide you counsel so you do not make simple mistakes with your claim that will feed into the insurance adjuster's defenses. If you have any questions about a Northwest Indiana automobile accident claim, call our office at (219) 874-4878.