A dispute in an insurance claim is not uncommon, and many are able to work out the issues with the insurer. An attorney can be instrumental for seriously injured patients with large claims who are having trouble arriving at a fair settlement. The attorney can talk to the insurance company and handle negotiations. Of course, in some cases, the case may go to court.
Ohio Car Accident Claim Disputes Over Fault
Many car accident claim disputes wind up in court because the insurance companies prefer to pay as little money as possible to the claimant. They may argue over liability for the accident, as the claimant may argue that the insurance company’s client is to blame, while the insurer may try to place blame – or partial blame – on the claimant.
Insufficient evidence of fault might also be a contributing factor to an Ohio car accident claim dispute that might necessitate taking it to court. Failure to produce a police report or witness statements may lead an insurer to question the claimant’s account of the accident, and may also make a lawsuit difficult.
When an auto accident claims case goes to court, the party who initiated the lawsuit has responsibility for proving that the other party is at fault. Insufficient evidence can hold up a settlement and may make a lawsuit difficult to win as well.
Preexisting Injury or Underlying Condition
Some car accident claim disputes arise because the insurer blames current injuries on preexisting injuries or an underlying condition. For example, someone may undergo treatment for a shoulder injury before the car accident. The auto accident may then further damage the shoulder. The insurer may argue that the injury is a preexisting one.
The claimant may take the case to court and present evidence that the accident worsened the existing injury, or even that the current injury is unrelated to the preexisting one. This requires medical evidence to prove the case.
Disputes Over Whether Accident and Injury are Causally Related
Insurance companies will dispute an auto accident victim's injuries based on an inability to prove they are causally related to the accident. The insurer may argue there is no evidence that the accident actually caused the injury. This is similar to the argument that an injury is a preexisting one, and the claimant must present valid evidence to link the injury to the accident.
Disputes Involving Medical Necessity of Treatment
Insurance companies cover treatments that are medically necessary to treat an injury or medical conditions. A doctor may have to testify that a particular is medically necessary to treat the patient’s injuries. Some disputes involve cosmetic procedures that the patient argues is necessary to correct deformities the accident caused.
An Attorney Can Assist with Car Accident Claim Disputes
All of the above-mentioned issues could lead to a claim dispute that ultimately requires taking the case to court to resolve the case. Your attorney can not only help you negotiate the insurance claim with the insurer, but can also take the case to court if necessary.
If you were seriously injured in an automobile accident, speak with a Cleveland personal injury attorney at Ryan, LLP. Call our offices today to set up a free consultation: 877-864-9495 or use our online contact form.