Do you know what a red herring is? It is a point made during an argument that is meant to distract from the issue at hand. Although it sounds like a legitimate point that backs up a person's side of the argument, it actually has no bearing at all on the main topic. Although you may never have heard of red herrings, insurance companies are experts in using them to prevent paying car accident victims the personal injury awards they deserve. Here are some red herring excuses used by insurance companies to intimidate victims into accepting settlements far below what they need--or into dropping their cases altogether.
You didn't complain of pain at the accident scene
This seems a valid reason to deny your claim, right? However, the fact is that your body, under stress, releases large amounts of adrenaline into your bloodstream. Adrenaline primes your body to "fight" or "flight" the stressful situation, and keeps pain at bay so you can do so. That is why so often it is only hours after an accident, when you finally let down your guard, that you realize you have been hurt. Whether or not you feel pain at the crash site has no bearing on the genuineness of your injuries.
Your car had mechanical problems
On the surface, this also seems to be a logical reason to deny payment for a personal injury claim. After all, if your car had been in proper working order, perhaps the accident would not have occurred; that sounds valid. However, the fact is that if the other driver's actions caused the crash, it is the other driver's fault. Period.
You have been in prior accidents
Bringing up the fact that you have been in accidents before suggests that you file lawsuits manipulatively, or that you are a poor driver who must have had some responsibility for this accident. However, being either the victim or the at-fault party in previous accidents has no bearing on your eligibility for a personal injury award in the crash at hand.
You reacted too slowly/stopped too quickly
Here's the insurance companies' way of playing a double-headed coin. They will say that you either were too slow to react to the chain of events that caused the accident or, conversely, that you stopped too quickly and were part of the problem.
You weren't wearing a seatbelt
Because most states require that all occupants of a vehicle wear seat belts, this assertion by an insurance company sounds like it carries a lot of clout. However, in many states you can still collect personal injury damages if the other driver was at fault, even if you weren't complying with the seat belt law. Only a personal injury attorney can tell you if your case still qualifies for a settlement under these circumstances.
You were the only one injured
The number of people wounded in the accident has nothing to do with whether or not you are eligible to collect a personal injury award.
You were using your cell phone
This excuse for not paying a claim may have the air of legal validation, but surprisingly, it isn't. Even in states where talking or texting while driving is illegal, if the other driver caused the accident you may still be entitled to personal injury damages. You may receive a ticket for your infraction, but it does not disqualify you from your lawsuit.
Insurance companies make money by retaining the premium payments made by their policyholders. Therefore, they creatively conjure up seemingly authoritative statements to intimidate victims into dropping their claims. Don't let their red herrings convince you that you don't have the right to compensation. Make an appointment for a free consultation with a personal injury attorney today. Click here to get more information.
