A Trap To Avoid When Making An Insurance Claim For A Rear End Collision

Insurance companies have been using this trap for more than 50 years. Yet some accident victims still get snagged in the insurer’s trap.

The conflicting demands on an accident victim:

Someone that has been injured in a motor vehicle accident should file a claim as soon as possible. On the other hand, victims are encouraged to contact a Personal Injury Lawyer in Stouffville before filing any claim.

How can an accident victim recognize the trap?

The trap takes the form of a request from the insurance company. The insurer may request a written or oral statement from the man or woman that has filed a personal injury claim.

If the insurance company gets a written or oral statement from the victim/claimant, then it can look for any tiny discrepancy. An insurer can draw attention to any small discrepancy and accuse the claimant of being evasive or unreliable.

Actions taken by accident victims that manage to avoid such a trap:

Those victims hire a personal injury attorney. The attorney can file a claim for them. The attorney appreciates the need to wait hold-off on filing such a claim until all the parties that got injured in one specific accident have reached the point of maximum medical improvement (MMI).

After the claim has been filed, the hired lawyer can write a demand letter and send it to the insurance company for the responsible driver. The demand letter should give all the costs placed on the shoulders of the injured victim, along with the size of the requested compensation.

Suppose that one victim has not reached the point of MMI by the end of the 2-year limitation period?

Then it becomes the lawyer’s job to file the claim and to convince the insurance company that it needs to agree to granting an extension of the usual 2-year limitation period. If the person not at a point of MMI happens to be a child, then the legal system automatically allows for such an extension.

Ideally, the child’s injury heals soon after that 2-year mark, and the lawyer notifies the insurance company of that fact. Then negotiations can proceed, so that the victims can obtain their just compensation.

If the injury does not get corrected until after the child turns 18, then the lawyer can work closely with the young adult. That team should be able to gather together all the medical reports and present their case, so that the victims finally get compensated for their damages.