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Personal Injury Insurance Claims After a Car Accident

December 27, 2021

By Thomas McCutcheon

Q: I was in an automobile accident, and the insurance company tells me they will give me money only after I finish with the doctor, but they won’t pay for me to go to the doctor. What should I do? How much money will they give me now?

Sheffield, AL

A: It’s natural to look for answers after an injury. People ask every day how much their case is worth, what their rights are, and what happens next. I can give you an overview of how the process works but no lawyer should try to tell you what the value of your case is.

We have to prove three things in every car wreck case. 1. We have to prove that someone else was at fault. 2. We have to prove that because of their negligence, you were injured. 3. We have to prove the extent and nature of your injury.

The severity of the injury must be considered. Did or do you need surgery? Will there be scarring, or do you have permanent restrictions in your body’s ability to function? 

Other factors to consider are whether or not the other driver was under the influence of alcohol or whether the insurance company is going to argue that you were in some way at fault in causing the accident.

You must also consider which insurance company you are dealing with and whether or not the driver was in a company vehicle. Obviously, my law firm handles car wreck cases. Most often cases are resolved through negotiation, but it seems lately that more cases are filed with the court system and are resolved through mediation or trial. 

One thing is certain. The other party’s insurance company will not advance you money so that you can have the medical treatment that you need. You may have some medical payment insurance that was applicable to your car that is available to pay for your medical bills or you may have health insurance.

My advice to you is to get the medical help you need and to do what your doctors ask you to do. Be sure you tell them the truth and that includes how you were hurt, when you hurt, and how you hurt. It is important but not obvious that difficulties you have as a result of your injuries both at work and at home are noted in the medical records.

I know this is frustrating, but if we can help you, call us.

Buckle up, drive safely, and as always, your referrals are appreciated!


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