Do Whiplash Claims Get Rejected?
Many people file claims with their insurance after car accidents to get help paying for medical bills and other costs associated with car accident injuries, like whiplash. However, this doesn’t always work out as whiplash claims can get rejected.
There is hope, however, if your whiplash claim is rejected. Ellis Injury Law car accident lawyers can help you get the compensation you deserve for your injuries.
Table of Contents
Why do whiplash claims get rejected?
There are many reasons why a whiplash claim could be rejected, but the most common is their lack of diagnostic proof and the nature of their symptoms.
Whiplash injuries are injuries to the soft tissues of the neck, like the muscles and ligaments. Most diagnostical scans, like x-rays and MRIs, do not show soft tissue injuries. Unlike a broken bone, which is clearly provable and diagnosable on an x-ray, whiplash is not only hard to diagnose but also hard to prove.
Whiplash is also hard to diagnose and prove because its symptoms can vary greatly from person to person depending on the severity of the injury, pre-existing conditions, age, and a whole host of other factors. For example, one whiplash victim might only have neck, shoulder and head pain while another victim might also experience lower back pain, dizziness, and jaw pain.
Because they are difficult to prove, whiplash injuries can be quite controversial. They have a false reputation for being faked or exaggerated, making it easy for insurance companies to deny whiplash claims.
Other reasons why whiplash claim could be denied
Whiplash claims can also be rejected for other reasons such as:
- The accident was avoidable – The insurance company might argue that you could have avoided the accident that caused your whiplash injury or that you might have done something to contribute to the accident. This is especially common if the insurer has reason to believe you did something to render the policy invalid, like drive drunk, speed, or letting an unlicensed driver drive your car.
- The injury could have been mitigated – You might have your claim rejected if the insurance company believes you could have done more to mitigate your injuries, such as seek treatment sooner after the accident or attend all follow-up appointments and treatment sessions.
- There was no treatment at the time of injury – The insurance company might have grounds to reject your claim if you don’t get treatment right away after your car accident. They might argue that since you didn’t seek treatment right away your whiplash injury isn’t that bad, or your injury wasn’t even because of the accident.
- Policy exclusions – Many insurance policies have fine print clauses that make it easier for the company to deny claims because of technicalities.
- Lapse of coverage or coverage expiration – Always renew your insurance on time as a lapse in coverage or a policy expiration is an easy way for an insurance company to deny your whiplash claim.
- Incorrect or incomplete claim – The insurance company can also reject your whiplash claim if you submit incorrect or incomplete information, whether on purpose or by accident. Even the simplest of mistakes can cause a claim to be denied.
- Pre-existing conditions – Some insurers may argue that your whiplash injury was worsened or even caused by a pre-existing condition rather than a car accident. You might still be able to get some compensation if you can prove your condition was worsened by the accident, but it can be very tough to prove what injury was because of the accident and what wasn’t.
Avoid problems with whiplash claims
If you’ve sustained a whiplash injury in a car accident and need to make a whiplash claim, what can you do? How can you make sure your claim isn’t rejected?
With whiplash claims, the two most important steps you can take are retaining a car accident lawyer and making sure the evidence supports your injury claim. Get treatment right away after the accident and hold onto all medical records of all doctors’ visits, treatments, and payments. Most importantly, hire a lawyer as soon as you can. A car accident lawyer can help fight for your rights in the face of a greedy insurance company or negligent personal injury case defendant.
What to do if your claim is denied
Your whiplash claim can be rejected legitimately or not. Either way, you shouldn’t take the insurance company’s word for it. Always hire an attorney to make sure your rights are upheld and to help you get the compensation you deserve.
The car accident attorneys at Ellis Injury Law have the tenacity and expertise to make sure that your claim is investigated properly. Contact us today to schedule a free consultation.