After a car crash on I-465, you find yourself feeling unscathed. The lack of bruises and open cuts makes you believe that you are fine, so you decide to go home after talking to the other driver. Unfortunately, this can be a costly mistake. In personal injury claims, waiting weeks to see a doctor creates what insurance adjusters call a “gap in treatment.”
The insurance trap you should avoid
Days after the accident, you decide to visit the doctor because you have started feeling pain. They tell you that you have a serious injury. You may think that just because you have insurance coverage, it will cover your medical expenses.
However, if an adjuster sees a delay between your accident and medical evaluation, they will use it as leverage. Adjusters routinely argue that if you were truly injured, you would have sought immediate care. They may claim a pre-existing condition caused your injury, or perhaps a completely unrelated incident that happened after your crash.
What you must immediately do after an accident
To avoid a denied claim, here are steps you can take:
- Visit a nearby hospital for immediate medical care.
- Share what you felt during the collision to give your treating physician more context on your injury.
- Seek copies of your medical records, including laboratory tests, doctor’s notes and hospital billings.
In Indiana, the courts hold injured victims to take reasonable steps to minimize the financial and physical harm caused by the accident. If an insurer successfully argues that your delay aggravated your injuries, a judge can reduce your compensation under the modified comparative fault rule.
Protect your health and rights with legal help
Navigating insurance tactics while trying to heal is exhausting. Seeking legal counsel from an experienced personal injury attorney is wise. They can review your case and provide insights on the options available to you.
