1. A big insurance company deception is their absurd argument that since you didn’t have surgery right after it was recommended or even discussed by a doctor, that your injury could not possibly be as bad as you are claiming.
This is a statement that has zero reflection of reality.
First, nobody WANTS to have surgery (especially to body parts often injured in incidents, like your SPINE). There are significant risks to undergoing such serious surgical procedures.
Surgery truly is a last resort.
Instead its more common to try intensive physical therapy and other types of treatment, and when those don’t work then its time for the surgery.
This does not mean that you won’t have surgery in the future when the therapy is not working. In fact, your decision to wait for surgery and go through months of physical therapy first, only shows the serious magnitude of your injuries.
So again, when you hear this deception from an insurance company do not be discouraged by it!
Call a lawyer who you trust and is not afraid to stand up to the insurance companies.
Follow through with your claim.
2. This Insurance Company deception is one for those who have actually caused the accident (not the victim of the incident).
Even though these people are the DEFENDANT in an injury lawsuit (and we represent the PLAINTIFF, who was the victim) it is still very important for EVERYONE to be aware of.
When people are served with a lawsuit they typically turn it over to their insurance carrier and forget about. They hope the insurance company will settle the case and that will be the end of it.
The problem is that we are fools to think the Insurance Companies are looking after OUR interest and not THEIR OWN interest. They love their money and they want to keep it.
So when lawyers like myself try to negotiate a FAIR settlement on injury cases, they will more often than not low-ball us and fail to settle the claim.
The problem with this is when a plaintiff obtains a verdict that is MORE than the limits on your insurance policy, YOU will have to pay that excess amount, NOT the insurance carrier.
We call this BAD FAITH – where the insurance company puts their interests ahead of their insured. And its more the rule than the exception, sadly.
So if you are ever sued, you need to keep communication with your carrier ongoing and ask them if they received any settlement demands or made any offers to try to resolve the case for a fair amount. You DO NOT want to be on the hook for an excess verdict amount!
3. This is probably the most common deception insurance companies will say.
In a car accident case, they will tell you that because there was a low impact or there is little to no physical damage to the car, that the accident could not have caused your injuries.
Well, without even getting into how strong cars are built these days – here is why this is a total deception. With most injuries other than badly fractures bones or dislocations – you do not see or feel them immediately. And that is because its not the actual impact that causes these injuries – where you would only see them with major car damage – no, its the unexpected and violent movement of your body that causes them – and the common one to think of is whiplash. Think about when you’ve been a passenger and the driver stops short to avoid hitting car that cut him off – even without any contact whatsoever and at a slow speed you will still feel that noticeable jerk. Its also like being shoved in the back unexpectedly, even when you were a kid you still felt that jerk in your next. That is what caused your herniated disc and the nerve damage you’re feeling and its entirely related to your accident, making your claim totally valid – as you knew.
So again, do not buy the insurance companies deceptions and press on.
4.They will say that because you didn’t go to ER or even a doctor right away right after the incident that it didn’t cause your injuries.
Now of course if your finger is coming off you will go to the ER right away. But for the most common injuries like herniations or tears – they are not immediately excruciating. You may not feel them for a day or two later, and if even you did the vast majority of people will try to see if it will go away naturally not having undergone an MRI yet to diagnose it. Nobody wants to go through the medical visit process if they don’t have to. Most injuries take time for the pain to surface and when they do – and you go to the ER or a doctor – you have done everything you should have done and of course have a totally valid claim.
5. A huge insurance company deception they tell even the most injured people. They will say that since you didn’t have surgery right after it was recommended or even discussed by a doctor, that your injury could not possibly be as bad as you are claiming.
Let me ask – who out there WANTS to have surgery to their spine or to their knee? We’ve all heard the phrase – surgery is minor unless its yours. That’s because when you hear about the risks of even a routine surgery (like paralysis or bleeding) and the less than 100% likelihood of its success, and you couple those that all the horror stories we’ve all heard about surgeries gone bad, it almost sounds crazy to do it.
Surgery truly is a last resort unless its an absolute emergency situation. Instead, what most people do is try to put off surgery, go forward with intensive physical therapy and other types of treatment, and when those don’t work, ok its time for surgery.
Contrary to what the insurance company will tell you, choosing this path of course does not mean that you won’t have surgery in the future when the therapy is not getting you enough relief from that debilitating pain. In fact, your decision to wait for surgery and go through months of physical therapy first, only shows the serious magnitude of your injuries.
So again, when you hear this deception from an insurance company do not be discouraged by it. Press on. Call a lawyer who understands this and is not afraid to stand up to the insurance companies and follow through with your claim
