What Are Some Of The Common Defenses That Insurance Companies Use To Avoid Paying Out On Personal Injury Claims In Virginia?

Insurance companies use several defenses to avoid paying out on personal injury claims in Virginia, such as claiming that the accident didn’t happen, that the injured party is not actually injured, and/or that the injured party is overstating their injury. In addition, insurance companies often try to argue that the amount of medical bills can’t be justified, and will claim responsibility only for what they consider to be reasonable medical bills.

Some insurance companies reduce medical bills on the basis of insurance payments, which is not legal in Virginia. Under the collateral source rule in Virginia, an individual is entitled to be reimbursed for the full amount of the bill. For example, if Dr. Jones is charging $100, then under Virginia law, the injured party is entitled to be reimbursed for $100. This is true even if the injured party’s own insurance company paid the $100 bill.

It would be illegal for the at-fault party’s insurance company to only reimburse half of the medical bill on the basis that the injured party’s own health insurance company only paid for half of the medical bill. Despite this, some auto insurance companies take the position that they only have to cover what the health insurance company covered. At-fault insurance companies will do whatever they can to reduce the amount they pay to cover the injured party’s medical bills.

How Is The Worth Of A Personal Injury Claim Determined In Virginia?

The worth of a personal injury claim in Virginia is based on the amount of medical bills, the pain and suffering of the injured party, the inconvenience suffered by the injured party, and whether or not the injury is permanent. A permanent injury is worth a lot more than one that resolves, which is the case with many soft tissue injuries.

The value of a claim can also be increased if there are punitive damages. For example, if the at-fault driver was drunk, then by law, punitive damages would be applied and the value of the case would increase as a result. On July 1, 2020, texting while driving was made illegal in Virginia, so that would be a factor too. Ultimately, there’s no hard-and-fast formula for determining the value of a personal injury claim.

How Will Long-Term Care Be Calculated In A Serious Personal Injury Case If We Don’t Know For Certain What Long-Term Care Will Entail?

Prior to settling a case with the insurance company, it is important to know the type and amount of future damages. Since the extent of the injury and the type and/or amount of future care isn’t always known at the start of a case (it could take years to determine this), it is important to file a suit as soon as possible so that the statute of limitations does not run out. The treating providers should be able to provide an estimate of future medical expenses. For example, if the treating provider knows that the injured party will need surgery in one year, we can determine how much that surgery will cost and include that amount in the demand to the insurance company. In this regard, the opinion of the medical professional is very important in an injury case.

As The Attorney, How Do You Know When To Advise Your Clients To Settle A Car Accident Personal Injury Case?

When the injured party reaches maximum recovery, meaning that the medical providers say that no additional treatment or procedure will improve the patient’s condition, all of the medical bills and records should be gathered, and it will be time to settle. Ideally, the client will be in pre-accident condition by the time they reach maximum recovery and begin the settlement process.

For more information on Auto Accidents In Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 643-4343 today.