Why Won’t the Insurance Company Pay My Injury Claim?

As a personal injury trial attorney, practicing for twenty years in the New York State court system, Richard Noll constantly explains to his clients the intricacies of how to succeed in obtaining fair and just compensation for their pain and suffering claims. “Why won’t the insurance company pay my personal injury claim when “the other guy” was clearly at fault?” is a question that crosses and boggles many people’s minds after they were injured as the result of an accident. The simple answer is this: Insurance companies do not exist to pay benefits or compensation to you – the injured party. Insurance companies exist to earn profits and pay dividends to their shareholders. When an insurance company pays out a claim, it is taking money that it can be using to invest and earn more. – Howard

Insurance Company Defenses – How They Justify Not Paying Your Claim 

By Richard Noll

Why Won't the Insurance Company Pay My Injury Claim? by Howard Lipset

Delay, delay, delay is the name of the game. The longer the insurance company can hold onto its money and keep it invested, the more it will earn in profits. They justify delay, or many times outright refusing to pay, your claim for the following reasons:

  1. The accident was not the fault of its insured;

  2. You stopped short, causing their insured to hit your car in the rear;

  3. You did not observe and obey a stop sign or red light;

  4. Although their insured had the stop sign or red light, they were already in the intersection when the collision occurred;

  5. The accident was not reported to the police;

  6. You did not sustain a “serious injury” as required by law;

  7. You were not transported from the scene of the accident by an ambulance;

  8. There was a delay before you sought medical care;

  9. In your initial medical visit you did not make complaints of pain to the body parts you now claim are injured;

  10. There was not much damage to your vehicle (despite the fact that there was significant damage to their car);

  11. You had pre-existing injuries or have been involved in a prior accident or worker’s compensation claims;

  12. You have stopped medical treatment or you did not have enough treatment;

  13. Their doctors interpret your medical diagnostic testing differently from the treating doctors;

  14. Their doctor’s examination did not reveal any injuries or limitations.

Each of these “defenses” must be met with intelligent, logical and well prepared responses. Sometimes there may be an element of truth to the defense but that does not necessarily bar your claim entirely. A well prepared plaintiff’s attorney can oppose or mitigate most defenses in the effort to obtain fair and reasonable compensation for your injuries. Your attorney must obtain all relevant information and documentation and must constantly oversee the development of your case to ensure success.

The Noll Law Firm, P.C. at (516) 307-1199 or at rnoll@lawnoll.com.

Howard Lipset, CPA
Progressive Management, Inc.
(516) 883-2962

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