If you are a victim of an accident one of the most frustrating things is how long it takes to actually get to a fair settlement. Insurance companies tend to delay cases in an effort to wear the victims down and settle the case for less. I have listed a two of the most common delays for the consumer/accident victim to be aware of.

The Insurance Company Drags Their Feet in Accepting Liability for the Accident

This can and does happen all of the time. Your phone call isn’t returned. Your FAX is lost. Nothing can happen in reference to you getting compensated by the at-fault party’s insurance company until they accept liability.

Your car will not get repaired. You will not get a rental car. You will not be compensated for your pain and suffering.

Sometimes the adjuster will tell you they can’t get in touch with their driver to obtain a statement. Other times they will have to wait for the accident report. They will have to speak with a key witness. Or maybe the car will have to be appraised and pictures taken. It is always something. Why? It is only a few thousand dollars that they owe you. Well time is money. The longer the insurance company holds onto your money the longer they can collect interest. You might think that interest for a few weeks on a few thousand dollars is not that much. And you would be right if you were the only person that these delay tactics were being used on, but there are thousands and thousands of claims across the country. That is a lot of interest and therefore a lot of extra money in the profit column of the insurance company.

Your Own Insurance Company Denies Reimbursement of Your Medical Bills

Unfortunately this is becoming more and more common. You have paid for the insurance coverage and purchased PIP benefits. Yet your own insurance company may still deny payment of your medical bills. This usually happens when your treatment consists of exclusively chiropractic care. If your insurance company believes that you really weren’t injured in the accident and you don’t need any treatment they sometimes will try to get your doctor to accept a reduced payment on their bill.

Other times they will deny payment out right and request that your records be reviewed by a peer review doctor. A peer review doctor is a doctor that the insurance company hires to review your records to see if the treatment given by your doctor conforms to Kentucky standards. The report from this doctor, who is a hired gun, is usually that you should have been recovered after 10 or 12 visits and any treatment given after that time is excessive and should not be paid. I think you can see what is going on.

Other times there is a request for an Independent Medical Exam (IME) where the insurance company hires a doctor to examine you to give an opinion as to whether further treatment is necessary. The result is the same as the above. Both of these procedures are authorized under the Kentucky No-Fault Statute. The exams are really not independent. In my opinion the “I” stands for insurance.

If payment is denied you are responsible for paying your doctor. Your only option that I am aware of is to sue your own insurance company. This process can take several years. If you are successful your medical bills will be paid.

It is my hope that once you are aware of these attempts to delay the progress you will be better armed to fight for your case and receive a fair settlement.

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About The Author
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of “7 Potholes That Can Wreck Your Kentucky Accident Case” and “What You Don’t Know About Buying Car Insurance Can Hurt You”. For additional information about Mike Schafer visit http://www.mikeschaferlaw.com

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