If you were injured in a car accident through no fault of your own, you will not be automatically compensated for your damages. Unfortunately, many injured accident victims are often prevented from recovering the full compensation they may be eligible to receive.
Insurance companies representing and defending at-fault drivers often use several strategies to limit the amount they have to pay for car accident claims.
In this blog, we discuss some ways insurance companies try to defend these cases. Our legal team at Greg Monforton & Partners have advocated for many accident victims over the past four decades, communicating and negotiating with the insurance companies on their behalf. Set up a free consultation today to learn more about your rights and legal options. There is no obligation involved.
Talk to a qualified lawyer today: (866) 320-4770
Question Your Credibility
After suffering injuries in a crash and filing a legal claim, you may feel like you are the one on trial. The insurance company will try to question your motives and credibility. For instance, they may track your whereabouts or look at your social media to find anything they can use against you. At a minimum, they will review your medical records to ensure you are not exaggerating your injuries.
Insurance companies are always looking for inconsistencies to make accident victims appear less believable. They will most likely deny your claim or use this information to validate offering you a lower settlement.
This is why it is important to always be honest and stick to the facts. However, even if you are being truthful, the insurance company may try to spin anything you say in their favor. It may be beneficial to seek legal counsel. Unlike the insurance company, a lawyer will have your best interest in mind.
Use Ontario Laws to Limit or Avoid Paying Out
Ontario has some restrictive laws in place for compensating accident victims. For instance, Ontario’s Insurance Act allows the at-fault driver’s insurance company to keep a certain portion of your pain and suffering damage as a deductible. The deductible for 2021 is $39,754.31 versus $39,556.53 in 2020.
If the value of your injury does not exceed a specified minimum threshold, no payment will be issued. The insurance company may even require costly medical proof from experts if you suffered a serious, permanent injury. If you happen to recover from a significant injury, they may try to avoid paying at all.
Should you have a valid case, an experienced lawyer at our firm is prepared to help you seek the maximum compensation possible for your damages. We have successfully recovered $300 million for our clients.
Ask for an Independent Medical Exam
The insurance company may ask that you attend an Independent Medical Examination (IME) to obtain proof of the extent of your injuries before compensating you. An IME is supposed to provide an objective assessment from a doctor who is not treating you. Insurance companies want an unbiased, independent doctor to offer his or her perspective on the injuries you suffered.
While this sounds like a reasonable request, these exams are anything but impartial. IMEs are performed by doctors hired and paid for by insurance companies. An IME may be used as a strategy to delay paying your damages or dispute the seriousness of your injury to deny paying altogether.
It is important to keep in mind that insurance companies are for-profit. They have a vested interest in saving themselves as much money as possible, which means paying the least amount in claims.
Place Blame on Other Causes
Insurance companies often try to blame the accident victim’s injuries on other causes. They may say that your injury was unrelated to the accident somehow or your injury was preexisting rather than caused by the at-fault driver they are representing. They may even try to shift the blame on you for the accident to reduce the amount of compensation they have to pay through an out-of-court settlement or verdict.
We Fight for Accident Victims' Rights
If someone else’s negligence caused the car accident and your injuries, do not hesitate to contact a Windsor-based car accident lawyer at Greg Monforton & Partners for a free initial consultation. For 40 years, we have helped fight for just and fair compensation for accident victims throughout Ontario.
There is no risk in calling us to schedule an appointment and no obligation to retain our services after meeting with us. We do not get paid unless you do.
Experienced Legal Representation. Ph: (866) 320-4770