There are three major areas of concern that we have seen in the last 20 years of our personal injury practice. In this blog article, we’ll explore each issue and discuss best practices for avoiding such pitfalls.
1. Subrogation
The first area of concern is called subrogation, which is a health or auto insurance company’s right to recoup medical bills on behalf of their insured in an auto accident case. Even though our clients have health insurance and auto insurance to cover medical bills related to their treatment, their health insurance and auto insurance companies also have the right to collect bills that they have paid on behalf of the client. This is called a subrogation claim.
2. Underinsured
The second major area of concern is when clients fail to obtain enough insurance coverage to cover them in the event they are hit by an uninsured or underinsured motorist.
At The Law Office of Tom Somos, LLC, we recommend that our clients have at least one hundred thousand dollars in uninsured/underinsured motorist coverage.
3. Failing to Seek Treatment
The third major area of concern is when clients forego the medical care and treatment that they need. Also, maintaining necessary documentation is important for auto accident claims.
Whenever you see the doctor, it is extremely important that you provide the doctor with a thorough history of all of your injuries from top to bottom. Be thorough about all of your limitations and restrictions. Use descriptive words to describe what it feels like inside your body.
For example, you might describe your neck pain as “an aching throbbing sensation” or your back pain as a “burning radiating pain.” Be as descriptive, accurate, and detailed as possible. The narrative that you provide your doctor is critical when documenting all of your injuries and restrictions. The insurance company will probably not believe you, but they will believe your doctors. A large part of your insurance adjuster’s evaluation is based on how well your doctors document all of your injuries and limitations.
Don’t Forget to Gather Enough Info, Too
Of course, at the scene of the motor vehicle collision, it is also important that you gather all of the necessary evidence. This includes the following:
1) the name of all of the drivers involved along with all of their insurance information;
2) obtain as many witness names and addresses as possible;
3) contact the police and file an accident report;
4) take pictures of all of the vehicles involved, both exterior and interior;
5) obtain medical treatment as soon as possible; and
6) take down as many notes about the accident as possible.
Injured? Need Assistance?
If you’ve been involved in an auto accident case in Columbus, Ohio and need help, feel free to contact our firm for additional information. We’re always happy to help.
