Severed Limbs: What To Do When Your Car Insurance Won't Pay For Your Car Accident Losses


Car insurance companies have several quirks, some of which can be downright worrisome. One of those issues is refusing to pay on medical claims that are a direct result of your car accident. If your accident was so severe that it severed a limb, the company absoluely should pay on your claim, especially if it falls under a covered medical emergency. If the insurance company refuses to pay for loss of limbs or the reattachment thereof, here is what you need to do.

Hire a Car Accident Lawyer

Without a doubt, you need the help of a car accident lawyer. He or she can intervene on your behalf and speak to your insurance company. Sometimes all it takes is a letter threatening a lawsuit and insurance companies are more willing to resolve your claims. If they still refuse, and your lawyer sees that a severed limb is a covered item, then your lawyer can proceed with the lawsuit to help you pay for your medical expenses, reattachment surgery (if that is the route you chose), medical equipment to increase your mobility (if needed) and any physical therapy you might need to make as full a recovery as possible.

Document Your Contacts with the Insurance Company

Write down everything that was said, who said it and on what date you had contact with your insurance company's agents. Additionally, keep any and all paperwork that states your claim was denied and why. Sometimes the only thing keeping you from the money that the insurance company owes you is a misunderstanding or missing documents of the accident. If your lawyer talks to the insurance company regarding your documentation and proof of contacts made, and the insurance company acknowledges those calls and paper documents, then the only thing they can do is reveal the real reason for refusing your claim.

If it's something so simple as getting them an entire file on what happened in the accident and how you lost your limb, then the lawyer can provide them with a complete file. Then he or she can document when the complete file was transferred to the insurance company. In doing so, you have legal documentation that everything the insurance company asked for they were given, and they have no further excuses to deny your claim except on permissable grounds (e.g., an "out clause" in your contract with them, which is rare at best).

Do Not Accept a Settlement Without Your Lawyer Present

When your insurance company finally resigns to offering you a settlement, do not accept it without your lawyer present. Additionally, the insurance company should be speaking to your lawyer first, instead of trying to bypass the lawyer to get you to agree to a lesser settlement. Having your lawyer present gives you more leverage, bargaining power and veto power for any claims that do not pay for your medical bills and care in full (minus your deductible, of course).

About Me

Law Information Everyone Should Know

Hi, my name is Jessica Hawkins and welcome to my law blog. My mom and dad are both attorneys so I grew up with a lot of law talk around the house. Even though I decided not to become an attorney, I still have an interest in the law. Plus, when I visit my parents, that's all they want to talk about, so I still learn what I can about the law so that I can join in on the conversation. I wanted to create a blog to inform others about various aspects of the law. In this blog, you'll also find out about the different types of attorney specialties and when it's best to consult an attorney. I hope that you find my blog useful and that it helps to answer your law questions.

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