A Common Misunderstanding

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Tom McCutheon

Tom McCuctheon

We only handle accident and injury cases. I’m always pleased when a new client comes in as a result of a recommendation. My goal is for every client to recommend me to their friends and relatives and we do get over half of our cases from such referrals.

Because I talk to potentially new clients daily and answer their questions, I see common areas of misunderstanding.

In automobile accident cases, you must understand that insurance companies first of all do not want to pay any claim. Secondly, insurance companies can not pay a claim unless the claim is fully documented.

When a person without a lawyer tries to handle their own claim, the insurance company will run them in circles trying to get documentation until finally they either accept a low ball offer or hire us.

Here’s a common misunderstanding and that is when a person injured in an automobile accident that was the other drivers fault expects the other driver’s insurance to pay for their medical care. The other insurance company will not do it. Please understand that they do not want you to get medical care. They do not want you to get an MRI that shows that you now have a herniated disc and need surgery. They will not pay for you to have physical therapy so that you can get better at their expense. They do not want to pay your claim and if they have to pay your claim, they want to pay as little as possible. Obviously, the worse you are hurt the more they have to pay. People who get little or no medical care get little or no money. The insurance company for obvious reasons and to a large degree jurors will not accept that some people have to live with injuries because they can not afford medical care.

Without a doctor relating the injury to the accident “as more probable than not” in some cases a jury can not even consider a particular type of injury such as a herniated disc. If the insurance company can keep you from going to the doctor then the claim has no value.

There are solutions to these problems and a good personal injury firm can help you find them. I’m not talking about a personal injury mill, but a good personal injury lawyer that will take the time to explore your options and help you get the treatment (and documentation) that you need. One strategy that we have used successfully is to use the open enrollment period of the Affordable Care Act and pay for someone’s insurance for 90 days so that they can get the diagnostic tests and treatment that they need. At that point we have the documentation we need to make the insurance company pay the claim and we have a client who received the medical treatment that they needed.

Buckle up and drive safely.

McCutcheon & Hamner

2210 Helton Drive
Florence, AL 35630

256-764-0112

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