Common Defenses Used by Insurance Companies to Dispute Permanent Injuries in New Jersey Car Accident Cases

When you’ve been seriously injured in a car accident and are seeking compensation for your losses, insurance companies may employ various tactics to minimize or deny your claim. One such tactic is to dispute the severity of your injuries and argue that they do not meet the “permanent injury” threshold required under New Jersey law to pursue non-economic damages like pain and suffering.

Here are some common defenses insurance companies may use to challenge your claim of permanent injury:

1. Pre-existing Conditions: The insurance company may argue that your current pain and limitations are due to a pre-existing condition, not the car accident. They may scrutinize your medical records, looking for any evidence of prior injuries or complaints that could be related to your current condition.

2. Gaps in Treatment: If you have significant gaps in your medical treatment after the accident, the insurance company may argue that this indicates your injuries were not as severe as you claim. They may also question why you sought treatment from certain providers or why you didn’t follow through with recommended treatment plans.

3. Lack of Objective Evidence: Insurance companies often prefer objective evidence of injuries, such as X-rays, MRIs, or other diagnostic tests. They may downplay subjective complaints of pain or limitations that cannot be easily verified through medical imaging or other tests.

4. Minor Impact: If the damage to your vehicle was minimal, the insurance company may argue that the impact was not severe enough to cause a permanent injury. They may try to use photos of the damage or accident reconstruction reports to support their argument.

5. Conflicting Medical Opinions: Insurance companies often have their own medical experts review your medical records and may obtain an independent medical examination (IME). If their experts disagree with your treating physician’s diagnosis of a permanent injury, they may use this to dispute your claim.

6. Lifestyle Factors: The insurance company may attempt to attribute your pain or limitations to lifestyle factors unrelated to the accident, such as your age, weight, or occupation. They may argue that these factors are the primary cause of your current condition, not the car accident.

7. Surveillance: In some cases, insurance companies may hire private investigators to conduct surveillance on you. They may try to use video footage or other evidence to show that you are more active or capable than you claim, undermining your claim of a permanent injury.

How Brett M. Rosen Can Help You Overcome These Defenses:

Attorney Rosen has extensive experience combating these insurance company tactics and will work diligently to build a strong case on your behalf. He will:

• Gather comprehensive medical evidence: He will work with your treating physicians to obtain detailed medical records, diagnostic test results, and expert opinions that clearly establish the permanency of your injuries.
• Address gaps in treatment: He will help you explain any gaps in treatment and demonstrate that you have been consistent in seeking medical care for your injuries.
• Refute pre-existing condition arguments: He will carefully review your medical history and present evidence to show that your current condition is directly related to the car accident, not a pre-existing issue.
• Counter minor impact arguments: He may consult with accident reconstruction experts to demonstrate how even a seemingly minor impact can cause significant injuries.
• Challenge conflicting medical opinions: He will scrutinize the opinions of insurance company experts and, if necessary, present counter-opinions from qualified medical professionals who support your claim of a permanent injury.
• Address lifestyle factors: He will present evidence to show that your current limitations are a direct result of the accident, not unrelated lifestyle factors.
• Protect you from surveillance: He will advise you on how to protect yourself from surveillance and ensure that any evidence obtained is not used against you unfairly.

Don’t Let the Insurance Companies Win

Insurance companies are in the business of making money, and they may try to minimize your claim or deny it altogether. Don’t let them take advantage of you. Contact Brett M. Rosen, Esq. today for a free consultation. He will fight for your rights and help you secure the compensation you deserve.

1. How much does it cost to hire a car accident attorney? Most car accident attorneys work on a contingency fee basis, which means you pay no attorney fees unless they win your case. Attorney Rosen offers a free initial consultation to discuss your case and explain his fee structure.  

2. How long do I have to file a car accident claim in New Jersey? The statute of limitations for filing a car accident claim in New Jersey is generally two years from the date of the accident. However, there are some exceptions, so it’s important to consult with an attorney as soon as possible.

3. What if the other driver doesn’t have insurance? If the other driver is uninsured or underinsured, you may be able to recover compensation from your own insurance company if you have uninsured/underinsured motorist coverage. Attorney Rosen can help you navigate this process and maximize your recovery.  

4. What if I was partially at fault for the accident? New Jersey follows a comparative negligence rule, which means your compensation may be reduced if you were partially at fault for the accident. However, you can still recover damages as long as you were not more than 50% at fault.  

5. Can I still recover compensation if I was injured as a passenger? Yes, you can still pursue a claim if you were injured as a passenger in a car accident. You may be able to recover compensation from the driver of the vehicle you were in, the other driver, or both, depending on the circumstances. Attorney Rosen can help you determine who is liable for your injuries and pursue the appropriate claims.

FAQs about Car Accident Cases in Roselle, NJ Continued

1. What types of damages can I recover in a car accident claim? You may be able to recover compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, emotional distress, property damage, and loss of consortium.  

2. How long will it take to resolve my car accident case? The length of time it takes to resolve a car accident case can vary depending on the complexity of the case and whether it settles or goes to trial. Attorney Rosen will work diligently to resolve your case as efficiently as possible while still fighting for the maximum compensation you deserve.

3. Should I accept the insurance company’s initial settlement offer? It’s generally not advisable to accept the insurance company’s first offer without consulting an attorney. Insurance companies often try to settle claims quickly for less than they’re worth. Attorney Rosen can evaluate the offer and advise you on whether it’s fair and in your best interests.

4. What if I’m not sure if I have a case? If you’ve been injured in a car accident, it’s always a good idea to consult with an attorney to discuss your legal options. Attorney Rosen offers free consultations and can help you understand whether you have a valid claim and what steps you should take next.

5. How can I contact Brett M. Rosen, Esq.? You can contact Attorney Rosen by phone, email, or through the contact form on his website. He is available 24/7 to answer your questions and provide you with the legal guidance you need.

Don’t Face the Insurance Companies Alone

After a car accident, you need an experienced attorney on your side to protect your rights and fight for your interests. Contact Brett M. Rosen, Esq. today for a free consultation and let him put his expertise to work for you.