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Insurance companies are great at creating fear in auto accident victims. As Fairfax car accident attorneys, we hear from people every day that they are frustrated that the insurance company is consistently setting up hurdles in their case or that the adjuster “stopped being nice” or that the case switched to a different adjuster who simply isn’t returning their phone calls.

But what frustrates us the most is the lies that insurance adjusters tell Virginia car crash victims. Has the adjuster handling your case used one of these lines?

  1. We cannot process your property damage claim until we have a signed medical authorization for you. The two have absolutely nothing to do with each other. The insurance company is just trying to get you to sign their blanket authorization so that they can dig through your entire lifetime of medical records and find something, anything to point to other than this crash as the cause of your pain.
  2. If you do not respond to this letter within thirty days, we will close your file. The statute of limitations on a Virginia personal injury case is two years from the date of the injury. So even if the insurance company were to close your file (and they won’t), that would not stop you from being able to recover for your injuries in court.
  3. Because you were in a small accident, we can only pay for the medical bills that you incur in the first thirty days. This is an insurance company trick to get you to stop treating while you are still in pain and accept a quick, easy settlement. The insurance company may site “studies” that they claim say that soft tissue injuries should be resolved by the thirty day time limit. After a car crash, you should always follow your doctor’s instructions and treat until he tells you to stop or until you feel better.
  4. Because you have health insurance, we only have to reimburse you for your co-pays. In Virginia, auto insurance companies do not get a “credit” for your having health insurance. The auto insurance company is liable to you for the full amount of your medical bills. Accepting only the co-pay can be a giant mistake if your health insurance policy has a subrogation clause (you might end up owing your entire settlement back to the health insurance company!).

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