Things you should know

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<div> Things you should know</div> <div> Whether you are pursuing a claim against your car insurer, your disability benefit insurer or the other driver (really, his or her insurer), there are certain things you should be aware of in order to protect your claim.</div> <bR> <div> In catastrophic cases, there is usually very little argument over the severity of the injury.  The majority of car accident cases deal with less serious injuries, but ones that can frequently have serious effects on the victim.  A number of conditions can be serious, yet will not show up on standard "objective" testing such as x-rays, CT scans or MRI's.   These can include closed head injuries (involving brain damage not detectable on scans), soft tissue pain, chronic pain syndrome and fibromyalgia.</div> <bR> <div> In these situations, your credibility is going to be the key factor as to whether a judge, jury or arbitrator accepts that you have suffered a significant injury.  Your credibility is key to whether an insurer will offer a reasonable settlement.</div> <bR> <div> You should be aware of the following:</div> <bR> <div> <B>Past medical history: </B>your medical records will likely have to be produced at some point, and this will include pre-accident records.  If you have had accidents in the past, this will come out.  Be forthcoming with your own doctors, insurance doctors and designated assessment centres about relevant medical events.  It can be very damaging to your credibility if you tell a doctor you have never had prior accidents or similar complaints, if in fact you have. </div> <bR> <div> Be accurate and complete in reporting symptoms to your doctors on each visit.  For example, it is often difficult if not impossible to prove an accident caused a particular injury if no mention is made of symptoms until several months after the accident.</div> <bR> <div> <B>Insurance medicals:</B> insurance companies will have the right to have you examined by doctors of their own choosing.  Not surprisingly, many of these doctors are not sympathetic to accident victims, particularly those who suffer injuries that can't easily be detected by x-rays or other scans.  These opinions are less effective if the claimant is seen as credible.  Don't exaggerate your limitations, as the doctor will likely be able to detect this, and accuse you of fabricating your case.  Give a full effort on any functional testing.  Don't exaggerate the property damage caused in the accident, as the records will be available to determine the actual costs.  At the same time, do not minimize your complaints, but rather strive to be accurate and honest about the extent of your symptoms and limitations.</div> <bR> <div> <B>Surveillance: </B>this is a fact of life of any insurance claim, and is legal as long as the investigator does not trespass upon your property or otherwise break any laws.  They are basically looking to see if you are engaging in more activity than you claim is possible.  Surveillance usually only harms those who exaggerate their complaints, who deny the ability to do activities that they can do, or engage in working when they claim disability.  If you are honest and accurate in your dealings with the insurers, your doctors and others, then there is little to fear from surveillance.  Further, do not worry that you will be constantly followed, as the cost would be prohibitive.  Rather, surveillance is typically conducted for a few days at a time once, maybe twice a year.  If you become aware of surveillance, it is best to avoid them.</div> <bR> <bR> <bR> <bR> </td> </tr></table></body>