Insurance company said mileage to getting treatments are not considered after I filed a claim letter - Is this the practice?
6 attorney answers
As a technical matter the answer seems to be yes. It is however a subject that may be modified by statute, insurance commission ruling or contract. In general ability insurance pays indemnity: Indemnity is often used as a synonym for compensation or reparation. All three can be construed as obligations to act on an injured party's behalf given the occurrence of a contractually-specified event. However, indemnity as a legal concept has a much broader meaning than the other two terms; namely, an indemnity is to make a party to a contract "whole" again should that contractually-specified event occur.
While the event may be specified by the contract, the actions that must be taken to make the injured party "whole" again are largely fact-based and unknown to the parties until the event occurs, while the maximum liability is often expressly limited by the contract.
A car insurance policy is an example of indemnification. If a purchaser of car insurance policy is involved in an accident wherein the liability for the accident is undisputedly of their insured driver, then the insurance carrier has the duty to indemnify their insured driver in very specific ways to make them "whole" again.
The insurance carrier may pay them compensation (recompense for lost wages that would have normally occurred), pay them for medical/legal/(pain and suffering) damages (i.e., those costs arising specifically as the result of the accident), reparations to tow and repair the vehicles involved in the accident returning them to their original condition, and the payment of rental vehicles while awaiting repairs.
It is in the breadth of the insurance carrier's obligations that we see the application of an indemnity; in other words, an indemnity is a "generalized promise of protection against a specific type of event by way of making the injured party whole again."
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The other driver's insurance company is not your friend. The adjustor gets paid to find ways to limit your claim. You are probably entited to your expenses for going to medical appointment. Adjustors are typicall more responsive and reasonable when they have to deal with attorneys, rather than claimants. You should talk with an attorney who is experienced in handling personal injury matters.
The mileage is part of your out-of-pocket loss due to the accident for which you should be reimbursed. However, insurance companies and their adjusters try to deny everything they can. Be prepared for them to fight you on the cost, reasonableness, and necessity of your treatment. You really should consult with an attorney.
Insurance companies deny everything. Be ready for the carrier to attack the cost, reasonableness, and necessity of your treatment. You should do yourself a favor and consult with an attorney prior to taking any further action.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
It is "usual practice" for insurance companies to deny just about everything about a personal injury claim. This is why you need a lawyer.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
The payment of mileage depends on the language of the policy. Some insurance companies will not pay piece meal compensation for mileage and medical bills. It also depends whether the claim is being pursued under your insurance policy or the insurance policy of the at fault driver. You should discuss this matter with an attorney. Insurance companies, whether yours or the other driver, do not always get it right or honor the obligations under the policy. Because of this, it makes it even more important to discuss this matter with your attorney or to get legal advice on this matter.
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