Have you been involved in more than one accident, and are the insurers pointing at each other? An earlier or later accident does not automatically rule out your claim. It does, however, need to be carefully examined which complaints and losses belong to which event, and what your situation would probably have been without each accident.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
A timeline of complaints and recovery
For each accident, record which complaints arose immediately afterwards, what treatment followed and how your physical and mental capacity developed. Also note periods of recovery and your return to work. An old diagnosis without information about the subsequent course says little about your condition shortly before a new accident.
Gather medical records selectively. There is no need to share every medical detail with all parties without any limitation. The question under investigation determines which information is relevant. A medical adviser can help to map out the course of events and to formulate the right questions for an expert.
Pre-existing complaints and aggravation
An accident can cause new complaints, aggravate existing complaints or delay recovery. A personal vulnerability does not by itself make the loss non-compensable. The comparison with the likely course of events without the accident remains essential.
The insurer may argue that certain complaints would also have arisen without the accident. Ask which medical and factual data that expectation is based on. A general reference to age, wear and tear or an earlier accident is not a complete, individual substantiation.
Several liable parties
Where more than one event has contributed to the same loss, questions may arise about the causal link, apportionment and concurrent liability. It is too simplistic to divide all the loss in equal shares merely because there were two accidents. The correct legal route depends on the facts and the type of concurrence.
Do, however, avoid double compensation. Keep track of advance payments received and final settlements for each file. An earlier settlement agreement may be relevant to which loss has already been settled and which future risks have been covered.
No automatic presumption of fraud
Multiple claims or accidents are not in themselves evidence that a claim is untrue. The insurer may investigate relevant connections, but must substantiate specific inaccuracies and any intent. Provide correct information about earlier events and correct mistakes with a clear explanation.
A jointly appointed expert can help when the parties rely on different medical explanations. Agree the questions to be put and the complete relevant file in advance. The Medical Paragraph of the Code of Conduct for Personal Injury Claims (GBL) sets out principles for a careful medical assessment process.
Frequently asked questions
Do I get nothing because I already had complaints?
That does not follow automatically. Aggravation, new limitations and the likely course of events without the accident must be assessed.
Do I have to report earlier accidents?
Answer relevant questions honestly. The medical significance and legal consequences can then be investigated in a targeted way.
Can each insurer wait for the other?
Ask for a concrete position on liability and on the part of the loss that has been sufficiently established. A dispute between insurers need not bring every discussion about payment to a standstill.
What does Arslan need?
A timeline, medical advice reports, earlier settlements, overviews of advance payments and the positions of all insurers involved.
Read more about medical data, expert reports and advance payments.
Have your position assessed where several accidents and insurers are involved.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
