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Motor Vehicle Personal Injury Insurance Claims

By Dan Baldyga

In January of 2005 it was written (and found within the confines of The Insurance Journal), “In 2003 more than 25% of automobile accidents resulted in bodily injury claim”.

PLUS: In a 2004 study (executed via Trends In Auto Injury Claims) it was stated, “Personal injury claims remain high”.

Records indicate that many people involved in automobile accidents, are embarrassed to seek medical attention because of what they’ve determine to be bumps and bruises, and they didn’t seem serious enough or because the onset of the symptoms did not immediately occur.

HOWEVER: Just as soon as possible, after an accident, an initial evaluation at a local Emergency Room is positively recommended!

THE REASON FOR THAT IS: X-rays can be performed which will generally rule out broken bones or factures. PLUS: Muscle relaxants and anti-inflammatory medications can immediately be prescribed so as to address muscle strains and/or pulls.

If the onset of a serious injury is delayed, the failure to have a medical complaint recorded will affect your physical recovery. Back and neck injuries (like a herniated disc) are not always immediately determinable. They are often initially diagnosed as “Soft Tissue” injuries before an MRI or a CT Scan reveals a disc injury. Normal x-ray film - - cannot diagnose a disc injury!

HERE’S SOME FACT’S OF INSURANCE CLAIM LIFE BY THE AUTHOR OF THIS ARTICLE - - WHO WAS INVOLVED IN SUCH MATTERS FOR OVER THREE DECADES! If the adjuster can prove it (and then attempt to hang his hat on the reason “Why” he’s refusing to pay a personal injury claim) he’ll often take the position of, “It’s because there’s been a long and serious delay in receiving treatment”. Or, “Too many time-gaps in the treatment have occurred”. Ending either one of those conclusions with, “So therefore it’s clear that the impact had absolutely nothing to do what the claimant was later complaining of and being treated for”.

“WHIPLASH”: Whiplash hurls your head backward (causing Hyper-Extension) and forward (causing Hyper-Flexion) the both of which will absolutely injure your neck. Whiplash has been determined to be the most common injury resulting from a car accident. It can cause injury to joints, discs, ligaments, cervical muscles and nerves.

A Whiplash can be short term or long life, because it can leave your neck forever vulnerable to injury. It leads to a long-term disability in 10% of those 1,000,000 people who have been “Whip-Lashed” (because of a motor vehicle accident in the United States) every year ! Records indicate that nearly 25% of those cases result in chronic pain and disability for an individual’s lifetime.

After a Whiplash injury your neck’s natural curve may be reversed, which can unevenly distribute the weight of your head and may furthermore misalign the vertebra. This can lead to arthritic degeneration and recurring pain. It’s a proven fact that 1 in 7 whiplash victims will still have significant pain more than 3 years after the accident!

According to research published in late 2004 “MOST CAR SEATS FAIL THE WHIPLASH TEST”, it was determined that almost two thirds (of what are advertised as “Normal” car seats) left motorists vulnerable to painful whiplash injuries. Of all the models tested 18 were rated as “Good”, 27 were rated as “Acceptable” however all of the others were rated either “Marginal” or “Poor”.

In a 2004 edition the National Association Of Mutual Insurance Companies stated that, “From 1980 to 2003, the Bodily Injury Claim rate increased by 19%”. They went on to say, “There were 1.05 Personal Injury claims per 100 insured cars”.


You’ve got to be wary of the insurance adjuster contacting you, requesting a statement so he can, “Settle your claim”.

In most instances the only reason the adjuster from the other insurance company wants your statement is so to determine if he can build a defense against your claim or make his payment to you, as low as possible. More often than not adjusters contact you (under the pretext of helping you to settle your claim) and then attempt to use the information they’ve obtained - - to minimize or deny your claim.

Unless the Police Report clearly places the fault on the other driver you must be very careful how you “Handle” and/or “Deal” with the adjuster assigned to your case because the adjuster is paid, and moved up the claims ladder, partly because of what he knows, and learned on-the-job, about insurance claims, but mostly because of how profoundly he’s capable of taking advantage of those who have a legitimate one.

DISCLAIMER: The only purpose of this article “AUTOMOBILE ACCIDENT CLAIMS” is to help people understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee of any kind whatsoever; NOR does he purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Baldyga’s third insurance claim book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at or This book reveals “How To” successfully handle your motor vehicle accident claim so you won’t be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the “Pain and Suffering” you endured - - because of your personal injury!

Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved.

Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. He has written 3 books on the subject and his articles are read by millions of readers every year.

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