Malingering Accusation Defense in Auto Insurance Claims

Every year in the U.S., there are thousands of individuals who get a physical injury due to a car accident. According to medical experts, this physical injury may lead to mental problems, particularly when the injury decreases the person’s quality of life.  If you have been recently involved in an auto accident, and incurred a physical injury, it’s imperative to know that mental complications can occur and be prepared for the allegations that the insurance provider will use to refute your claims for secondary health problems.

If you begin to feel agitated, anxious or depressed due to the injury, you should inform your healthcare provider as soon as possible. Often, these emotional complications are not permanent and disappear as your body begins to heal and recover after the auto accident. However, there are some instances that the injured person develops a long-term mental disorder that may entail an extensive treatment or therapy.  Understanding mental complications are usually subject to some extent, it’s typical for an insurance provider to rebuff your claim for emotional trauma or distress arising out of the auto accident.

Most insurance providers will deny the claim filed by an injured individual due to a particular behavior called malingering. According to the American Medical Association (AMA), malingering is the act of intentionally exaggerating or feigning psychological or physical symptoms for personal gain. This means that if your insurance provider has assumed you are malingering, you cannot claim your Fort Worth auto insurance benefits. To counteract this accusation, the American Psychiatric Association (APA) suggests that you take a neuropsychological evaluation (NPE). During an NPE, a specialist runs a variety of tests and assessments to determine the level to which your mental symptoms are directly correlated to your bodily injury and what symptoms may be feigned or exaggerated.  However, even if the NPE revealed that your symptoms are exaggerated, this doesn’t necessarily imply that you are malingering. Your physician may declare that there’s some cognitive mutilation related with your injury. Hence, there’s a way to dispute the allegation of your insurance provider.

It’s very important to bear in mind that any evidence which proved you are malingering can be taken as a form of insurance fraud. Because of this, you should ensure that your physician does request an NPE so as to have a basis in which to dispute you insurer’s malingering accusation and to counteract any future investigation for insurance fraud.

Car insurance claims are typically very easy to manage. However, in some instances, it can challenge you as victim or plaintiff on an insurance policy. If you think that your claim for insurance benefits is compromised, particularly on an allegation of malingering, make sure your physician acquires the necessary evaluation by a certified neuropsychologist, as this supports your claim for physical injury with secondary emotional complications.

If you want to know more information about malingering accusation defense in car Insurance claims, give La Familia Insurance a call at 888-751-7511.