Missouri Car Accident Claims Fought Hard by Insurance Companies
Missouri auto accident cases can get messy because, in most cases, insurance companies are responsible for paying resulting damages. Nearly every time, the insurance company puts up a fight in an attempt to reduce the amount of damages paid. Call it human nature to cut costs, call it what you want… the bottom line is that insurance companies battle hard before paying out.
A recent Missouri lawsuit shows how car accident cases can result in an ongoing battle with insurance providers. In this case, the plaintiff’s insurance company refused to pay the injured motorist the full amount owed because the company felt the $10,000 judgment was excessive. The $10,000 award was the full amount that could be granted under the insurance policy for medical care.
The insurance company argued their medical specialist, a neurologist, did not believe that the injured driver needed certain treatment for, presumably, head or brain injuries. The insurance company argued they should not have to compensate the injured driver for the amount awarded, as they believed the medical treatment was unnecessary.
The plaintiff was forced to bring the insurance company to court once more for a claim of vexatious refusal to pay. The plaintiff alleged in this claim that the insurance company’s conduct were willful and without reason.
The insurance company said they did not feel they owed the plaintiff this money, and based on their neurologist, stated that they had reason not to pay. The court had to determine if the insurance company was intentionally withholding monies from the injured plaintiff without just cause, or if its refusal to pay was on a reasonable belief.
A vexatious refusal to pay claim can be established by showing:
- The claimant made a demand
- The insurer failed or refused to pay for a period of thirty days after demand
- The refusal to pay was vexatious and without reasonable cause
If these three elements can be proven, under Missouri car accident law, the insurance company may be held accountable for additional damages and attorney fees.
The court in this case ultimately decided that the insurance company reasonably believed, based on the neurologist, that they did not owe the plaintiff $10,000. Thus, the court did not uphold the claim for vexatious refusal to pay. However, the court did uphold the $10,000 damages and instructed the insurance company to pay the plaintiff in a timely manner.
This case exemplifies one of the many struggles that may occur after a car accident claim between injured parties and insurance companies. Insurance companies are aggressive about litigating claims and have experienced legal counsel working for their side. You deserve the same aggressive representation.
As a personal injury attorney and founding partner of Page//Cagle, A Missouri Personal Injury Law Firm, I have successfully and aggressively represented injured motorists against insurance companies for my entire career. I am more than willing to do the same for you and offer free consultations to discuss your situation and answer any questions you may have. You pay nothing unless you recover.
I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also visit www.missouricaraccident.com for more information.
