After an accident, you are required by state law to call law enforcement if there has been injury, death, or significant property damage.
Often, paramedics arrive with the police; other times, the police call for them if they believe a party to the accident needs medical attention. And even if first responders don’t arrive on the scene, most accident victims will likely be advised by their lawyers or other parties to see a doctor as soon as possible.
However, since treatment cannot be forced on anyone and no one should be forced to seek treatment for accidents, some people refuse to receive medical treatment after an accident. While anyone is well within their rights to do so, making that decision may significantly affect their health and subsequent insurance claims.
In this article, we discuss everything you should know about refusing medical treatment after a car accident.
There are some misconceptions that most people who refuse medical treatment rely on to justify their choices. The most common misconceptions are:
People choose to refuse medical treatment if they have sustained visible injuries, but they do not feel them or do not feel them significantly. While that is a valid reason to refuse treatment, accident injuries are notorious for their delayed symptoms.
A lot of the injuries that may be sustained during an accident are internal, and rarely cause immediate pain until they have grown to a level of significant damage.
A lot of accidents also cause hidden injuries like whiplash and concussions, which when discovered later, may be difficult to connect to the accident.
Many also refuse treatment because they believe it will be too expensive. However, multiple payment solutions are available that anyone can leverage to ensure the cost of treatment is covered.
First, your automobile insurance provider may cover the cost – depending on your coverage and your state's insurance laws. The other driver's automobile insurance will likely also cover your medical costs if that driver was responsible for the accidents.
Even in no-fault states like Kentucky (Ky. Rev. Stat. § 304.39-040) and Utah (Utah Code § 31A-22-309) where your insurer should cover your medical expenses, you can the at-fault driver may still be liable if you have sustained significant injuries.
You can also pay for your medical treatment through your health insurance plan. Finally, a car accident attorney can negotiate a lien with the health service provider if you intend to seek compensation from the other party.
When you seek treatment for your injuries after an accident, nobody considers it as you are making a fuss. It is your right to do so, and you should take active steps to protect your health. Your healthcare provider will likely be happy to help you get back into your best shape, recovered from every injury caused by the accident.
Just as you must get treated, it is also important to get treatment early. Many injuries worsen when they are left untreated for extensive periods.
When you refuse treatment after an accident, you expose yourself to the following potential consequences:
Many insurance companies have devalued claims because the claimant did not seek treatment early. This practice is common, given the types of negligence laws that operate in the U.S.
In comparative negligence states like Arizona (Ariz. Rev. Stat. § 12-2505) and Nebraska (Neb. Rev. Stat. § 25-21,185.09), parties can argue that their financial liability be reduced by the proportion of damages that the other party is responsible for.
So, if your injuries have worsened because you refused treatment immediately after, an insurance company may argue that they should not be liable for the current state of your injuries, but only liable for expenses you might have incurred if you sought treatment immediately.
But in the same vein, insurers in contributory negligence states like Maryland (Board of County Commissioners of Garrett County, Maryland. v. Bell Atlantic-Maryland, Inc. 695 A.2d 171,346 Md. 160) and North Carolina (Smith v. Fiber Controls Corp., 44 N.C. App. 422, 261 S.E.2d 247 (N.C. Ct. App. 1980)), may argue that you be disqualified completely from receiving compensation since you have contributed to the current state of your injuries.
A crucial part of receiving compensation from an insurer or another driver is establishing that the injuries you’re claiming for were caused by the accident. The easiest way to do this is by receiving a full diagnosis of the extent of your injuries immediately after the accident. With a documented immediate diagnosis, the development of injuries can be monitored closely.
However, if you delay receiving treatment and essentially your full diagnosis, an insurer may devalue your claim by arguing that your injuries are primarily due to a pre-existing condition, and were not directly caused by the accident.
Refusing treatment will worsen internal or hidden injuries. In the worst-case scenarios, these worsened injuries may eventually lead to a permanent disability or death. However, you can avoid the worst cases when they are detected and managed early.
It is generally advisable that before making a claim, accident victims reach a point called maximum medical treatment (MMI). This is a point where they cannot recover from their injuries any further, either because they are fully recovered or they have been left with a disability that is going to permanently hinder their quality of life going forward.
Achieving MMI before making a claim is wise because at that point you can accurately estimate medical expenses and claim accordingly. However, when an accident victim initially refuses treatment but eventually has to undergo some medical procedures, attaining MMI takes longer. This could reduce the case’s chances of success because it brings the statute of limitations date closer.
The statute of limitations is a legally specified period after which you’ll no longer be able to institute a case against the at-fault driver. And although it doesn’t directly affect insurance negotiations, insurance companies are unlikely to take your claim seriously.
Statute of limitations vary by state: in Maine, for instance, the statute of limitations is six years from the date of the injury (Me. Stat. tit.14, § 752), while in Rhode Island it is three years from the cause of action (9 R.I. Gen Laws § 9-1-14).
In Harms v. United States, Case No. 15-cv-13215 (E.D. Mich. Aug. 24, 2017), while determining the subject of injury causation, the court relied on facts like the plaintiff not seeking medical attention immediately after the accident and refusing pain medication when she eventually went to the ER the following evening, to determine that her claims for wage loss as a result off the accident be dismissed.
In its analysis, the court maintained that tort law, places a duty to mitigate damages on the defendant, and failure to carry out this duty may lead to the disqualification of a claim. Once it can be established that a victim’s refusal to seek treatment was not in line with their duty to mitigate damages arising from an accident, their claim may be devalued. However, the claim may be denied in extreme cases, and any resulting action may be dismissed in court.
Refusing treatment after the claims process begins is also a common practice among some victims. These victims, after starting treatment, refuse to continue after getting to a point where they feel they are fully recovered, or they have submitted a claim.
Again, it is not advisable to adopt this practice primarily for health purposes. When they are uncompleted, most medical treatments may lead to further complications and side effects.
If these complications arise, the insurer will refuse to cover any expenses you incur after you stopped taking your medication because they will strongly argue that you should be responsible for anything that happens after that point.
It is also important to note that once you stop treatment, your insurer will only cover expenses up until that point.
Refusing treatments after an accident is never advisable. However, it is not always a black/white situation. It is possible that when refusing treatment, you believed you had a genuine reason to do so. But now, your insurer refuses to pay certain parts of your claim.
In this case, you need a car accident lawyer who can work with you to present your case best. Your lawyer can also negotiate with your insurer and prevent them from delaying or denying your claim.
A skilled lawyer will also be able to investigate an accident further and work with you to establish that the accident caused your injuries while making sure you file your claim before the statute of limitations date expires.
At The Accident Helpers, we provide you access to lawyers who can represent you with an insurance company and in court. These lawyers will protect your rights in every situation and effectively represent you in court or with your insurer. All you have to do is contact us, speak to one of our consultants, and we will connect you to the best car accident lawyer in your city.
Our services are free, so all you have to do is contact us today!