Being involved in a serious accident while pregnant is a scary situation and unfortunately, sometimes, the outcome proves to be fatal. For families left to face the unimaginable, the road ahead can seem scary and confusing.
As if the fetal miscarriage brought about by a motor vehicle accident was not enough to deal with, insurance companies often put forward a number of hurdles and challenges that families must navigate if they wish to file a claim. Fortunately, an attorney can ensure you are prepared and help you and your family navigate this unchartered territory.
Medical Proof
The fact that the mother had a miscarriage after a motor vehicle accident does not automatically put the responsibility or liability on the other driver. Before any insurance company will pay a claim for this type of loss, the parent must provide medical proof that the accident is the cause of the termination of the pregnancy.
This evidence will typically include proof of placental abruption, severe hemorrhaging, or a record of accident injuries that forced the mother into premature labor. A thorough medical examination and precise diagnosis of the reason for the loss is necessary for any successful claim.
Past Medical History
One hurdle that insurance companies often put in the path of a successful claim is the request for the mother's past medical history. Typically, the insurance company requests this information in an effort to collect any medical information that can raise speculation that a health issue with the mother is to blame for the loss of the child, not the accident.
Some of the information the insurance company might look for is a history of miscarriages or uncontrolled chronic diseases, such as high blood pressure. However, you are not required to provide the insurance company with uninhibited access to your health history. You have the legal right to only provide medical records pertaining to the miscarriage. An attorney can help you set up this limitation.
Previously Settled Claims
Fetal miscarriages brought about by a motor vehicle accident do not always occur immediately. Particularly when the accident occurs in the very early stages of pregnancy, the injuries from an accident might not heighten to the point where they terminate the pregnancy until later in the pregnancy.
Unfortunately, if the mother has already signed a release and settled their claim, many state laws typically prohibit the mother from filing an additional claim for fetal miscarriage. Pregnant accident victims are advised not to settle a claim until they are certain the unborn child is safe.
As you face such a challenging situation, you should partner with an auto injury lawyer to help you protect your family's rights.
Share21 March 2020
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