If the Accident Wasn’t My Fault, Why Aren’t They Paying What My Attorney Demanded?

After a car accident that wasn’t your fault, it’s natural to assume that the at-fault driver’s insurance will quickly pay for your medical bills, lost wages, and other damages. But many injury victims are shocked when the insurance company refuses to pay the full amount their attorney demands.

If liability (fault) isn’t in dispute, why is the insurance company still fighting the claim? The answer lies in proving damages—not just who caused the accident, but also the extent of your injuries and whether the accident directly caused them.

Fault vs. Damages: Two Separate Battles

In most car accident cases, fault is clear—one driver ran a red light, rear-ended another car, or failed to yield. The insurance company may even accept liability early on. But that’s only half the battle.

To get full compensation, your attorney also has to prove:

✔ The extent of your injuries (How serious are they? Will they require ongoing treatment?)
✔ That the accident directly caused your injuries (and not a preexisting condition or prior injury)
✔ That your medical expenses and lost wages are reasonable (Insurance companies often challenge the cost of treatment)

Even if fault isn’t disputed, the insurance company will almost always push back on how much they have to pay.

Common Reasons the Insurance Company Disputes Your Claim

1. They Argue Your Injuries Aren’t as Serious as You Claim

One of the most common tactics insurance companies use is minimizing the severity of your injuries. They might say:

  • You only had “minor” injuries that don’t require ongoing treatment.
  • You should have healed faster than you did.
  • Your medical bills are excessive for the type of injury you suffered.

Even if you’re in pain and following your doctor’s recommendations, the insurance company may still downplay your injuries to justify a lower settlement offer.

2. They Blame a Preexisting Condition or Prior Injury

If you have a history of back pain, prior injuries, or a preexisting medical condition, the insurance company might argue:

  • Your injuries weren’t caused by the accident but were preexisting.
  • The accident only slightly aggravated an old injury, so they shouldn’t have to pay for all your treatment.
  • You had similar symptoms before the crash, so they owe you little to nothing.

Your attorney will need to present strong medical evidence to prove that this accident specifically caused new injuries or worsened a preexisting condition.

3. They Claim You Delayed Treatment

If you didn’t go to the hospital right away or waited to see a doctor, the insurance company may argue:

  • If you were truly injured, you would have sought immediate medical care.
  • The delay means your injuries weren’t serious.
  • Something else (not the accident) caused your pain.

The longer you wait to seek treatment, the harder it can be to prove that the accident caused your injuries.

4. They Dispute Lost Wages or Future Medical Costs

If you’re claiming lost income or future medical expenses, the insurance company may push back, saying:

  • You could have returned to work sooner.
  • Your doctor’s estimate of future treatment costs is too high.
  • You don’t need long-term care or ongoing therapy.

Your attorney must provide strong medical records, expert opinions, and wage documentation to justify these claims.

Why Your Attorney’s Demand and the Insurance Offer Are Often Different

Your attorney will typically send a demand letter requesting full compensation for:
✔ Medical expenses (past and future)
✔ Lost wages and reduced earning capacity
✔ Pain and suffering
✔ Property damage

But insurance companies rarely pay the full demand amount upfront. Instead, they make lowball offers and try to negotiate.

Why? Because their goal is to pay as little as possible, not to be fair. They may:

  • Ignore certain damages or injuries
  • Dispute medical costs
  • Delay the process in hopes you’ll accept less
  • Argue that your case isn’t worth as much as your attorney claims

This back-and-forth is part of the negotiation process, and your attorney will fight to get you the best possible settlement.

What Should You Do If the Insurance Company Isn’t Paying?

✔ Trust the Process – Negotiations take time. Just because they don’t pay right away doesn’t mean you won’t get a fair settlement.

✔ Follow Your Doctor’s Orders – Keep up with treatment and don’t stop medical care just because you’re waiting on a settlement.

✔ Keep Detailed Records – Save medical bills, pay stubs, and any documentation of your injuries and losses.

✔ Be Patient, But Prepared for Litigation – If the insurance company refuses to pay a fair amount, your attorney may recommend filing a lawsuit and taking the case to court.

Need Help Getting the Compensation You Deserve?

If the insurance company isn’t paying what your attorney demanded, it’s not necessarily because you did anything wrong. It’s because insurance companies fight every claim—even when fault is clear.

At Harris Personal Injury Lawyers, we know their tactics and how to fight back. If you’re struggling to get the settlement you deserve, we can help.

📞 Call us at 1-800-GO-HARRIS for a free consultation today.