How do auto insurance prove a false injury claim?

[tahmelapachme33]

My brother inlaw was in a car accident almost 2 wks ago on a thursday nite, he was in a dodge ram 1500, and a neon ran a stop sign and he hit the driver side door of the neon. There was more damage to the neon than the truck, the neons driver side was smooshed in, and the truck had the front hood and grilled dented in about a half of foot, im not sure how to explain the damage. His airbags did not go off, nor did he hit the steering wheel, or have any signs of the seatbelt. He was not complaining he was in any pain the night of the accident so I told him he still should go see a doctor atleast the next day just in case becauseI know whiplash and back pain can take a little while to set in. So the next morning he woke with no signs of injury, no back pain, no limping no nothing. Ofcourse he was unable to go to work the next day because he needed to get checked out, he was worried about losing his pay, I told him I wasnt sure, but maybe he could be reimbursed from the insurance for loss of wages, but I wasnt sure how that worked. So he asked me about a attorney who to call, I told him to go online, and he said "Can u call cuz Im not good at lying" I thought to myselt ok he is full of crap.. So he went to K-clinic that day and started complaing his leg was hurting, then he went to work the day after, came home early limping, said his boss told him to take off until monday. Then mon rolls around and he call his boss says he cant come in he needed a week off, I took him to the k-clinic mon-fri and they never once gave him a note or told him he was incapable of working. On fri I took him he came out said he wanted to switch doctors that theyre saying they cant find anything wrong with his knee, he should go to the er to have more test run since he was in pain. He showed me his knee said it feels like its out of place, needs to popped or a pinched nerve, not sure if those symptoms would be the same. hhmm . So his mom decides to takes him to her doctor, and what do u know, he has a pinched nerve or a lump, knot or something in the back of his calf, (not xrays were done not sure if that was needed) all the doc did was some back and hip popping and I believe may popped his leg, there was some popping going on. Gave him some meds. And bam he is walking like normal running up the stairs like nothing.. Is that possible to heal a pinched nerve or strained muscle that easily? Also the doctor gave him a note for the last week and a half he missed work, hes fine to go back to work tomorrow. I just dont think that sounds right, how can the doctor sign off for him to miss work, when he bearly saw him today, for all he knows the injury if any could have taking place yesterday. I just cant figure out why the other doctor couldnt catch the problem in the first place and he wouldnt prescribe him any meds. I honestly think my mother in laws doctor is a qwack, she goes and comes back telling me some unproffesional weird things. My husband went because he kept having nose bleeds, he just told him it was too much stress in the head. We were like ok, gave him so meds and sent us on our way. But I believe it had something to do with his sinuses and the dry air, we got a humidifier for the bedroom, and problem solved. Im not a doctor, I dont know how they evaluate, thats just my personal opinion. But I do feel like if i went to his office with a fake injury he would find something wrong. I dont know if my brother in law is trying to commint fraud to get possibly more money, I think he just wanted time off his job and wants to get paid for by the insurance. I just want to know if he is lying, i hope he does get caught, that is wrong.

[wardell]

Ultimately, they go to court and let a judge decide. And it's not up to the insurance company to prove that the injury doesn't exist, it's up to the plaintiff, to prove that 1. there IS an injury, AND 2. it WAS caused by the accident.

The insurance company gets to look at ALL medical records, forever - including the first doctor's exam that shows nothing wrong. They'll call a doctor to the witness stand, to explain how exactly the accident caused the injury.

Keep in mind, not having a clue what a K clinic is, chiropractors aren't real doctors. If his only medical attention was from a chiropractor, and the MEDICAL doctor found nothing wrong, he's probably not going to win that lawsuit. Also keep in mind, many states, you have to file your minor medical bills under your OWN policy, and can't sue the other guy.

I read the first bit, but skimmed the rest because, well, there's a whole lot of irrelevant information in there.

[garret]

some people never learn sorry to hear you were injured in an accident too, its amazing how fast these things happen and yet a seeming lifetime of dealing with insanity and pain, and not knowing what will happen next, lets hope you get better, and that you are able to do what you need to do. a hard hit like that really scrambles the brain pan sometimes, and then the medications dont help any at all. Sometimes just keeping on an even keel is enough for the day. none of us our perfect, we all make mistakes, some, more than others, and it makes it more difficult to figure out who where and what as time goes on. so do your best and hang in there may tomorrow be a better day!