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Why Whiplash Claims Are Often Disputed in North Carolina Car Accident Claims
March 21, 2025Whiplash is one of the most common injuries sustained in car accidents, yet it is also one of the most frequently disputed by insurance companies in North Carolina. Because whiplash injuries are often invisible on imaging tests and symptoms may not appear immediately, insurers frequently challenge the validity and severity of these claims.
If you have suffered whiplash or another soft-tissue injury in a car accident, understanding why these claims are disputed and how to strengthen your case can help you secure the compensation you deserve. At Dewey, Ramsay & Hunt, our Charlotte personal injury lawyers are here to protect your rights and fight for fair compensation.
What is Whiplash?
Whiplash is a soft tissue injury that occurs when the head is suddenly jerked forward and backward, straining the muscles, tendons, and ligaments in the neck. It is most commonly associated with rear-end collisions, but can occur in any type of crash.
Common symptoms include
- Neck pain and stiffness.
- Headaches.
- Dizziness.
- Shoulder and back pain.
- Numbness or tingling in the arms.
- Cognitive difficulties, such as memory issues or difficulty concentrating.
Why Do Insurance Companies Dispute Whiplash Claims?
Insurance companies often dispute or minimize whiplash claims for several reasons:
- Lack of Visible Evidence
To assess soft tissue injuries in whiplash, doctors may use imaging techniques like CT scans or MRI scans, which can provide more detailed images of soft tissues. Unfortunately, most immediate medical assessments may not include these in-depth scans, allowing insurers to argue that the claimant is exaggerating or faking their symptoms.
- Delayed Symptoms
Many whiplash victims do not experience pain or discomfort immediately after an accident. It can take hours or even days for symptoms to appear, which insurers use to claim that the injury was not caused by the crash.
- Low-Speed Collisions
Insurance companies often argue that whiplash cannot occur in low-speed collisions. However, studies have shown that even crashes at speeds as low as 5 to 10 mph can cause significant neck injuries.
- Pre-Existing Conditions
If you have a history of neck pain, arthritis, or other medical issues, insurers may claim that your pain is due to a pre-existing condition rather than the accident.
- Minimal Medical Treatment
If you did not seek medical attention immediately or did not follow through with prescribed treatment, insurers may argue that your injury is not serious enough to warrant compensation.
How to Strengthen Your Whiplash Claim
If you have suffered whiplash in a North Carolina car accident, taking the following steps can help strengthen your claim:
- Seek Medical Attention Immediately
Even if you do not feel pain right away, visit a doctor as soon as possible. A medical professional can diagnose your injury and create a record linking it to the accident.
- Follow Your Treatment Plan
Consistently following your doctor’s recommendations, such as physical therapy or chiropractic care, demonstrates the seriousness of your injury.
- Document Your Symptoms
Keep a journal detailing your symptoms, daily limitations, and how your injury affects your life. This can serve as valuable evidence in your claim.
- Obtain Expert Testimony
Medical experts and accident reconstruction specialists can help explain how your injury occurred and why it is legitimate.
- Consult a North Carolina Personal Injury Attorney
Insurance companies have teams of lawyers working to minimize payouts. Having an experienced North Carolina personal injury attorney on your side can level the playing field and ensure you receive the compensation you deserve.
Contact Dewey, Ramsay & Hunt for Help With Your Whiplash Claim
If your whiplash claim has been denied or undervalued, do not accept the insurance company’s decision without speaking to a knowledgeable attorney. At Dewey, Ramsay & Hunt, we have extensive experience handling car accident claims in North Carolina and can fight for your right to fair compensation. Contact us today by calling 704-377-3737 or online for a free consultation to discuss your case.
We provide unique legal services tailored to each client’s needs and do not get paid unless you do.
Your Injury, Our Fight. How can we help you take a stand?
Because every case is different, the description of awards and issues previously managed by our law firm does not guarantee a similar outcome in current or future cases.