What is the required to prove that an accident caused an injury?

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What is the required to prove that an accident caused an injury?

The insurance is denying my husband’s accident insurance claim. He ruptured a disc in his back when he overextended putting our 3 month old child in his car seat. He had to have surgery and now they are denying the claim stating that since the report doesn’t say he hurt himself when putting our child in his seat. First they tried to say he had an infirmity, which I quickly got them to back done from but now they say there is no proof of an accident. I mean, if it wasn’t an accident, does that mean he intentionally hurt is back. Doesn’t make sense. Must the doctor report state that you injured your back because you over extended?

Asked on January 28, 2012 under Insurance Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are you trying to collect under your auto insurance policy?  I think that may be the problem here.  Read the terms of the policy.  Generally speaking they cover you for injuries associated with the operation of the motor vehicle.  There is no causation - that the injury was caused during the operation of the vehicle - or that an accident occurred.  Please seek legal help in your area.  Good luck. 


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