June 29, 2021

What is a MIST Claim?

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You are hurt in a car crash, you are likely in pain and your vehicle has been damaged. The last thing you need is someone from the insurance company denying the validity of your claim but that’s exactly what they do.

The insurance company’s job is to maximize profits and do everything they can to prevent themselves from paying you. One way they do this is to categorize your claim as a MIST claim. MIST is an acronym created by insurance companies to undercut reasonable claims made by injured victims. MIST stands for minor impact, soft tissue. In the mid-nineties, auto insurance companies began adopting stringent practices to deal with MIST cases.

One of the MIST injuries best known by auto accident lawyers in Newport Beach is whiplash. Whiplash is a neck injury that usually occurs from a rear-end collision. Rear-end collisions cause the neck to snap back and forth rapidly causing symptoms of pain, stiffness, and headaches. Like many MIST injuries, you may not feel the pain from whiplash for several days.

More moderate examples of MIST injuries include strains, sprains and contusions. Despite what the insurance company states, failing to treat these injuries can lead to long term damage. Anyone involved in a low impact accident should still seek medical treatment as soon as possible.

MIST creates an impression that because your crash was low speed or created only minor damage, then your pain symptoms are also minor and should resolve on their own with little to no treatment. There’s no real science behind this assertion. In fact, the medical literature proves the opposite.

Insurance adjusters typically work off a script and are trained to deny claims of low impact injuries outright. They may also give you a lowball offer for a financial amount that won’t even cover your medical expenses, let alone your pain and suffering. Carriers have a protocol to aggressively defend MIST claims. They will send you a boilerplate letter often claiming that there is no mechanism for injury, meaning the cause of your injuries could not have come from the crash or that you were not injured at all. This is their attempt to intimidate you into not seeking treatment and settling at a low offer.

The uphill battle you will face in getting compensation for your soft tissue injuries is why you need a zealous personal injury attorney in Newport Beach to represent you. Contact Accident Lawyers Firm and get your free consultation today.

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