How Insurance Companies Undervalue Pilot Injury Claims – And How to Fight Back

Professional pilots can face the loss of their careers if they are injured in a motor vehicle accident.  That is why having high policy limits stacked with uninsured motorist insurance is the most important insurance a pilot can purchase.  It is very common for us to see a case where a client has a life-changing injury but less than $300,000 in uninsured motorist insurance, and the at-fault party has $25,000 or less in bodily injury coverage.

When an injury happens, insurance should cover the damages you incur up to the policy limits. Even when there is sufficient coverage, insurance companies often undervalue a pilot’s injury claims, not taking into consideration the loss of future income. You may be able to pass an FAA First Class flight physical now, but what about when you are 60? What do you tell your Aviation Medical Examiner about your injuries, and how, without getting grounded, while not hurting your case? Insurance companies use tactics to minimize payouts, leaving injured pilots without the compensation they deserve. If you’re a pilot dealing with an injury, understanding these tactics and how to be in control of the fight is crucial.

How Insurance Companies Undervalue Pilot Injury Claims

1. Questioning the Severity of the Injury

Insurance companies may claim your injury is not as severe as you say. They will use medical experts to minimize your condition. They may argue that you can still work or that your injury existed before the accident. Their experts will claim that your condition is degenerative or due to the normal aging process. They will accuse you of lying to your Aviation Medical Examiner.

2. Delaying the Claim Process

Delays are a common tactic. The longer they take, the more desperate you become. Without a seasoned attorney who is also an ATP rated pilot on their side, some pilots settle for less just to move on. Don’t fall for this trick. 

3. Blaming the Pilot

Another common trick is blaming you for the accident. They may argue that it was your error that caused the injury. If they succeed, they can reduce or deny your claim.

4. Lowball Settlement Offers

Insurance adjusters often offer a quick settlement. This offer is usually far below what you deserve. They hope you accept without questioning the actual value of your claim.

5. Using Complex Policy Language

Insurance policies are filled with complex legal terms. They may claim that specific injuries or treatments are not covered. This makes it harder for pilots to understand their rights.

 

How to Fight Back Against Insurance Companies

1. Get Legal Help Immediately

An aviation lawyer and pilot who is experienced in airline pilot injury claims can protect your rights. They understand insurance tactics and will fight to get you fair compensation. Avoiding big firm TV lawyers that do not go to court and that will settle cases to support their advertising habit is crucial.

2. Document Everything

Keep records of medical visits, reports, and communications with the insurance company. The more documentation you have, the stronger your case.

3. Don’t Accept the First Offer

The first settlement offer is almost always too low. Have your aviation lawyer review any offer before accepting. You may be entitled to much more.

4. Challenge Their Medical Assessments

Treating medical evaluations can provide the evidence needed to prove your condition. It is imperative that you receive treatment from providers that accurately document your injuries, symptoms, and progress. Who should the jury believe, the doctors that treated you, or the defense’s so-called experts that reviewed medical records claiming your injuries are pre-existing or degenerative.

5. Stay Persistent

Insurance companies hope you’ll give up. Stay patient and push back against delays and unfair tactics. With the right legal strategy implemented by Thoele Drach, you can win.

Final Thoughts

You don’t have to fight alone if you’re a pilot struggling with an injury claim. Insurance companies will try to undervalue your claim, but you can take action. You can secure the compensation you deserve with the right legal representation and strategy.

At Thoele Drach, we fight for injured pilots. Contact us today for a free consultation.