It’s common knowledge that car accidents can cause physical injuries, but the significant impact on mental health is often overlooked. Following a car collision, individuals may experience emotional distress, anxiety, or even develop mental health conditions such as situational anxiety or Post-Traumatic Stress Disorder (PTSD). These psychological impacts are just as valid as physical injuries and can be included in car accident insurance claims.
You might be entitled to claim for mental health treatment following a car accident. However, insurance companies, whether it’s your own Personal Injury Protection (PIP) or the at-fault driver’s Bodily Injury Liability (BIL) coverage, may resist these claims. To secure the compensation needed for your mental health recovery, understanding your policy and how to demonstrate the necessity of your treatment is crucial. In some cases, filing a lawsuit against the responsible driver to claim for emotional distress may be necessary.
Our experienced car accident attorneys in Suffolk County are prepared to assist you in navigating these complex claims. Contact us today at (631) 543-7070 for a free consultation to discuss your options.
Will Car Insurance Cover Your Mental Health Diagnosis and Treatment?
Determining whether your car insurance will cover mental health treatment hinges on a close examination of your policy’s language. A key factor is demonstrating that the mental health treatment you seek is a “reasonable and necessary” response to a condition directly resulting from the car accident. This requires understanding what insurers consider reasonable and how to substantiate your need for mental health support.
Proving the “Reasonable and Necessary” Nature of Mental Health Treatment
Most car insurance policies contain clauses that stipulate they will not cover treatment deemed not medically necessary. While physical injuries like fractures are often straightforward to prove as accident-related and necessary, psychological treatment can face greater scrutiny. Insurance companies may view claims for “emotional distress” as more subjective, making approval more challenging.
To successfully claim mental health treatment coverage, providing a medical diagnosis of a mental health condition directly linked to the accident is vital. This diagnosis, whether it’s anxiety, depression, PTSD, or another condition, should come from a qualified medical professional. Furthermore, if you are undergoing therapy, your therapist may need to provide documentation outlining your treatment plan and explicitly state why this treatment is both reasonable and necessary for your mental health recovery following the car accident. This documentation strengthens your claim by providing objective evidence of your condition and the required treatment.
Steps to Secure Mental Health Coverage Under Your Car Accident Insurance
To maximize your chances of obtaining coverage for the mental health support you need after a car accident, consider these proactive steps:
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Thoroughly Review Your Insurance Policy: Carefully examine the wording of your PIP or applicable BIL policy. Pay close attention to any exclusions or limitations related to mental health coverage. Understanding the specifics of your policy is the first step in building a strong claim.
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Prepare Documentation of Past Mental Health History: Be ready to disclose and provide records related to any pre-existing mental health diagnoses or personal challenges. While a pre-existing condition doesn’t automatically disqualify your claim, transparency is important. However, emphasize how the car accident specifically exacerbated or caused a new mental health condition.
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Clearly Articulate the Link Between the Accident and Your Mental Health: From your initial mental health treatment sessions, clearly and comprehensively describe how your mental health condition arose from or was directly impacted by the car accident. Provide specific details and examples of how the accident has affected your mental well-being.
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Adhere to Your Mental Healthcare Provider’s Recommendations: Diligently follow your mental healthcare provider’s advice and treatment plan. Attend all scheduled follow-up sessions and actively participate in your therapy or medication regimen. Compliance with treatment demonstrates the seriousness of your condition and commitment to recovery.
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Document Objections to Treatment and Request Alternatives: If you have reservations about a prescribed treatment, such as antidepressants, express your objections in writing to your healthcare provider and insurance company. Request alternative treatments and document this process. This shows you are actively engaged in your recovery while also ensuring your concerns are addressed.
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Consult with a Car Accident Attorney Before Discussing Mental Health with Insurers: Avoid discussing your mental health history or current condition directly with insurance adjusters without legal representation. An experienced car accident attorney can guide your communications and prevent your statements from being misconstrued or used to deny your coverage.
Seeking Psychological Support After a Car Crash: You Are Not Alone
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with psychological distress. Seeking mental health counseling or psychological care is a sign of strength, and it’s essential to understand your rights to insurance coverage for these services. Working with a knowledgeable car accident attorney in Long Island significantly increases the likelihood of your mental health treatments being covered. An attorney can advocate for your rights and challenge any unfair denials of coverage by the insurance company.
Don’t allow yourself to be discouraged from seeking the mental health care you deserve after a traumatic car accident. Contact Carner & DeVita today to discuss your case. We will help you assess your damages, understand your coverage options, and develop a strategy to obtain the maximum compensation available for your mental and physical recovery. Schedule a free, no-obligation case review with our Long Island car accident attorneys by calling (631) 543-7070 or reaching out to us online.
