I hear it all the time. Someone is upset about their offer from the insurance company and they say, “doesn’t the adjuster realize I could have died?” or “the EMT in the ambulance said I should have died”.

My counter argument is always, “Well, you didn’t die. I could have been involved in a car accident while driving to work today. Does that mean I can make an accident claim against all the people I passed on the freeway this morning because I could have been involved in an accident with them?” Of course not.

Insurance claims are all about what actually happened, not what “could have” happened. This isn’t horse shoes or hand grenades where getting close counts. This is about what actually happened and what injuries you were treated for. Let me tell you what “could haves” are worth:

“I could have died” = $0 in pain and suffering
“I could have taken time off work, but I decided to tough it out” = $0 in wage loss
“I could have had a surgery, but decided I didn’t want to do it” = $0 in medical bills for a surgery that didn’t happen
“I could have treated longer, but I didn’t have the time and had to go back to work” = $0 in brownie points for cutting your treatment short

Are you seeing a trend? You can only get paid for what actually happened. If you actually died, your family would be paid for you actually dying. If you actually had a surgery, your claim is worth significantly more money than not having a surgery. If you actually missed work, you can claim actual wage loss.

Don’t get caught up in the “could haves” and focus on what actually happened with your injury. Similarly, don’t think the insurance companies are going to treat you better because you decided to tough it out and cut short the recommended treatment from your physician. Do what your doctors say and that will be what actually happened to you and not what “could have” happened to you.