Injured in an accident? You may benefit from knowing about the RAP Clause! – Your Auto, Motorcycle, Trucking and Bicycle Personal Injury Indianapolis, IN Attorney
Your health insurance contract may have a RAP Clause that can save you money
A serious injury from an auto, motorcycle, trucking or bicycle accident may necessitate a surgical procedure to make the patient whole again. Under the best of these circumstances, a non-life threatening injury would give the injured party an opportunity to seek a consultation with a surgeon “in-network” under their health insurance plan. When a course of treatment was agreed upon, the surgeon would schedule the operation with an in-network facility. But how many other physicians and healthcare professionals are performing services on your behalf while you are under anesthesia? You may be surprised when the bills start rolling in.
It takes a team of physicians and healthcare professionals
While you are in the operating room and during your hospital stay, a team of professionals work side-by-side with your surgeon providing supplemental services that make a successful surgery possible.
Your anesthesiologist has probably been hand-picked by your surgeon who chose him/her because of a good working relationship and his/her availability on the date of surgery. Many anesthesiologists do not contract with health insurance carriers because they are not usually chosen by the patient and therefore “in-network” status is not a consideration. The same holds true for assisting radiologists (the physician reading and interpreting your images) and pathologists (one who checks organs, tissues and bodily fluids).
Many, though not all health insurance policies, have a clause within the policy that pays “in-network” rates for “uncontrollable” out-of-network providers, meaning you can’t control who comes in to perform the service. The RAP (Radiologist – Anesthesiologist – Pathologist) Clause within many health insurance policy descriptions may also be called the PARE (Pathologist – Anesthesiologist – Radiologist – Emergency Providers) Clause. Under the PARE clause, you may be additionally covered for emergency services and trauma providers as in the case of life-threatening injuries resulting from an accident.
If your surgeon and hospital facility are in-network, and your surgeon has received pre-approval under your health insurance plan, you have every reason to expect you are within policy coverage. If an “uncontrollable out-of-network provider” bills your health insurance company before your insurance carrier has received your hospital bill, your insurer will probably decline or pay their bill at out-of-network rates. In this case, it is important that you file an appeal under the RAP or PARE clause with your insurance provider and immediately notify the “uncontrollable provider” that an appeal has been filed.
Experienced Accident Attorneys Helping You
An experienced personal injury attorney in Indianapolis, IN will negotiate to secure a full release before a settlement is made. The attorneys of Ward & Ward Law Firm, Charlie Ward and Don Ward, have more than 90 years of combined experience in dealing with personal injury and wrongful death claims. We understand personal injury law and stay on top of Court decisions to successfully resolve our client’s legal claims. You may also be interested in our firm’s article about Surprise Billing.
Indianapolis Personal Injury FAQs
Our Indianapolis, IN personal injury lawyer knows how important it is to gather and present the right evidence to build a strong case. When filing a personal injury claim, the strength of the evidence often determines the outcome. Whether it’s medical records, photos, or witness statements, solid proof supports your case and helps secure fair compensation. Below, we answer common questions about why evidence is crucial in a personal injury claim.
How Does Evidence Affect The Outcome Of A Personal Injury Claim?
The success of a personal injury case depends on the ability to prove fault and demonstrate the extent of the damages. Strong evidence, such as accident reports, medical records, and surveillance footage, helps establish what happened and supports your compensation claim. Without clear proof, insurance companies may dispute liability or offer a lower settlement. When handling a case, personal injury evidence can make a significant difference in the outcome.
What Types Of Evidence Are Most Important?
Several types of evidence help strengthen a case. Medical records provide documentation of injuries, while photos and videos capture the accident scene. Witness statements can confirm key details, and financial records show the impact of lost wages and medical expenses. In some cases, expert testimony or accident reconstruction reports may be needed. Collecting a variety of evidence gives us the best chance to support your claim and push back against any challenges from the other party.
How Soon Should Evidence Be Collected After An Accident?
Gathering evidence as soon as possible is critical. Over time, physical evidence can disappear, and witness memories may fade. If you are able, take photos of the accident scene, document visible injuries, and obtain contact information from witnesses immediately. Seeking medical attention right away also helps create a record of your injuries, which can be valuable in proving the effects of the accident. Waiting too long to gather evidence could weaken a case.
Can Missing Evidence Hurt A Claim?
Yes, missing or weak evidence can make it harder to prove a claim. If there are no photos of the accident scene, no medical records linking injuries to the incident, or no witnesses to verify what happened, the insurance company may deny or reduce the claim. We help clients with personal injury cases by identifying any gaps in evidence and working to gather additional proof when needed. The stronger the evidence, the better the chances of receiving fair compensation.
How Can A Lawyer Help With Gathering And Presenting Evidence?
Our award-winning Indianapolis personal injury lawyer plays a key role in collecting, organizing, and presenting evidence. We can obtain accident reports, request surveillance footage, and work with medical professionals to document injuries. If needed, we can also bring in experts to analyze the case and provide testimony. Personal injury cases often require thorough documentation to stand up to insurance companies and opposing legal teams. Having an attorney involved helps make sure all necessary evidence is gathered and used effectively.
Moving Forward
Building a strong personal injury case starts with solid evidence. The more proof available, the easier it is to establish fault and secure the compensation you deserve. At
Call Charlie Ward today for a free, no-obligation consultation at 317-639-9501.
*Ward & Ward Law Firm is a contingency law firm and does not get paid unless we recover for our clients. This article is not intended as legal advice. If you or someone you know has received a Surprise Billing, you should discuss it with your attorney before taking any action. Each situation is unique and only your attorney may give you legal advice.
