Combative lawsuit against HUK-Coburg: €13,000 for shoulder injury!

Combative lawsuit against HUK-Coburg: €13,000 for shoulder injury!

A recent judgment before the Meiningen Regional Court brings a lot of attention to the challenges that those affected can experience when enforcing claims from private accident insurance. The case revolves around a serious shoulder injury sustained by an athlete during an exercise. Despite a medical report that confirmed accident-related disability at 30%, HUK-Coburg did not pay.

The affected person suffered a tear or rupture of several tendons of the rotator cuff, particularly affecting the tendons of the supraspinatus, subscapularis and the long biceps tendon. These injuries led to permanent restriction of movement of the arm, which is why the case was viewed as a classic disability case in private accident insurance. Nevertheless, HUK-Coburg considered the connection between the accident and the functional impairments to be unprovable and refused any payment.

Legal disputes and reports

The insurer based its rejection on the statement of a second expert who made a claim without complete documentation and disregarding the available medical findings. After these setbacks, the client was forced to file a lawsuit because he could not make any progress without a specialized lawyer. The court then appointed an independent expert who contradicted the insurer and made it clear that the shoulder injuries were clearly attributable to the accident.

During the negotiation about possible previous invalidities and contributions to illnesses and disabilities, it emerged that the expert was unable to clearly distinguish between the two issues. The plaintiff's lawyer argued that the insurer was required to provide evidence regarding the contribution, which the court also recognized.

Comparison and outlook

After a heated legal dispute, HUK-Coburg finally offered a payment of €13,000, which the client accepted. This ruling highlights how difficult it can be for insured parties to enforce their claims. Private accident insurance companies often tend to avoid payments, particularly by denying causality and arguing for deductions due to previous disability.

Insured persons should not allow themselves to be intimidated by blanket rejections and, if in doubt, seek legal advice to enforce their rights. Further information about the challenges and claims for shoulder injuries in accident insurance can be found at schneider-law.de be read.