At fault insurance company won't pay wage loss or medical bills because they think the minor accident doesn't add up to injuries

I was a passenger in a rear ending accident on April 11, 09. There was no police report and none of the people involved went to the hospital because we thought it was so minor. Little did I expect that I would be in the pain that I am in today. I ended up with neck and back pain and a lot of soft tissue damage. I've been seeking treatment from my chiropractor for these injuries.

I spoke with the representative of the at fault party and she informed me that I would not be getting compensation for wage loss nor medical expenses because they didn't believe the damage on the car resulted in the pain I was claiming to be in. I'm most definitely NOT faking the pain and I have plenty of medical documents backing it up. What do you think my next step should be? How much should I get?
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Answers (4)

George Pittman Patterson

George Pittman Patterson

Contributor Level 4
I am a Maryland lawyer but your situation is not uncommon. Insurance companies will frequently deny personal injury claims from accidents with low property damage. Unfortunately, the only way to effectively deal with the insurance company is to retain a lawyer. When I am retained to represent clients in low property damage cases with certain insurance companies I can tell them with certainty that a trial will be necessary.

Valuing a low property damage case is difficult because the value is whatever that particular judge or jury assigns to the case. With a low property damage case your attorney may not be able to procure a settlement offer that is reasonable. Judges and juries will award compensation in certain low property damage cases. I had one low property damage case where the insurance company offered $181.00 to settle the case and at trial the client was awarded over $18,000. Good luck.
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Elizabeth Taylor Herd

Elizabeth Taylor Herd

Contributor Level 7
I am not licensed in CA, and can offer you only general advice. You should know that the insurance carriers here in Florida often respond to claimants such as yourself in a similar fashion. While the research shows that property damage is poorly correlated with injuries, the carriers continue to look at claims in exactly the same way that yours was evaluated. First, you should continue seeking medical evaluation. You should also contact a local lawyer and determine whether your claim would be better received and evaluated with representation. It is very difficult to litigate a claim without representation. What ever you decide to do I wish you much success.

Betsey Herd
Tampa, Florida
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Kenneth Lewis Swenson

Kenneth Lewis Swenson Avvo Pro

Contributor Level 7
You should consult a personal injury attorney in your area. Many offer free initial consultations.
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Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
Hello. I am a California lawyer with about 34 years' experience in personal injury claims and litigation. TThree things are happening to you here. One: If you don't have a lawyer, they think they can stone wall you and you'll take either nothing or very little on a clear liability claim. Two: There IS in fact this insurance company prejudice against injury claims with slight auto body damage. Their "theory" seems to be that flesh is tougher than steel and so if the car was not severely bent up, you could not have been injured. Three: You have only gotten chiropractic care and insurance companies don't even consider them professionals. Have you had an MRI? What does your doctor diagnose as your problem? Did you ever have an injury to the same part of your body before this accident? How long after the crash did you get your first medical exam about this accident?

If you were expecting to be treated fairly, welcome to California Insurance Company standards for claims. I am pretty sure you have figured out by now they are not going to treat you right unless you get a lawyer to MAKE them do so.

I am located in the SF Bay Area and you can call me for a free consultation. I will listen, ask you some questions and then tell you what I think you should do. There is no obligation to use me. But whether or not your claim is worth making, depends on what your injuries were, and how well documented they are.

You can check out my website at http://Negligentdeath.com. You will find my contact info there as well. Good luck.
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