At fault insurance company won't pay wage loss or medical bills because they think the minor accident doesn't add up to injuries
Hayward, CA
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Posted 6 months ago in Car / Auto Accident
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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? Answers (4)George Pittman Patterson
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted 6 months ago.
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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. Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 6 months ago.
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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
Kenneth Lewis Swenson
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