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Can I still get medical compensation if the pain keeps coming back?

City Of Industry, CA |

in December of 2011 I was rear ended on the freeway, I went and got treatment for 3 months from a chiropractor and the other party payed for everything, but just recently in the past month my back has been hurting severely all over again. Is there anything I can do. The other parties insurance company told me that there client has already maxed out there medical compensation.

Attorney Answers 7


  1. If you signed a settlement and release agreement, then no, you cannot get any more money or sue the other party.


  2. Mr. Tashkjian is correct. If you signed a release, then it's a done deal. If not, then you might be able to proceed further on your claim. You should call a personal injury attorney fo discuss further.


  3. There are several different ways to approach your problem. The person who hit you may have "maxed out" their medical compensation but you may still look at your own medical payment benefits through your insurer or PIP if you have it and you may obtain treatment through your health insurance plan if you have it. Those insurers will likely request reimbursement, called subrogation, when you settle your case. However, you are able to obtain the treatment you need in the mean time. You should talk to a California personal injury attorney to help you through these issues.

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  4. Saying the "medical compensation is maxed out" doesn't make sense. The minimum policy limit for bodily injury liability in California is $15,000, which includes both medical and pain and suffering. Having said this, my colleagues are correct that if you signed a release, you will not be able to get anything more.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  5. Doesnt make sense. The other party wouldnt be paying your bills out of medical payment coverage. Also, it is rare that the liable party's insurance co advances payments to claimants. Normally they want a release. Are you sure it is not your own ins co med pay that has been exhausted? If so, you can still pursue the responsible party and his ins. See a local lawyer asap to sort this out.


  6. We don't have enough information here. It doesn't sound like you released your claim, but if you did sign a release in exchange for money paid to you and your medical providers, you would have no claim left. Also, if you settled your claim, you can't come back later. That's part of the problem with settling quick; you just may not know what you need to know. But I also don't understand who the people are here. An insurance company's "client" cannot exhaust his liability coverage as to you. But it is a little confusing based on what you have provided here. Give us more details and we will be happy to give you more help. Good luck.

    The answer provided by counsel in the AVVO forum is not intended to create an attorney-client relationship. The information is opinion only and given free of charge without full understanding of all facts and the law applicable to any question-poster's individual circumstances. The best advice is to take the question from this volunteer forum to a more formal communication with a practitioner in the specialty area indicated by the nature of the claim.


  7. I agree with the responding attorneys. There are details in your case that may need to be sorted out in a legal consultation. You will want to discuss this with a personal injury attorney to discuss your legal options. I have fought against insurance companies for over 20 years to protect the rights and best interests of my clients. I hope that I can be of service to you.

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