My car was rear ended whilst I was stationary about 6 months ago, I went to Drs 3-4 days later as I had back, neck and shoulder soreness, dx as bruising from mva. Approx 3 wks later, was cleaning and reached under a bed and got electric shock sort of pain down back of arm and fingers went dead, went of to Drs again and was referred for an urgent CT. CT showed a large mass between and around C2/3, C3/4 & C5/6. Sent for MRI which showed a badly herniated disc and 2 smaller bulges which was causing severe spinal cord compression, Specialist said it was an impressive injury caused by impact and was suprised my symptoms so few. Said ok to work etc but to take it very easy and if symptoms worsened to go immediately to A&E as I could end up paralized. Symptoms got worse and signed off for 5mth
You should consult with a personal injury attorney immediately who may be able to help. If the doctor relates your disk problem and the surgery to the accident, you would have a viable claim against the owner and operator if te vehicle that struck you in the rear. No Fault companies are notorious for denying medical claims and treatment as "not causally related" or "pre existing" even if you never had a problem before. As long as they have a doctor to justify the denial, they do. It Is possible to file an appeal of the denial, or you could commence a lawsuit to seek payment of the bills and for your injury, pain and suffering.
If you don't have an attorney, get one now. Even if you had a pre existing condition the law protects you if the condition was activated/aggregated causing the need for surgery. What insurer is refusing to pay for the surgery, no fault? A lawyer should be able to clear this up quickly.
You owe it to yourself to contact a lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Your dilimena is not unique. Most people with spinal injuries from car accidents have degenerative spinal conditions. I'll take that one step further..., most people have degenerative spinal conditions. This the same game that all the insurance companies play. They send you to some Dr. who graduated last in his class for a three minute medical exam. Unless you walk in missing a limb, they either find nothing wrong with you or determine your condition to be pre-existing. Your options are 1) contest the no fault insurance company's finding ( through arbitration) ; 2) if you have private insurance, forget no fault and put it through your own insurance or 3) see if you can find a reputable surgeon who will perhaps take a lien against your personal injury case. Possibly a fourth option would be to borrow money against the case to have the surgery. What are the limits of insurance coverage on the vehicle that struck you? You have two of the four elements to make a strong case: 1) good liability; 2) significant damages. If you have 3) a defendant with a large insurance policy then the insurance company will most likely make a substantial offer on your case rather than go to trial on issue 4) which is proximate cause ( that the accident was a substantial contributing cause of your damages). My office handles such cases. Good luck to you.
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