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I was rear ended in a car accident. Should I pursue this in small claim’s court or would it be better to higher a lawyer?

Asked about 3 years ago - Severna Park, MD

I was rear ended in a car accident. There was no property damage but as a result I had to have several physical therapy treatments. The at fault insurance company told me that I would need to cover any medical cost upfront and they would settle with me once my treatments were complete. I used my personal health insurance. Now the at fault insurance company is only offering a fraction (less than half) of what the actual medical cost are due to there being no damage to either vehicle. It would seem that even though I went through my medical insurance company that they should be responsible to cover the actual medical cost and pain and suffer. What are my rights in such a case? Should I pursue this in small claim’s court or would it be better to higher a lawyer? Would I sue just the insurance company or the driver as well? This occurred in Maryland. Thank you

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Attorney answers (2)

Judy Greenwood

Reputation Level 8

Answered about 3 years ago. Medical Malpractice Attorney in Philadelphia, PA.

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You are probably better off getting an attorney to help you with this. There are limits to how much you can
claim in small claims court. Once an attorney is involved the insurance company may be more willing to
negotiate. It makes sense to wait until your treatment is completed to try to resolve your case, since your
injury may be end up being worse than you think it will be.

Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.

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Afshin Pishevar

Reputation Level 8

Answered about 3 years ago. Criminal Defense Attorney in Rockville, MD.

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When you have a case, especially one in the Court, you better hire a lawyer. Not just any lawyer, you should seek an Experienced Trial Lawyer. The rules and procedures in the Courtroom and in the proceedings that lead up to the Trial are so complex and arcane that most lawyers are confused by them. A lay person does not ordinarily stand a chance. You don't even know what you don’t know. See the Link below for a brief article on the subject.
GOOD LUCK!!
-AP

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