If you have medical insurance to cover the treatment, you should move forward with your treatment. If your attorney has not been able to find out what insurance coverage is available to the negligent third party, then a lawsuit should be filed and discovery sent out to determine the policy limits. You should also look to see what underinsured motorist coverage is available to you under your own policy.
If your attorney is not handling your case properly, you have the right to change attorneys at any time.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
You should concentrate on making yourself better. Your attoreny is trying to take the route that he believes is most prudent. If you do not believe that it is in your best interests, then get the medical work done that you need.
NOTE: This answer is made available by an attorney licensed to practice in the state of California. The communication is intended for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.
I think Mr. Kuhn's response is excellent and well reasoned. It sounds like your attorney is worried that the at-fault driver may have limited insurance, and does not want you running up large medical bills, and possibly get stuck with them. With that in mind, do you have medical pay coverage on your auto policy, do you have Medi-Cal, CMSP, or Medicare, or do you have private health insurance? These can all be used to obtain medical care, regardless of the at fault drivers insurance limits.
It is also possible that your attorney means well, but is being lazy, over worked, or not aggressive enough. I am not saying that, I am just saying it is possible.
I always advise you have a face to face meeting with the attorney, and respectfully but forcefully demand a status and plan of action for the case.
Chico Injury Attorney
Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. No attorney/client relationship formed.
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