i was in an acc

[walkerboh4269]

What is the name of your state? What is the name of your state? ca

I was in an accident on 11/04/02 in a parking lot where i live. The insurance company of the other person who was at fault has payed for my vehicle to get fixed. But now they are saying that there is no way I could have been hurt in the acc. I went the doctor the next day and was proscribed some musscle relaxers and some other meds.I have just recently gone in for a mri as I still am having pain in back and the meds have no effect anymore.The adjuster has decided based on a acc reconstrution that says I could not possibly be hurt in acc.I have asked for a copy of this report and they refuse to give it to me.They have also never recived any of my medical records.There descion is based soley on there acc reconstrution. I really would like to see a copy of there reconstruion but the say it is a work related product and that they can not release it to me.Is this legal.

Thank You

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state? ca

I was in an accident on 11/04/02 in a parking lot where i live. The insurance company of the other person who was at fault has payed for my vehicle to get fixed. But now they are saying that there is no way I could have been hurt in the acc. I went the doctor the next day and was proscribed some musscle relaxers and some other meds.I have just recently gone in for a mri as I still am having pain in back and the meds have no effect anymore.The adjuster has decided based on a acc reconstrution that says I could not possibly be hurt in acc.I have asked for a copy of this report and they refuse to give it to me.They have also never recived any of my medical records.There descion is based soley on there acc reconstrution. I really would like to see a copy of there reconstruion but the say it is a work related product and that they can not release it to me.Is this legal.

Thank You

My response:

Yes, it's legal. Experts retained solely for consultation purposes (as opposed to those employed to testify at trial) are generally shielded from discovery. Their identity and reports are treated as "work product".

But, since you're the claimant, it's up to you to prove your case by showing your medical reports and expert reports (if any) to the insurance adjuster.

This is only one of the nasty little things that can happen to you when you represent yourself, and know nothing about the law.

Good luck, and get an attorney.

IAAL

 

[stephenk]

why are you getting a MRI? who recommended you get one? What kind of treatment and how long have you been treating?

What was the speed of your vehicle and the other vehicle at the time of impact? what type of vehicles were involved? what was your property damage amount?

These are the things that insurance adjusters try to know in order to determine if an injury claim is valid.

 

[walkerboh4269]

My doctor was the one who ordered the mri.I was actual parked and sitting in my car when the vehicle next to me driven by an unlicensed driver backed out of his parking space and hit me in the rear quarter panel.

 

[I AM ALWAYS LIABLE]

My doctor was the one who ordered the mri.I was actual parked and sitting in my car when the vehicle next to me driven by an unlicensed driver backed out of his parking space and hit me in the rear quarter panel.

My response:

In other words, low speed, low impact - - the equivalent of being jossled around a bit, as in a roller coaster. I have to be honest with you - - I wouldn't take this case myself, but there are some "beginner" attorneys that might be willing.

Quite frankly, unless you're 87 years old, I think you may have overtreated, and that's why the adjuster is giving you a hard time. Your case is, in my opinion, simply not worth the trouble.

IAAL

 

[walkerboh4269]

I understand that the acc was at low speed and low impact how I do have a preexisting condition in that I have scoliosis.Would change things at all?What if something shows on the mri?

 

[stephenk]

the problem would be proving that whatever your MRI shows is a result of the accident. Degenerative conditions are not caused by accidents. What did your doctor tell you as to why he/she wants you to get the MRI. What does the doctor think is causing your continuing pains?

Did you have back pains before the accident?

 

[walkerboh4269]

I never had back pain before the accident. The doctor at frist thought the pain was just from muscle strain. However when the pain did not lessen within a week and a half he sent me for the mri to see if there was something else wrong with me other just muscle strain.