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  1. #1
    Izel is offline Junior Member
    Join Date
    Oct 2006
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    5

    Insurance company denying my medical claim....should I sue

    What is the name of your state? CA

    I’ll try to make a long story short…

    I was in a car accident last year 08/05… a car that spun out of control hit me and then hit a second car… the report states that he was at fault… I retained a lawyer and after many months finally the damage repair bill on my car was paid… However, I was denied car rental reimbursement because my lawyer advised me to sign a document in which somehow I only was requesting reimbursement for the car repair… I should also mention that the other person that was hit got 3 months worth of car rental fees reimbursed… I don’t know how that happened, I’m sure she had a better lawyer than I did.

    So now the insurance company is denying me medical claim and are only offering me a $1000.00 settlement… won’t even cover 1/3 of my medical expenses… The insurance company says that there should have not been medical expenses because the damage to my car was not severe ($1800.00)... the fact is that a year after I still have shoulder pain and I don't understand why they would deny me.

    My lawyer basically said that if I don’t take the $1000.00 they will release my case… I’ve tried finding another lawyer but no one wants to take my case… I guess the payoff is not big enough… my other option is taking this case to small claims court… which I didn’t want to do because that would mean I would have to take the person who hit me to court not the insurance company. I’m really confused on which route to go… any feedback would really help.

    Thanks,

    Izel
    California
  2. #2
    stephenk is offline Senior Member
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    Oct 2001
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    california
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    "my other option is taking this case to small claims court… which I didn’t want to do because that would mean I would have to take the person who hit me to court not the insurance company"

    You would never take the insurance company to court. Your only option, if you don't want what the other carrier is offering, is to file a suit against the other driver and owner of the car that hit you. Small claims limits are now $7500.

    Whatever you are awarded in small claims court would be paid by the other carrier anyway.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  3. #3
    Izel is offline Junior Member
    Join Date
    Oct 2006
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    5
    Thank you for your response... I appreciate the knowledge.

    Edited because I reread the post and the answers to my new questions where already there
    Last edited by Izel; 10-17-2006 at 03:04 PM.

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