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Injury Claim Denied

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veggiegirl

Junior Member
What is the name of your state (only U.S. law)? CA

I was rear ended in November and I have had over 3,000 worth of medical bills so far. The woman's insurance company denied my claim but paid for the damage to my car.

I am working on demand letter for my medical expenses. Do I send that to the woman or her insurance? And if the demand letter doesn't work do I sue the woman ore her insurance? I am thinking small claims court.
 


Zigner

Zigner

Senior Member, Non-Attorney
veggiegirl said:
What is the name of your state (only U.S. law)? CA

I was rear ended in November and I have had over 3,000 worth of medical bills so far. The woman's insurance company denied my claim but paid for the damage to my car.

I am working on demand letter for my medical expenses. Do I send that to the woman or her insurance? And if the demand letter doesn't work do I sue the woman ore her insurance? I am thinking small claims court.
Click to expand...
You would sue the entity that CAUSED your injuries. However, I would suggest that you send the demand letter to BOTH her insurance AND her.
 
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veggiegirl

Junior Member
I tried to get an attorney to take the case but I did not have an unlike due to the low cost of the repairs to my car since it is 19 years old. A personal injury attorney told me to try the demand letter and take her to small claims court, if necessary.
 
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ecmst12

Senior Member
If you can't get an attorney to take your case, that's not a good sign. I'd talk to a few more, but it is NOT typical for an insurance company to just flat out deny an injury claim, not even offer you a token amount, when you submit bills proving you received medical care and the injuries are consistent with a car accident (back/neck pain, etc). So that tells me there might be some serious issues with your case.
 
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veggiegirl

Junior Member
I only talked to one attorney plus I haven't submitted any bills since I am not done with my treatment. They denied my claim right away without asking for medical bills.
 
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ecmst12

Senior Member
If you haven't submitted your bills, you haven't submitted a claim. Once you are done your treatment, you submit everything all at once and make one demand for payment. THEN you negotiate. You didn't submit any proof so that's most likely why you were denied. When your treatment is done, submit the documentation and demand properly.
 
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