Any CA Personal Injury attys around to answer this??

by admin on August 5, 2010

I was involved in a motorcycle accident last month. I received several bumps and bruises and cuts and scrapes, but nothing major. I did not see a medical facility, because in the past I have broken my collar bone and was told there was nothing they could do – certainly, they can do even less for bruises and scrapes. So, rather than waste my time and money in an ER room, I didnt go. The other driver was 100% at fault, ramming me from behind at a stop sign…

Now, his insurance company claims that, since I have no medical bills, they have no way to evaluate my injuries, and as such, they refuse to pay me any pain and suffering money – they refuse to even begin negotiations from the point I began them at. Just a simple denial letter… I still have visible bruising to my right ankle and scarring to my left ankle.

Can Insurance Companies do this? Do I have a winable case for Small Claims action? Whats my next option??

THANKS!

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{ 3 comments }

hexeliebe August 5, 2010 at 7:04 pm

The answer to "Can insurance companies do this?" Is of course they can.

You had a duty to mitigate by receiving treatment. When you forwent that process, you weakened your legal options.

What you need to do now is make a claim with YOUR insurance company then sue the driver for any deductible you may have out of pocket.

As for pain and suffering, you have no documented pain and no documented suffering. It’s just that simple.

Lori B August 5, 2010 at 7:04 pm

Hex is exactly right. You may want to seek the advice of an attorney and if you have developed any areas of pain, if the collision was not that long ago you may want to start seeking treatment. The only way to have a bodily injury claim is to seek treatment and it is always best if you do it immediately. It never hurts to get checked out.

Kevin C August 5, 2010 at 7:04 pm

I think it’s to late now. You should have reported it to your insurance co. if you have insurance. If you don’t have insurance you shouldn’t be on the road. Was there a police report? In the future contct a personal injury attorney right away and if you don’t have liability insurance, get it. It’s the law!

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