Legal Question in Personal Injury in California
After falling at the store and hurting myself, the insurance company refuses to pay my hospital bills because it says on my record that i have a pre-existing pain on the part that was injured.Which is not true: the doctor who wrote the note made a mistake and refuses to change it.
My question is: will the health care reform about pre-existing conditions affect the insurance company's decision?
3 Answers from Attorneys
No. That rule is about purchasing insurance, not making claims, and it won't go into effect right away. Additionally, you're probably making a claim against the store's insurance rather than your own -- in which case the insurance police covers the store's liability rather than your health. A future rule change about first-party health insurance claims has no effect on a present third-party liability insurance claim.
Depending on the amount of your pain and suffering and your medical bills, you might consider either filing a small claims suit (limit $7,500), or retaining a good Beverly Hills accident attorney to handle your claim. (Sorry for the plug -- I used to have my office in Beverly Hills.)
Go to my website at www.slip-and-fall.net to read about these types of cases. I handle slip and fall cases all over the State of California.
Let me be frank, do you honestly expect the store to give you what you are entitled to without an attorney? The answer is they won't, and if you think they will you are wrong.
Call me for a free consultation at 800-816-1529 x. 1.
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