Legal Question in Personal Injury in California

You can dispute what is an opinion which, at this point, has no legally binding effect.

You should hire a lawyer if you want to protect your rights.

I used to do claims and I understand how they think and insurance claims people only want to save money and not pay you what you are entitled to. Therefore decisions on liability may be arbitrary to favor their insured even if there is no basid to do so. That appears to be your situation here. I also agree that you should seek out an attorney to protect you. You do not have to accept their position. Additionally, many lawyers know doctors and treatment facilities who will treat you as needed on a lien basis as long as the lawyer is involved to protect their lien. I advise you to seek representation promptly so there is no delay in treating as gaps in time between the accident and receiving needed treatment will be interpreted by them as you not being hurt and they will argue that you would have treated if truly injured regardless of your lack of medical insurance. Bob Worth (818) 222-2433

Your basic problem is that you are unrepresented. Without a lawyer, the insurance company perceives you as weak, and in fact you are, because you can't really take them to jury trial on your own. That's the only thing they really fear: a jury. If your bills are low such that you can only take them to small claims, then they really have nothing to fear, and they will push you around using any excuse.

Having a lawyer on your side makes all the difference. With a lawyer, you can get access to better health care which improves the value of your case and therefore makes you a bigger threat. The best doctors won't take you on as a patient unless you have a lawyer vouching for the merits of the case. Also, with a lawyer you can credibly threaten to take them to jury trial, because the lawyer knows how to do that and has the resources to finance the trial--which can be quite expensive. Without a lawyer, you have no real leverage.

I don't know the details of your particular case, so it's hard for me to say exactly what you should do, except for one thing: you need to pick up the phone and talk to a lawyer. The consultation is free, so there is no risk to you. The information you can get through this website is great for starters, but it will not be sufficient. The bottom line: CALL NOW. If you would like to talk to me, you can reach me at (877) 546-6367.

Hello,

If you have been involved in a significant car accident and the % allocation makes a big difference, the only way to dispute it is to file a lawsuit and work up the case, where you will have the opportunity to prove that 100% of the fault should be on the other party. Of course, you should have legal representation, and your attorney should be able to advise you on the best course to proceed.

Thanks,

Arkady Itkin

San Francisco Injury Lawyer

http://www.sanfranciscoaccidentinjurylawyer.com