Legal Question in Personal Injury in California
settlement advise
A few months ago, my car war rear ended at a red light and I suffered soft tissue injuries and neck pain. The other person's insurance is offering to pay my out of pocket expenses and general damages. The total amount is $1606.
Six weeks after the physical therapist released me from care, I returned. The insurance company is not willing to pay for these visits. Total of $420. Their reasons are
1. Time gap
2. I did not return to the physisian to get a referal
3. I requested the physical therapist.
My request to reconsidder their offer was refused. Is there anything I can do?
5 Answers from Attorneys
Re: settlement advise
The advices of other counsels are right on point. The claim adjusters of insurance companys no matter where and when you received your treatments would make unfounded arguments that the treatment was either too late, unnecessary, too expensive....etc. and you be better off to let an experienced attorney to deal with them. So if you haven't retained a attorney, call my office.
Re: settlement advise
You are trying to act as your own attorney, which is extremely foolish. If your case is as you describe it, it is worth much, much more than $1606. But it is unlikely you will see $1 unless you retain an attorney -- and nearly all attorneys, including me, would very probably take your case without charging you a fee until the case settles. But there are legal time limits that can bar your right to recover. Please, pretty please get a lawyer -- LawGuru's pages are littered with the sad tales of people who didn't.
Re: settlement advise
Michael Stone is correct. It is very sad that people try to circumvent the experience of an attorney in order to save money then get screwed by insurance companies. Save yourself a headache. Either contact Mr. Stone or my office, which ever is more convenient for you and either one of us will be glad to answer any further questions. Otherwise, good luck.
Re: settlement advise
Sue. The insurance company will never, I repeat, never offer fair value for a case. The adjuster is paid to convince you that you are entitled to less. Time to wake up. Sue or smile when you get that screwing. You may not do much better when you sue after attorneys fees, but, at least you'll have the satisfaction of knowing the SOBs have paid more.
Re: settlement advise
You should talk to an attorney or attorneys. Your case may or may not be right for an attorney or for small claims court. It is impossible to get enough details here to tell you the right way to go. But, the insurance adjuster is not your friend and will not offer you fair value for your case until you are armed with facts. You can get more information about the process at www.calpiblog.com or www.personalinjurypodcast.com
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