Legal Question in Real Estate Law in California

Car accident

My son was rear ended last Oct. 11, 2007. The adjusters found my son not at fault. He spent $645.00 for my car damage (car is under my name) which they paid, spent $695.00 from the Therapist doctor.

and denied to pay. Ther reason is that the accident had a very liitle impact and is not enough for my son to get injured and not go to the doctor. Question.. Is there any way for my son to recover the $695.00 he spent from the therapist? Since we already received a letter of denial.

Thank you for help.


Asked on 5/03/08, 7:04 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Car accident

Sure. Sue the person who caused the accident in small claims for the $695 plus fair compensation for pain and suffering, loss of earnings opportunity for the time he spent at the doctor being treated and traveling to and from, etc. The person who cause the accident is legally responsible to pay fair compensation for all of the damages and injury caused by the accident. Have your son testify that he was hurt, the nature of his pain and injury from his point of view, that he went to the doctor with these complaints and that the doctor examined and treated him for his injuries. Supeona a copy of the doctors treatment and billing records to court.

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Answered on 5/03/08, 8:22 pm
George Shers Law Offices of Georges H. Shers

Re: Car accident

Mr. Roth is entirely correct in this note, but it is worth the effort to have your son call the supervisor of the claims adjuster and tell him/her that you are upset about their attitude so either you settle or will sue them in Small Claims Court. Their insured will be upset that they have to go and waste half a day at small claims court [do have evening sessions if your son working] and claims will have to waste time opening a BI [Bodily Injury] file, talking to the insured, getting a copy of the medical records [see if your Dr. will give you a free copy], etc. If there is no time lost from work, your son had problems that cleared up within a few weeks, then that is the type of case the jury or judge will award the specials [out of pocket expenses] and a little for pain and suffering. Telling the supervisor you do not know much about the law but you have heard what they are doing may be a bad faith behavior as to their owned insured making them legible to him [often the defendant sells the case to the plaintiff].

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Answered on 5/04/08, 12:10 am


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