Legal Question in Personal Injury in New York
Can I sue insurance company for denial?
Dear attorney,
The other day,I went to see a neurologist as per my surgeons instructions.I give her my insurance cards and she tells me that these are secondary payees,according to my insurance carriers.It is true that in a no fault state the auto insurance is primary but they denied me since 10/05 stating that I have only sprains and can return to work.Since then I have had lumbar surgery and the possibility of cervical surgery arises,if the facet joint injections don't work.I was also diagnosed with myofascial pain syndrome in my neck and shoulder and my left leg cannot raise significantly off the ground.
We are going back and forth and she tells me that I cannot see the doctor.I call up my insurance and they are of no help.I have the secretary call the doctors' office and have them explain to this woman that I have been under his care for over 6 months and they have no problems receiving payments.This was reiterated to the assistant and she says that I can now see the doctor.By the time I sit down in his office,I am literally in tears and cannot think straight(I have been having memory lapses lately and trouble with concentrating but nothing like this).I have been in a daze ever since withtension headaches canI sue
6 Answers from Attorneys
Re: Can I sue insurance company for denial?
There is a lot of information ommitted from this question. Were you sent for an IME prior to the denial? What was the reason stated for the denial? Have you commenced an arbitration to recover the cost of the denied bills?
Why do you refer to secondary payees? It is irrelevant unless the policy limit is acheived.
Re: Can I sue insurance company for denial?
When you received the denial of claim you should have contested it. You may still be able to do so. Seek advice of NY counsel familiar with auto no fault law. Good luck.
Re: Can I sue insurance company for denial?
You need to have an attorney help you with this. If you don't have one, please feel free to contact me as we are a large plaintiff's only firm and work on contingecy.
Re: Can I sue insurance company for denial?
There are differnet issues that come into play..one is the denial, then there is your own private insurance, then the possibility of third-party coverage.
Feel free to contact me at the main # at 8782163 number in the 845 area code for a free phone consultation.
Good Luck
RRG
Re: Can I sue insurance company for denial?
The true question is: what will help you win, what are the chances to win when the legal system itself abhors the violated (for being in the wrong place at the wrong time) to favor violators, and how many years of legal torture can u bear to learn your legal lesson if u fail to win. Ur initial 15 min. free call to 718.233.6226 will help you judge what is and who is best for you. Thanks. LKJESQ
Re: Can I sue insurance company for denial?
Can you sue. Yes of course you CAN but the real issue is who SHOULD you sue if anyone. How did the initial accident occur. when did it happen. what was denied and for how long. With the answers to these questions an attorney that specializes in Auto cases can tell you what you SHOULD do very quickly and for free. Call such an attorney right away because time is a crucial factor for these matters. Call me if you would like my help in finding an attorney in your area capable of helping you.
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