Legal Question in Personal Injury in Virginia
I was involved in a minor automobile accident on 6/1/09 in a private parking lot (Kroger Supermarket) where another vehicle hit the car I was a passenger in on the rear quarter panel on my side of the car. We weren't going fast as we were headed to a stoplight. This happened around 1:00 p.m. As the day went on, my left side of my body started getting sore/stiff. My left shoulder where the shoulder and the arm meet started hurting. I went to the doctor the next day and he said I was suffering from muscle strain and a shoulder sprain. He sent me for some minor physical therapy. When I contacted the insurance company, the claims adj commented that the insurance company would investigate whether they believed the injury was due to the accident or not. I told him that my shouder did not hurt prior to the accident. He was very rude and obnoxious and he hung up on me. I have never been to the doctor for shoulder pain in that area of my arm. The doctor released me on 7/14/09 and I sent my doctor bills to the insurance company. The total medical bills were for $1224. He called me about 1 1/2 weeks ago and said they would offer me a settlement of $250 because they don't believe all the injuries are accident related. I did not have this pain until the accident on 6/1/09. I am still having some shoulder pain but afraid to go to the doctor until I get some legal advise.
I know I am entitled to the medical bills being paid from the automobile that was at fault. How do I proceed with this and is it worth the effort?
2 Answers from Attorneys
Sue the negligent driver who struck the vehicle in which you were a passenger in your local small claims court for your medical bills + an appropriate amount
for pain and suffering(at least equal to the amount of the medical bills).
I am not sure which insurance company you are referring to. If you had insurance on the car you were in then you probably have medical payments benefits ("med-pay") which will pay medical bills you received as a result of the accident, regardless of fault. Simply contact your insurance carrier and ask them. As for the other person's insurance carrier, they owe you nothing, their duty is to defend their insured--you may have to sue the other driver to collect what you are owed.
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