Legal Question in Personal Injury in Virginia

What are my legal options at this point? I was rear end 7/2010, and the insurer a young

adult was driving her father's 1996 Toyota that went underneath the back of my Toyota pick-up

truck. Luckily no damage, but a few days later I had some spasms to the lower portion of

my back from the accident. I went to the ER and they diagnozed the spasms from the x-rays

but her insurance company would not pay any of the medical bills claiming that since there was

no damage to my truck, than how could I have sustain a minor injury. I sent correspondence

to the VA State Insurance Commissioner and they wrote them a letter asking them about

the denial. GEICO wrote them back saying that since there was no damage they cannot

see how I sustained spasm to the lower portion of my back. They didn't even get the medical

records from the ER to review from the doctor wrote. Later on, I wrote a brief note on

a prescription form that the x-rays and the spams were related to the minor accident.

They still would not pay the medical bills repeating the same old statement of how I could

have sustained a minor injury with no damage. Many medical doctor's say that in any

auto accidents it takes several days before someone might feel pain due to the accident

itself. I want to know what are my legal rights, but I have been told that if I take this

insurance company to small claims court that they will request it to be moved to circuit

court which requires an attorney. The medical bills total about $2800. Since I am unemployed

to file in small claims court here in Chesterfield County, Richmond, VA would cost me about

$60 and I don't want to loose this money if they are going to move my case to a high court

that requires a lawyer to represent me. What are my options here?


Asked on 9/24/10, 6:19 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

First of all you would not be suing Geico but the driver who caused the

accident, but if the insurer sent lawyers to her defense in the case, they

would certainly move the case into the regular general district(jurisdictional limit $15K) court since lawyers are not permitted in Virginia to represent clients

in the Commonwealth's small claims courts.

However, without an attorney representing you in the general district court, your

chances of winning would not be terribly good (in my opinion). Nevertheless,

since you're currently unemployed, you might qualify for the assistance of

an attorney from one of the low cost legal services providers in your area

which might well be worth your looking into.

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Answered on 9/29/10, 6:48 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

You should get an attorney to help you on a percentage fee basis. Good luck.

Read more
Answered on 9/29/10, 7:58 am


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