QuestionI was rearended by a car on Nov 9,2009 while stopped at a stop light the other driver had a bike mount on the front of his car putting a hole in my car. I spoke with his insurance company two days later and informed that they accept liability and I would here from a agent for my car damage and a personal injury agent. I received a call from both and was told by the personal injury agent to make sure I keep all receipts and anything pertaining to my injuries. I then spoke with the agent for my car and have since been issued a check for the damage to my car in the amount of 820.00. I then received a call from the personal injury agent informing me that from the pictures she received of my car they will not cover my medical bills,lost wages or the pain and suffering that myself and daughter are still having. I really need some advise on what my next course of action should be.
AnswerRosa,
You've been put in a position that many people find themselves in when an insurance carrier denies their claims. Without a lawsuit, insurance carriers typically will not pay you for injuries that are not visible to the naked eye. I know that sounds strange... but if it's an internal injury and there's no broken bone or other outward evidence of an injury, then very they often take the "no pay" position - especially when you represent yourself in the matter.
I suspect their profit model anticipates that only a small percentage of people will actually fight them. They therefore don't have to pay the majority of these types of claims and thus make a lot more money. It's a simple strategy that they feel works. Every now and then they are taken to task by an attorney who hits them for a big number but I believe they think they make more money by denying our claims and fighting it out in court.
Another factor that they are considering is that your property damage is less than $1,000. The insurance carrier considers this a flag that it's a "low impact" collision and they probably told you that "there's no way you could be hurt". This is yet another reason why they will deny your claim. Even though the medical evidence is clear that low impact collisions can cause serious injuries they say that everyone is faking and no one is really hurt - it's a convenient argument that simply makes the insurance company more money.
You're only real choice at this point is to bring your potential case to an attorney and try to go after the insurance company in court. When someone comes to my firm I advise them to see a doctor immediately and have medical imaging (MRI, CAT scan, etc.) performed if that's what your doctor recommends. Keep track of all your doctor visits and try to build up as much ammunition to prove your injury as you can.
It's kind of sad that it has to come to this but there's not a lot of other options for you.
Best of luck, Ernest Ferraro
