Auto Insurance Claims: bodily injury claim denial, letter in the mail, pip insurance

Question
I was rear-ended at a 4-way stop and within 2-3 days started to suffer pain and discomfort from whiplash. Other driver admitted fault. I used my PIP insurance to cover medical bills so that I would not have to pay out of pocket and wait for reimbursement from other parties insurance co. In the meantime they sent an adjuster who gave me a check on the spot for the repairs to my vehicle and included the dealerships name on the check. My car has since been repaired for the $472.70 which is what the check was written for. My problem now is that I received a letter in the mail yesterday stating that they "do not feel this is an injury producing accident and therefore respectfully decline my injury claim". I am an honest, hardworking, law abiding American that would never lie about an injury (like so many people do in this world). The severe headache and neckache that I endured for 2 days was VERY real and it was on the 3rd day that I decided I should see a Dr. I went to a chiropractor who sent me for X-rays to rule out a fracture which she said was to satisfy the insurance companies. (We knew I didn't have a fracture but she legally could not adjust me until I had x-rays taken.) Once the x-rays were reviewed and it was confirmed that indeed I did not sustain a fracture she was able to treat me and adjust me, I walked in with a pain level of 7-8 and walked out with a pain level of 4-5 and over the past 2 weeks of treatments my pain level is down to 0-1. I realize my injury was minimal, thank God, however I expect to be reimbursed for the medical bills that MY insurance co. is covering with the coverage that I pay for as well as the time I have had to miss from work going to Dr's appts. I have not provided the other parties insurance co. with any medical bills yet because I was waiting to submit them all at once. What do you suggest I do? I already have a call in to the Claims Rep. noted on the letter but as of right now have not spoken to her to see where they stand once I advise them I expect to be reimbursed. I called my insurance co. (AAA) for advice and he said if they still deny my claim that I will have to take them to small claims court. I live in Texas by the way. This is ridiculous... please help!

Answer
Betsy,

It sounds like the insurance company made up their mind already. It sounds like they denied your claim for bodily injury. At this point, you can wait and send in a demand packet and see if they were joking or you can retain counsel to pursue the claim on your behalf. The laws of each state are different as to what needs to be documented to present a viable claim.

I would suggest that you retain counsel as it sounds like they denied the bodily injury claim based upon the low impact involved.

Best of Luck.

Marc B. Nussbaum, Esquire