Auto Insurance Claims: denied insurance claim, less than three minutes, spine specialist


Question
WAS IN CAR ACCIDENT(PASSENGER). HIT FROM BEHIND-CAR LEFT SCENE BECAUSE DRIVER IN MY CAR WOULD NOT GET OUT. NEITHER OF US HAD CELL PHONE-WAS ON THE WAY TO BUY ME ONE. WHEN CAR HIT US, NOT HARD, I FELT ROLLING IN NECK AND BACK. TOLD DRIVER BUT HE SAID,"HE WAS ALL RIGHT SAND CAR WAS FINE, SO EVERYTHING WAS OK". WE WENT AND I GOT PHONE. WHEN I GOT OUT OF CAR MY WHOLE BODY TINGLED INTENSIVELY BUT HAD TO GET SOME TYPE OF COMMUNICATION, DUE TO THE FACT THAT DRIVER SEEMED NOT TO CARE ABOUT MY INJURIES. THEN I WEN TO HOSPITAL. DIAGNOSED WITH WHIPLASH. I TRIED TO MAKE A REPORT WITH L.A.POLICE DEPT. BUT WAS TOLD I COULDN'T BECAUSE I WAS NOT THE DRIVER WHILE AT HOSPITAL WENT BACK TO WHERE I WAS VISITING AND HAD A TALK WITH DRIVER-REFUSED TO MAKE ACCIDENT REPORT OR GIVE INSURANCE INFORMATION FOR HIS CAR.HE SAID EX-WIFE CARRIED INSURANCE(CALL/FACEBOOKED/NO RESPONSE) FOUND OUT HE DID NOT HAVE LICENSE(CONVERSATION TAPED).I FILED A SR1 AND NO RESPONSE FROM DRIVER. WENT TO PHYSICAL THERAPY ONCE BACK IN LAS VEGAS(STILL IN PROCESS/REFERRED TO SPINE SPECIALIST).GOT A LAWYER IN LA BUT THEY DROPPED MY CASE BECAUSE OF NO INSURE FOUND.FILED SMALL CLAIMS SUIT AGAINST DRIVER SINCE I HAD NO OTHER OPTIONS. ONE WEEK BEFORE COURT DATE, FARMER'S INSURANCE CONTACTED ME WITH CLAIM NUMBER ON BEHALF OF HIS EX-WIFE, EXACTLY 6 MONTHS LATER. WENT TO COURT IN LOS ANGELES ON SUIT WITH DRIVER AND THEY FOUND IN HIS FAVOR. SAID I SHOULD OF GOT OUT AND GOT INFORMATION,EVEN THOUGH I FELT TEMPORARILY PARALYZED. I BELIEVE THIS IS BECAUSE HE WAS IN A WHEELCHAIR WHICH WAS NOT THE CASE SIX MONTHS PRIOR BUT I HAD NO CHANCE TO VOICE THIS(LESS THAN THREE MINUTES AT PODIUM).I GO BACK AND GET SAME LAWYER FROM BEFORE SINCE, I NOW HAVE INSURANCE INFORMATION AND WHO THE CAR IS INSURED BY. I NOW HAVE THE SAME LAWYER AGAIN BUT FIND OUT THAT THIS FIRM IS INCOMPETENT(NO COMMUNICATION, I DID MOST OF THE LEG WORK, AND THEY TOLD ME TOO CALL THE INSURANCE COMPANY MYSELF AND FIND OUT CERTAIN INFORMATION). I HAVE FIRED THEM RECENTLY. IT TOOK ME TWO WEEKS FOR THE TO SEND ME MY FILES.  THIS HAPPENED ONLY AFTER CONTINUOUS CALLS. I AM AT A PLACE WHERE I DON'T KNOW WHAT TO DO. I AM THE PASSENGER. THIS ACCIDENT HAPPENED DECEMBER 30,2010 AND I'M STILL STRESSED OUT OVER IT-BACK AND FORTH TO THE DOCTOR, LOS ANGELES(FILING,COURT DATES),DAY-TO-DAY FUNCTIONS, AND LAWYERS. LOOKING AT THE PAPERS THAT WERE SENT TO ME, IT SAYS THAT I HAVE UNTIL 2013 TO DISPUTE THE DENIAL OF THE CLAIM.  I CAN'T SEEM TO FIND A LAWYER LOS ANGELES(WHERE ACCIDENT OCCURRED) OR CALIFORNIA. DO I EVEN HAVE A CASE OR SHOULD I JUST LEAVE IT ALONE.  I HAVE MACULAR DEGENERATION AND BECAUSE OF THE STRESS MY SIGHT IS GETTING WORSE-CAN'T DRIVE AT NIGHT. MY HEALTH IS GETTING WORSE BECAUSE OF THE STRESS FROM THIS ACCIDENT AND THE PEOPLE I THOUGHT WERE MY FRIENDS.  WHAT CAN I DO?

Answer
From your description, it sounds like you sued the wrong party.  It appears the at fault driver fled the scene.  You sued your diver, who apparently did nothing wrong.  (if Inunderstand the facts correctly)

In this type of case, you would normally make a claim with the insurer of the vehicle you were in for Uninsured Motorist coverage.  They provide the same type of coverage that would have been provided by the insurer of the vehicle who fled, if you could identify them.

The other problem is it sounds like this was a minor impact with no property damage.  If that is correct, than most people who have difficulty believing it caused the severe injuries you are claiming.

At this point, your best option is to get a lawyer to handle your case.  If none will take your case, you may want to drop it.