Auto Insurance Claims: HELP!, stress fracture, lower back pain

Question
I was out of town to go shopping with my sister on March 21, 2009,  while at the mall we were crossing at a cross walk when I was hit by a car.  The driver appeared to be stopping at the stop sign when we began to cross the road but stated she was only slowing down to look for parking down the intersecting street.  The driver ran over my sisters foot and hit me.  I landed on the hood of the car.  An ambulance was called as a precaution although neither of us had any visible injuries.  We both got checked out by the paramedics and they advised us to visit with our normal doctor if we had any issues the next day.  No major injuries.  The next day I was very sore! Neck, back, lower back/tail bone area and right hip.   I could not see a doctor or chiropractor the next day because it was Sunday but I made an appointment first thing Monday.  I was treating for hip and lower back pain from March until approximately August 8, 2009.  My chiropractor then released from treatment and no settlement was made.  About a month later I went back for treatment because my lower back was persistently still bothering me.  My chiropractor then ordered x-rays to see why the treatment was not working.  It appears that my lumbar 5 was either never formed correctly and did not fuse together properly or I had previously had a stress fracture.  The car accident aggravated this injury that I have never before experienced pain from.  My chiropractor told me with this type of injury it is common to experience no pain until there is a trauma to the area.  I work at a bank as a teller and stand 8 hours a day.  I have been cooperative with the insurance company and had hoped to settle on my own.  Today when I spoke with the representative she basically told me that my treatment is excessive and they most likely will not cover all the medical expenses.  I don't feel I should have to pay for any of these bills that are due to being hit by a car!  I do not want to stop treating until I am back to 100% no pain.  How I was before the accident.  I cannot do some thing I used to anymore.  I cant wear heels or go dancing without having pain.  I also enjoy exercise and certain exercises now cause me pain that never did before.  Is my only option to get a lawyer and sue?  I need help!  

Answer
Hi Joslyn,

The first thing you have to realize is that the insurance company has no interest in treating you fairly. The adjusters job is to find reasons and excuses to minimize your claim. One of the common excuses is to say that your treatment was excessive and to claim thay are not going to pay for all of it. Once they get all of the medical records from your Chiropractor and see that he has stated that this is an aggrivation of a pre-existing condition, they will try to further reduce the claim stating that their driver did not cause this problem but only made it noticable. The adjuster does not care about you or your pain one bit. Their ONLY concern is to close the file as quickly as possible for as little money as possible.

Yes you should seek the advice of an attorney. A good attorney will know how to best combat the nonsense the adjuster will try to throw your way.

I hope this helps
Richard Hixenbaugh