Progressive not wanting to pay for an MRI

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Progressive not wanting to pay for an MRI

One of Progressives clients hit my car from behind at about 45 miles per hour in Aug of 2016. I have several Doctor visits with pain in my neck and shoulders. He finally in Feb sent me for a MRI where they did find a few things. I did not sue Progressive but just wanted them to pay my doctor bills and depreciation on my car and some for my time. They said they would not pay for the MRI because I waited 7 months before I had it. Do I have any recourse?

Asked on November 20, 2017 under Personal Injury, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your recourse would be to sue the at-fault driver (you sue the driver, not his/her insurer) for the cost of the MRI and any other medical costs or property damage not paid by insurance (and possibly for pain and suffering if you have suffered long-lasting significant life impairment, though doing this makes the lawsuit *much* more complex and expensive and may not be worthwhile; you could sue for costs in small claims court as you own attorney, but for pain and suffering, should really hire a lawyer and *must* hire a medical expert witness to examine you, right a report, and testify). If you can prove in court that that the cost(s) were directly caused by the accident, you can get a court order requiring the at-fault driver to pay, at which point either he or his insurer should do so.


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