If the insurance company is trying to deny my injuries, what can I do?

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If the insurance company is trying to deny my injuries, what can I do?

I was rear-ended while waiting at a red light. I have scoliosis and this back

pain from the car accident is new to me and hasn’t gotten better after 2 weeks.

I think it’s fair that the insurance company of the person who hit me hard

enough to stamp her license plate number on my bumper to pay for treatments like chiropractic, acupuncture, or massage therapy for pain relief so I can get back to my normal routine. I don’t want much, but they are offering me nothing for my back pain. Do I need a lawyer?

Asked on February 9, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you probably do need an attorney. If neither the  at fault driver (and if you were rear-ended, the other driver is almost certainly at fault; the law presumes that the rear driver in a collision like this is af fault, since she should have maintained a safe following distance and speed and paid attention, so as to brake in time) or her insurer will not voluntarily compensate you, your recourse is to sue the driver (you sue the driver, not the insurer). If you can prove in court--
1) Her fault, which you should be able to;
2) That the collission caused your injuries--that is, that they were not pre-existing and also did not arise after the fact, such as from a later accident or slip and fall; and
3) the extent, duration, prognosis, medical cost, etc. of your injuries
--you can get compensation for your back pain. But establishing that the collison caused the injuries (especially if you had *any* previous back problems) can be difficult, as can be establishing the exact severity, effect, cost of treatment, etc. for the injuries. Therefore, you will want an attorney to help you, especially since the insurer will certainly have an attorney.


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