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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption