Rear-end Accident With Injuries

[Sherbourne]

I was rear-ended in May 2011 and have nerve compression damage from the accident. I have been in care since the accident. The insurance company says they will only pay $1000. and my medical bills total over $10,000. Can they deny medical payments if I have proof the injury is from the accident? What recourse do I have? I hired a lawyer who seemed to be on the insurance side more than mine, so I let him go. I lost my job because I could not work, was on Temp Disability for 3 months. My life has been turned upside down because of the pain. How can they deny payment legally?

ANSWER: The insurer's job is to investigate and evaluate your claim.  They will try to estimate what a judge or jury would award you if the case goes to trial.  Since they offered such a low amount, I can only assume they do not believe the medical care was necessary as a result of the accident.  In cases like this, there is usually a reason.  Was this a minor accident with minimal property damage?  Did you have a pre-existing medical condition?  If the answer to either is yes, then you will have to consider whether a jury or judge is likely to believe you or the insurer.  If the answer is no, then you should get a new lawyer and file suit.

---------- FOLLOW-UP ----------

The MRI I had soon after the accident showed a reverse curvature and a herniated disc due to the whiplash injury. The car hit my car with enough force to hurl the in-dash stereo out of the dash and strike the gearshift into low gear. My rear bumper was demolished and I had to place the license in the rear window. The other car had a crumpled hood and broken headlight from the impact. Don't insurance companies take into account elastic vs non-elastic conformity? I wrote my own demand letter asking for medical payments and outlining exactly what happened and the course of the events with my medical care. Do you have any suggestions what I should do? I've talked to a couple other lawyers and they say "not enough money in the case"

[Picaworth]

Personal injury attorneys take small dollar cases every day.  Many make their living on them.  I would contact more attorneys.  Check for referrals from friends/family and the local bar association. If you can't find one to take the case, what they are really saying is that they do not think you will win at trial.  

There are differing opinions in the medical community about some of the things you mentioned.  I am pretty familiar with the differing opinions.  Most medical experts say it would be highly unlikely for a rear end accident to cause a herniated disc because of the direction of forces.  In a rear end accident, the body moves backwards toward the direction of the impact.  Herniations are typically caused in one of three ways:  (1) slowly over time due to degenerative changes(2) an upward or downward force on the spine, like what happens if you fall from height and land on your feet, or(3)a direct blow to the spine with a hard object.

Now if you have a herniated disc before a car accident, the accident can aggravate the condition and cause nerve compression.  The liable party is responsible only for the aggravation, not the underlying condition.

That being said, based on what you described, $1000 seems like a very low amount.  Either the insurer is not reputable, or there is more to the story than I'm hearing.  

If you can't find a lawyer, you can always file a lawsuit on your own.  Do a lot of reading in advance of the trial to learn the procedures.  This is not easy, but it can be done.