Legal Question in Personal Injury in California

Insurance Claim Settlement

I was injured in a car accident on 09/05/03. The insurance company accepted the claim, they fixed my car right away, and they knew I was in therapy. I dropped the original chiropractor and went to my personal doctor. My personal doctor sent me to therapy (neck, back, and TMJ) and to a counselor for Post traumatic stress. My doctor eventually put me on work disability do to my depression. I eventually quit my job of several years to avoid driving to work. Up to this time, mostly everything was covered by my insurance. Since quiting my job, I only see a chiropractor when I can afford to for I'm stil in pain.....it is now affecting my right arm and leg. I recently send a letter to the insurance (Around the end of August of this year--next day air) with a list of all my providers and requested to be reimbursed and they sent me a letter stating that they receive the information after the 2yrs. They are offering a settlement of 2k, but I know my expenses were more than that. Should I get an attorney? Please help!


Asked on 9/15/05, 8:19 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Insurance Claim Settlement

You didn't file a lawsuit within two years, so you have missed the Statute of Limitations (SOL) so you are (drum roll) S.O.L. Probably your own health insurance will also come after you for the money you should have collected from the other driver's insurance company. That insurance company knew the law better than you did! Next time consult an attorney immediately after an accident instead of trying to be your own attorney -- you committed legal malpractice against yourself.

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Answered on 9/21/05, 2:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Insurance Claim Settlement

Mr. Stone doesn't mince words. I'm sorry that this happened to you. You also might have been able to ask your workplace for reasonable accommodation for your injury and, when you return to work, you should do the same. It seems that since the statute of limitation has run, the 2k would be a gift.

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Answered on 9/21/05, 4:12 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Insurance Claim Settlement

I have not read the other attorney responses. Why are you doing this case without a lawyer? Check out my website: www.thepersonalinjury.com and after reading the website, give me a call for a free consultation.

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Answered on 9/21/05, 4:43 pm


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