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Legal Question in Personal Injury in California

Sep 11, 2013

Hello,

I had a minor accident on 2nd of June 2013, the guy admitted his fault, and his insurance payed the last payment of property damage on 12th of August 2013.($1976)

My wife had a headache right after the accident, and later that day she developed the lower back pain. We visited chiropractic clinic for the following two weeks after the accident, and her headache was gone, however her lower back pain still remains to this day. Doctor warned us that the headache may come back, and recommended to have at least 8 more sessions(4 weeks) to completely recover from injuries, but we had to stop the treatment, because we had no more money for it. I've tried to contact the bodily injury adjuster who handles the case for the whole month without success. Yesterday, September 10th, when I called, I decided to talk to anyone who's available, and the guy after hearing my situation, and my claim of $3880, he said my wife's injuries is too small for that amount, and offered me $1000. I refused. Two hours later I surprisingly receive the call from the lady who has never tried to return my calls during the last month, and offered me $1500, stating that this was her last offer. I refused again.

Now the position of the insurance is obvious, can I sue the guy who hit us in small claims court for $360, I already paid+ $520 (8 sessions, doctor recommended)+ and $3000 for pain and suffering? $3880 in total?

Thanks very much in advance!

Asked on 9/11/13, 5:38 pm

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