Legal Question in Personal Injury in North Carolina

Personal Injury

How can a Ins co say... Because of minimal damage to a vehicle. The Patient was not injured. Our Patient's some who have attorney's are not keeping their care. I have seen this more and more lately. I know Indeed the Patient's are having a Problem. It's happened to me. I work for a Chiropractor. I was intoduced to DC care as the result of an Accident. Please Clariify. Thanks

Asked on 9/16/08, 3:47 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
0 users found helpful
0 attorneys agreed

Re: Personal Injury

The first issue is whether this is first-party coverage (e.g. "med pay" coverage) or third-party coverage (e.g. liability coverage). The duty of the insurer to pay is basically greater if the coverage is first-party. I have personally had to litigate such a claim against an insurance company, which failed to pay for its insured's chiropractic bills. (I also alleged bad faith.) The mere fact that there is minimal damage is no reason to deny the claim. The minimal damage may, however, be a general indicator that a person was not likely to be injured. This has been a hotly litigated issue. The patient (and doctor) generally argue that everyone's body is different, and people can be injured even in a minimal impact. There is no hard and fast rule on this. The patient has to be aggressive and ultimately may have to sue the insurer (or the other driver) to get the bill paid, and a jury of twelve people may decide the issue. There may be some bias against chiropractors, but these days a lot of people have been to D.C.'s.

Read more
Answered on 9/16/08, 6:18 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in North Carolina

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Personal Injury Law and Tort Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now