Legal Question in Personal Injury in South Carolina

Rear-end by a negligent driver.

If I was rear ended with little damage to car, is that reason enough for my claim to be denied, because the adjuster determined I could not have been injured? I felt a jolt that caused headaches,and neck and back pains, I went to a chiropractor because I do not like medical doctors, because one doctor almost caused my death, so if I can avoid a medical doctor I will. I have a chiropractic bill a little over $l000. The attorney that toke my case was a friend of the adjustor, and she told me that she could no longer represent me, because I probably will only get enough to pay my chiropractor bill and a little in pocket for pain and suffering if any. Can you help me? Can I still sue the insurance company? Do I have a case?


Asked on 4/19/02, 7:07 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Rear-end by a negligent driver.

Insurance companies will deny a claim for any reason imaginable. They are in the busines of making money and anytime they have to pay out a claim it reduces their profit. Your problem is that number one, insurance companies will use the fact that there was little damage to the car to invalidate the injuries. This is typical. It does not mean that you cannot recover, it only means that your next attorney will have his/work cut out for them. As far as the chiropractor is concerned, they simply do not carry the same credibility in the eyes of the insurance company. Both of these problems can most likey be overcome by seeing a physician and having that doctor state in writting that your injuries were caused by the accident, regardless of the amount of damage to the car. Most people in your situation go to a neurologist for that opinion. Call me if you care to discuss this further. Robert Johnston 843 828-1137

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Answered on 4/20/02, 9:29 am


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