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dhalf · Jul 17, 2007, 10:06 AM

I was rear-ended by another driver in an auto accident that obviously was not my fault, and thougth that the pain in my back and neck would go away after a few days, and have no health insurance, so I did not go to the emergency room at the time of the accident.

I did inform his insurance company that I had pain in my back and neck, but was going to wait to see if it went away, which it did, before seeing a doctor since I could not afford to see one and my state (VA) does not require my insurance policy to have me carry personal injury coverage for myself--only other drivers.

His policy is in MD, and does have PI coverage for other drivers, however it was a long time to get them to even pay to fix my car, because they an issue proving he was a resident of the state of MD.

After 2 months, they finally contacted me and said they had resolved the residency issue and would pay the claim and I was able to have my car fixed. I told them that during that time my neck and back had begun hurting almost daily and that I clearly needed to see a doctor. They asked why I had not gone and I told them that I did not have the money to go, since I was still unemployed and I believed they should pay for the medical bills for me to go to the doctor.

They said they would pay for all my medical bills, therapy, and pain and suffering, but only AFTER I go to the doctor and submit everything to them and they determine what it fair.

My problem is that I have no money to go to doctors to get this treatment, which will be very expensive--especially since I have osteoporosis and could have tiny fractures in my spine that will require major surgery to correct and will need a bunch of diagnostic tests (MRIs) to examine my neck and spine to look for these fractures.

Should I get a personal injury attorney at this point? The pain is getting worse every day and I am not sure what to do?

Thanks!

dhalf

ScottGem · Jul 17, 2007, 10:27 AM

You should have done this immediately. Ask his insurance company to recommend a doctor who will take an assignment of the insurance claim. Many doctors will do so. They will bill the insurance company, not you.

There were also other resources you could have used that would not have billed you.

dhalf · Jul 17, 2007, 11:42 AM

Thanks for the response. I did ask the insurance company for a referral to a doctor who would do this and they refused. Perhaps this is because it is the Maryland Automobile Insurance Fund (MAIF) and I am hearing they have a reputation for not paying claims of this type.

ScottGem · Jul 17, 2007, 12:11 PM

Then you will need to shop around, but even if you engage a personal injury lawyer at this point, you will still need to see a doctor. Unless the PI feels so strongly about the case he'll advance the money or knows a doctor who will treat you for a share of the settlement.

dhalf · Jul 17, 2007, 03:38 PM

Thanks for the advice. Your were exactly right. I talked to a personal injury lawyer and they were sure that since there has been a delay in treatment, the insurance company will use that to deny any claims.

They advised me to see if my doctor who treats me for the osteo would start treating me for this and to call Ashcraft and Gerel, since the case would most likely go into litigation.

Thanks so much for your help!