My wife was involved in a minor car accident, how do we not lose the lawsuit?

Question

My wife was hit by another car on the freeway at very low bumper to bumper speeds. The damage was very minor and the other parties' insurance paid for it. However my wife being a small asian woman had backpain from it. She had to see a chiropractor. Our own health insurance kept giving us the run around for some personal care. We are suing the other party in small claims because their insurance refuse to pay for the medical. We're only suing for the chiropractor bill, no pain, no suffering, no lost of work, just the bill which is about 2,000.

Our lawyer makes it seem like it's a sure fire win...is it?

Answer 1

call a lawyer if they want to play games show them you will they have to pay now get them for every thing because they made you get a lawyer call them tell them if they wont pay you what you want by the end of the weak you will get a lawyer on it they will settal

Answer 2

Need more info...how much damage?  What type of vehicles?  Has your wife had any previous injuries or chronic problems?  Let your attorney take care of it if you've already retained him.  If the insurance company refused to pay it will go to arbitration or a mediator.  Just a note, if you have to go to court your attorney will charge you more, so you may come away with less than you thought you would.  Low impact claims are what makes everyone else's insurance skyrocket; along with uninsured motorists.

Answer 3

You definitely need to be reimbursed for medical bills.  She should also sue for loss wages and pain and suffering.  I am going through the same thing right now.  My car was totaled and I have neck and lower back spinal damage.  I have a lawyer and I am getting the maximum amount that I can because I have been suffering for 7 months.  You have a sure fire win and you should get more then what you are asking.

Answer 4

not much more that you can do at this point your actually not greedy and it sounds like with the lawyers help yea you got it clenched

another step that you can do is get a testominial on the severity of the backpain form the chiropractior that is if the lawer hasnt already done so

goodluck

Answer 5

You need to provide the details of the accident.  Was she rearended?  Why is your insurance giving you the run around?   Perhaps you live in a No-fault state where PIP coverage is mandatory.  If that is the case, your medicals need to be paid by your auto PIP coverage.  

If you have an attorney, why are you asking Yahoo?  Shouldn't your attorney be able to provide you with this info?

Answer 6

From my experience in small claims court there is no such thing as a sure fire win. I have had cases I thought I was going to lose end up going my way and I have seen cases I or our policyholders  should win go right down the tubes.

The main key is preparation. The other insurance company will be sending a lawyer to assist the other driver so your lawyer better be on top of their game. Since your lawyer hopefully knows your local court system and how to best prove that the bills were medically necessary AND related to the accident.

The biggest problem you will have is trying to prove that 2k worth of chiro treatment is legit from a very minor impact. If your wife truly has very minor bumper damage then the 2k seems excessive to me.

Good Luck

Answer 7

If there were a way to "Not lose the lawsuit", I imagine you would already know about it.

Answer 8

It will be a miracle if you get ANY money from this. $600 in damages and a $2000 chiro bill?? Gimme a break. No insurance company in their right mind would pay that. Why didn't your wife go to a real doctor?

Remember, the insurance company is going to send their lawyer to court also -- he/she handles hundreds of these two-bit lawsuits each year and he/she is NOT afraid of your lawyer.