How do I ask insurance to cover full medical bills and pain and suffering in a car accident if MRI shows normal but I am still in severe pain? 15 Answers as of November 01, 2013

I was involved in a car accident about 4 months ago. I was rear-ended and hit a car in the front. I was "sandwiched" between 2 cars. Vehicle damages were not severe at all, rather minor. But I now have pain in the neck, mid & low back, shoulders, knees and ankles, occasional shocks down glute and thigh. The level of pain has reduced but it's lasting a long time, even with faithful weekly treatments. I have NOT taken an x-ray. I HAVE taken an MRI, but the result shows normal. It's getting to be 4 months and my doctor says my recovery time is taking longer than expected. No doctor can actually predict or state when my treatment will be over. But the opponent's insurance is offering a ridiculous low amount of settlement, which will only cover maybe 1/10th of my medical bills. I DO have an attorney but he can only do so much. With MRI showing normal in the lower spine, the auto insurance is having a hard time believing my level of pain and the long-term recovery time it's taking or will take. How or what can I do, provide, or demand to receive the fair settlement amount from the opponent's auto insurance? I've shown them my initial medical bills, and they do not "agree" with the high amount that is being spent on my treatments.

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David Hoines Law
David Hoines Law | David Hoines
Your attorney knows best.
Answer Applies to: Florida
Replied: 11/1/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You are probably being treated by a chiropractor who is providing multiple types of physical therapy on each visit, charging you a fortune, and NOT submitting your bills to insurance. This is a HUGE red flag. Your attorney should have explained that the insurance company would laugh at you (and him). You NEED to be evaluated by a qualified orthopedic surgeon ASAP. I'm NOT saying you need surgery. I am trying to explain that you need someone with credibility. More importantly, you need someone to explain the mechanism of your injury and pain. Endless physical therapy fixes nothing. Just because a radiologist didn't see something on your MRI doesn't mean that an orthopaedic surgeon would not be able to see it or require a repeat study.
Answer Applies to: Illinois
Replied: 10/25/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
These are hard times for claimants, and have been for the last ten or fifteen years. Yes, insurance companies do take advantage of every opportunity. We would not presume to second guess your attorney go with his advice.
Answer Applies to: California
Replied: 10/24/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
Let your attorney do his/her job. There is nothing for you. to do but co-operate with your attorney. In cases such as this, normally you should not consider settling the case until you are through with medical treatment. Then, your attorney can make a demand. If the attorney cannot settle the case, you have a right to a jury trial.
Answer Applies to: South Carolina
Replied: 10/24/2013
Belushin Law Firm, P.C.
Belushin Law Firm, P.C. | Vel Belushin
You need to contine speaking with your attorney who knows all the facts of your case.
Answer Applies to: New York
Replied: 10/24/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Your case is worth what damages you can prove to a jury. If the MRI is normal, you will have great trouble proving damages, despite your pain. You may need to find another doctor who can actually diagnose whether or not you have something wrong.
    Answer Applies to: Michigan
    Replied: 10/24/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    You have hired an attorney, and it is his or her responsibility to answer your questions and direct you in terms of how to manage your situation. Insist upon a conference with the attorney and ask for answers.
    Answer Applies to: Washington
    Replied: 10/24/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    You should talk to your attorney about this. He or she should be able to discuss a game plan with you that will maximize your chances of being made whole for your harms and losses. The fact that an MRI is normal does not mean you do not have an injury. All it means is that, whatever your injury is, it does not show up on an MRI.
    Answer Applies to: Iowa
    Replied: 10/24/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Have a consult by an expert in the medical field involved.
    Answer Applies to: Florida
    Replied: 10/24/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You don't. You have a lawyer. It is your lawyer's job to communicate your situation to the insurance company and try and get you a fair settlement.
    Answer Applies to: Alabama
    Replied: 10/24/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Once again I have to ask if this is really a Michigan question? For in Michigan it is YOUR vehicle insurer that will pay ALL your medical bills for crash related testing/treatment - it is NOT the @ fault vehicles insurer. So to say the offer "will only cover maybe 1/10th of my medical bills" would be an incorrect statement/consideration in Michigan. You would NOT pay medical bills out of any 3rd party pain & suffering settlement as your own insurer would have paid your medical bills. Meanwhile, if you and your attorney don't believe the 3rd party settlement offer is fair, don't take it and negotiate for a better number or start the suit if the facts/evidence will support your obtaining a better # either during the pendency of the suit and/or @ trial.
    Answer Applies to: Michigan
    Replied: 10/24/2013
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    Have this discussion with your attorney. Basically, you cannot "force" the insurance company to pay more than they want, and the insurer cannot force you to accept it's offer. If there is no agreement, then your option is to pursue litigation.
    Answer Applies to: Florida
    Replied: 10/24/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    YOU MAY BE OVERDRAMATAZING YOUR CASE AND INSURANCE COMPANIES KNOW THAT ALMOST EVERYONE WANTS TO OVERDRAMATIZE THEIR CASE. SO COOL IT. THE CARRIER WILL PAY FOR DOCUMENTED MEDICAL CARE. IF YOUR DOCTOR SAYS THAT YOU HAVE PROBLEMS FROM THE MINOR IMPACT AND HE IS WILLING TO BACK THIS UP IN COURT THEN YOU HAVE A FIGHTING CHANCE. BUT SMALL IMPACT CASES (LIKE YOURS) WHICH PEOPLE ARE TRYING TO AMP UP TO SOMETHING BIG, WILL BE IGNORED. Judge and jury will also ignore you unless you have strong medical testimony. And people who have genuine injuries often don't get well in four months. Nature takes a while to heal even with good medical careyour lawyer ought to know all this and more. have you talked to your lawyer? listen to him or her don't just try to hype him up.
    Answer Applies to: North Carolina
    Replied: 10/24/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    If you do not agree to the settlement amount being offered, you can always ask your lawyer to file a lawsuit. This will not guarantee that you will get more, but if you are looking for an amount that is too high, then the insurance company will feel more comfortable going to trial. Unfortunately, trial in these types of cases normally does not turn out good for the plaintiff. My thought is to do whatever you can to maximize the insurance company's offer. The question you have to ask yourself with any given settlement offer, is this: "If I reject the settlement, will I regret not taking it if I go to trial and get substantially less or even zero?" If the answer is "Yes," then you take the settlement. Sometimes, it's not necessarily an issue of getting compensated for everything you believe you are entitled to. It's more of a question of whether you want to take the risk of going further in the case.
    Answer Applies to: Texas
    Replied: 10/24/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Hire an attorney. You will get more money.
    Answer Applies to: Alabama
    Replied: 10/24/2013
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