Insurance denying medical bills since only minor vehicle damage?

by Angela
(Greensboro, NC)

I was a passenger in a minor rear end collision. We were at a stop light and the other driver was not paying attention and rear ended us. The car was not badly damaged however we did sustain minor aches and pains. The driver and myself both went to the ER to get checked out that day.

The insurance company does not want to pay the ER expenses, or for the time missed from work (the day of the accident). Because the accident was very minor and there are minor expenses we assumed it would be handled with no additional stress and strain.

The insurance company says the car damages are only $22.00, so they will not pay for the medical bills or time missed from work due to the accident. Should we contact a lawyer to handle the case? How do we get the insurance company to cover these reasonable expenses? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "Insurance denying medical bills since only minor vehicle damage?":

Angela (Greensboro, NC):

You are in a difficult position. With damages to your car valued at $22, the collision was apparently quite minor. While you and your driver had every right to go to the emergency room to be checked for injuries, the at-fault driver’s insurance company had every right, based on the minimal damage, to deny your claim.

Because of the minimal damage to your car, and the lack of serious injuries, you will likely not be able to find an attorney to accept your case. Your only recourse at this point is to file a lawsuit in one of North Carolina’s Small Claims Courts.

North Carolina’s Small Claims Courts have a $10,000 jurisdiction, meaning the maximum amount you can sue for is $10,000.

To file a Small Claims Lawsuit in Greensboro's Small Claims Court go to:

201 S. Eugene St
Greensboro N.C.

Go to Room UG-11 and complete the Small Claims Lawsuit Petition. The Small Claims Office is open Monday through Friday from 8 a.m. to 4:45 p.m. To file your lawsuit will cost $65, and to have the defendant driver served with the lawsuit by the Sheriff's Department will costs an additional $15.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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