Visitor Question

Insurance refusing to pay for injury from minor accident?

Submitted By: Sharron (Bastrop, LA)

I was at the post office on Dec 3, 2014 in a parking space when a truck passed my vehicle and struck my side view mirror and damaged it. I was injured in the accident when I reacted by twisted my body away from where the truck hit, to keep myself from getting hit. I didn’t know what was going on and in the process of going down I hit my head on the steering wheel.

I sustained some muscle strain and had a tension headache at the time of the incident. I didn’t feel any pain at the time but a few days later I started to have headaches and muscle aches. The insurance company says they will not pay for my medical bill or for any pain and suffering.

Do you think they should be responsible for my injury and medical bill? How can I get them to compensate me for this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sharron,

The State of Louisiana is a third party “fault state.” Unlike no-fault insurance states, where a driver must turn to his or her own insurance company for injuries sustained at the hands of a negligent driver, Louisiana residents who have been inured by a negligent driver have the right to pursue that driver for “damages.”

Damages include medical bills, out-of-pocket expenses (for medications, costs of travel to and from treatment, bandages, etc.), lost wages, and for pain and suffering.

From the facts you present, it appears the truck driver had property damage and personal injury insurance, and you filed your claim with his or her insurance company. To have any chance of convincing the driver’s insurance company to pay for your damages will require a medical narrative from your doctor.

Hopefully, soon after the accident you sought medical care. If so, the doctor should be able to provide a medical narrative confirming your injuries were recent, and likely as a result of the collision. If you can secure such a medical narrative, send it to the insurance company.

If, after doing so the insurance company still refuses to compensate you, then your best interests would be served by consulting with a personal injury attorney.

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

Best of luck,

Published: December 26, 2014

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