Scan Medical Insurance

Anyone know anything about California law pertaining to Pain & Suffering settlements??

Hi, thanks for the responses... I was involved in a motorcycle accident last month. I received several bumps and bruises and cuts and scrapes, but nothing major. I did not see a medical facility, because in the past I have broken my collar bone and was told there was nothing they could do - certainly, they can do even less for bruises and scrapes. So, rather than waste my time and money in an ER room, I didnt go. This also saved the other guty's insurnace company medical bills... He was 100% at fault, ramming me from behind at a stop sign... Now, his insurance company claims that, since I have no medical bills, they have no way to evaluate my injuries, and as such, they refuse to pay me any pain and suffering money - they refuse to even begin negotiations from the point I began them at. Just a simple denial letter... Can Insurance Companies do this? Deny your claim based upon no medical bills? The other guy had a broken collar bone and separated shoulder, and I had $3K damage ...$3K damage to my bike alone - obviously, any reasonable person can agree that I would have sustained a few minor injuries in this accident... What says you? Dolphingirl - you obviously know nothing regarding laws pertaining to pain and suffering. I was injured - the severity of the injuries is what is at issue here. People collect pain and suffering money for the most MINOR of injuries. So, thanks for your OPINION, but I was looking for FACTS.

Public Comments

1. Of course they can deny your claim based on no medical bills! That means there IS NO CLAIM!!! if you didn't go to the hospital, and you yourself said there was no major injuries, just a few "scrapes and bruises", why do you think you should be collecting money for medical???? Gimme a break. The bike is another issue, that falls into a different category of insurance, and you should be able to collect for that, as long as it was documented properly. But trying to collect for pain and suffering, when you didn't even have to go to the hospital, sounds like you're trying to take advantage, like the rest of the sue happy idiots in this country. Sorry to be harsh, but that's the truth. No injury=no money. Stick to tryng to collect for your bike only...and don't be so greedy! It's not opinion, it's fact...like the guy below me, and as I said b4, no medical bills = no claim. If you think you're going to collect when you didn't even have the sense to go to the hospital if you were so injured, then you're the one who knows nothing.
2. Pain and suffering is based on injuries. Injuries are defined, here in the US, by medical professionals. Your failure to see a medical professional and document your case will most likely negate any possible pain and suffering payment. They are acting like ANY OTHER INSURANCE COMPANY IN THE US. No medical bills . . . . but you want pain and suffering? Obviously, you didn't have any serious injuries - serious meaning, requiring medical treatment. It's obvious because, you didn't have any medical treatment. Sorry, you don't have a chance. You can go to the doctor now, but you're likely to pay the bill yourself, as one whole month after the accident the onus will now be on YOU, to prove that whatever injuries the doctor can document, came from THAT incident, and not something else that's happened in the meanwhile. Yes, they can do this. YOU didn't have $3k in damage - your bike did. And they should have paid that.