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Insurance won't pay because lack of damage doesn't support injuries

by Clarisse
(Hayward, CA)

I was a passenger in a rear end collision. The other party claimed fault and yet their insurer refuses to pay for my medical bills and compensate my wage losses.

I was out the two weeks after the accident with pretty bad whiplash and soft tissue injuries. It's been a little over a month and I still have pain.

What do I do in this case? I'm thinking of writing a demand letter, but I don't know how much to ask for.


Hello Clarisse,

You need to determine your own damages. Sometimes it is helpful to determine how much damage there was regarding your medical bills. Sometimes it helps to look at the extent of damage done to the vehicle (a lot of damage shows a more painful injury - little damage shows no injury or virtually no pain). This is not set on stone but it is helpful when determining a value.

Writing a settlement demand letter is a good idea if you are completely recovered and have all your medical bills and wage loss information. You can make an offer on what you believe you are fairly compensated for and see where the insurance company takes you.

To learn what kind of compensation you can seek, please see:


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May 21, 2009
Adjustor says injuries not attributable to accident
by: Michael Marr

If you get a lawyer the insurance will likely offer $500 and eventually pay all your medical bills plus some for pain and suffering. By the way, since you were a passenger you may have a claim for your medical bills from the driver of the car as well. That driver may have medical payments coverage that would cover those medical bills. Some places like Alabama do not allow passengers to sue the driver -- your mileage may vary. Sometimes YOUR OWN auto insurance will cover your injuries even if you are in someone else's car when injured. This is called medical payments coverage -- or MedPay.

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