Insurance Adjuster:

[Mr 5 0]

Hi CupCake:

The insurance company's initial flat-out rejection of your claim is practically standard procedure. You will likely have to sue the other drivers insurance company to obtain a reasonable settlement for your personal injury claim. This is also almost 'standard procedure' and what clutters up our civil courts and keeps tort attorneys in yachts and new BMW's.

My suggestion is that you contact a 'personal injury' attorney and explain the situation in a consultation (probably with one of his or her aides). Bring the physicians letter and the MRI report with you. You will probably need another physician to 'read' the MRI and determine whether your spinal disc injury really was 'pre-existing' or occured as a result of the accident. Expect to have to pay for his services, which won't be cheap. Unfortunately, this is how the system works. That doctor will also have agree to testify in court on his 'findings', which, if this ever actually happens, will also be an expense you'll have to pay. However, the fact that a reputable physician will testify that your injuries are not 'pre-existing' may be enough to convince the insurance company to settle with you out of court.

Most of these 'personal injury' attorneys are real bulldogs and know how to 'play' the insurance companies and work the courts. Be aware that they will take 1/3rd of any financial settlement they are able to obtain on your behalf but they won't chage you a fee upfront, other than copying expenses and so on. A few hundred dollars, at most. If any attorney asks for more, leave. He's a con-man trying to take advantage of you.

Yet another word of caution: if the other drivers insurance company won't 'settle' with you out-of-court, it could take 3 to 5 years before you ever go before a judge - and even then, the insurance company attorney will probably settle the day of your trial. This happened to my wife some years back. She was rear-ended and has had spinal/neck problems, 3 serious operations and other related complications ever since the accident. She settled out of court (after 5 years of waiting) for what now looks like a paltry amount of money, long since spent, considering her pain and suffering, since. However, realistically, you can only expect to collect up to the other driver's policy limits on his auto insurance that cover medical bills and personal injury, often no more than $100,000. if its even that high. Any personal injury attorneys office can explain all this to you, once you contact them. The local bar association can give you a list of reputable personal injury attorneys in your area.

I wish you well, CupCake.