My question involves an injury that occurred in the state of: California
Hello,
Back in February I was involved in a bit of a fender bender. The gentleman that hit me backed into me, causing about 1500.00 in damage to my car. I also ended up with a sore neck and headache, in which I received chiropractic care, for about 2 months.
His insurance company quickly paid for the damage to my car, establishing liability. I informed the adjuster that I had neck pain and would seek treatment. The adjuster advised me that I would have to go get treatment and then submit my bills and records after treatment had finished. She also informed me that there was NO guarantee that my bills would be paid--but the only way to even determine that was after treatment. Since I was in pain I went to the chiropractor.
After a couple of months of treatments, my neck pain and headaches were much improved. I told the adjuster that I was finished with treatment and she informed me that, in her opinion, I did not sustain any injuries and the bills would not be paid. This was without seeing any bills or any medical records. As I said in the beginning, she HAD mentioned that the insurance company makes no guarantee to pay any medical bills/pain and suffering--but that if I needed to seek treatment to go ahead.
Needless to say, the insurance company denied my claim for the bills. I even hired an attorney after the fact who agreed to take the case because she truly believed they were in error--especially after 1500.00 in damage that they had already paid for. Well, she submitted a demand letter and they again denied it, stating my injuries were not consistent with the accident. SO, at this time I have filed suit in small claims court and the court date is next month. I feel the most irate about the fact that the adjuster advised me to seek treatment--KNOWING she was going to deny me.
Any idea what to expect in small claims court? My attorney advised me how to fill out the paperwork, of course she cannot represent me though. It is my understanding that even though the suit names myself as plaintiff and the man that hit me as defendant--it is still a case against the insurance company? That the insurance company will most likely show up in court?
Thanks for any and all advice/information. I just did not expect it to get to this point and do not know what to expect!

