My question involves an injury that occurred in the state of: CA
Hi. I was rear ended while at a full stop at a stop light. No obvious damage to fender on sight, but the at-fault vehicle went under my car (he was a scion, I am a lincoln towncar) and he destroyed the impact bar and shocks completely. I was taken to hospital in ambulance, my head hit the head rest twice and I could not turn my neck immediately. I had neck and lower back pain immediately. I've been rear ended once before, over ten years ago with the same issues, which resolved themselves with physical therapy, medication and shots.
Issue with my insurance: I pay 6 months at a time. I got an email from my insurance co. I went to the website, thought I paid, got an email from the company that said "my documents were ready to be viewed". I never thought anything of it again. I did not receive cancellation notices, I never thought to check my bank balance - I've not had issues in years. Evidently, they never took out payment and canceled my insurance. The DMV didn't even notify me, which happened to me once (erroneously) in 1998, so I know they notify drivers when insurance companies report lapses in coverage. (I am registered in AZ - go to school in CA).
So, I'm told that because my insurance "lapsed" I am not entitled to recovery for "pain and suffering" in CA, so I haven't followed up. I just keep suffering...no MRI's, no scans, no nothing. I can tell you I am using a heating pad almost daily now (accident was 3 months ago) and I am now having other problems. I've called a couple of attorneys that don't want the case because they say there is no recovery. I am afraid to go to doctors because I am afraid of being liable for bills (I have insurance by my insurer has tagged my payment method as "third party" for accident related issues).
How is it possible that someone could get hit - through no fault of their own, and not be entitled to any kind of recovery?? Is this true?? I'm not sure what to do...the insurance company of the other driver is trying to cut me a check for $500 for all medical bills (the er alone was over $5000) and I'm not quite sure how to handle this one - nor do I have the time to wade through all this myself. I'm in grad school and have an autistic son (single mom) and I'm in bed two or three days a week sometimes because of this....