Basic Information:
Auto accident occured 3/31/04 in LA County, CA. Back injury sustatined which had been dornmant for almost 2 years prior to the accident -- no doubt the person who hit me (from the rear) is @ fault.
Question: Obviously, I'm running low on time to either file in Small Claims Court, or accept the insurance company's settlement offer which covers the bare minimum of my medical bills (and only ONE week of lost wages rather than 4 months). Here's the problem -- After my medical bills had been submitted and their settlement offer had been given to me, my back was still giving me problems -- I revisited my orthopedist who wants an MRI done with talk of possible epiderals following. I do not currently have medical insurance to cover the MRI, and the company who's insured the at fault driver has not acknowledged my phone calls or mailing of the newest medical bill and the RX for the MRI. I don't know what to do -- the Statute of Limitations on this is almost up (less than 48 hrs before I need to decide to take it to Small Claims or accept their horrible settlement offer) yet the LAST medical bill has not been included in the offer, nor has the MRI RX been honored.
Due to this, does the statute still apply? Is there a loop hole that can buy me time to file to a higher court system rather than Small Claims, and allow me time to obtain counsel?
Fair or unfair unfortunately isn't the issue when dealing with insurance companies, of course they don't want to pay what's deserved if they don't have to, but the fact they haven't included the last medical bill, OR the doctor's request for an MRI, I don't feel like I should have to remain in pain simply because they don't want to pay for bills due to an idiot THEY insured.
ANY help in this matter is GREATLY appreciated -- even if I can buy a week, to get the MRI done (AND paid for by them) and get the other medical bill added on and to the settlement.
Thank you in advance.
~Heather

