Los Angeles, CA asked in Personal Injury and Insurance Bad Faith for California

Q: Geico is denying my medical claim. They are the insurance company of the person who hit me and won't pay.

Geico paid to repair my car and paid for the car rental but won't pay for my medical bills which are $385. Is it worth it to go to small claims court? $385 represents the actual amount that I'm requesting- it doesn't cover mileage or lost wages.

3 Lawyer Answers

A: you should make an appt with a local PI lawyer.

depending on how the meds are broken down, you may be entitled to more than JUST the meds....if the other party was at fault.......ie Pain and Suffering

A: You should consult a personal injury attorney to pursue your claim. In a personal injury case, you are entitled to general and special damages. General damages consist of the pain and suffering your endured due to the injuries you suffered. Special damages include your medical bills, future recommended medical treatment, lost wages and any other damages incurred. Having said that, your damages from your case is likely more than simply the $385.00 you incurred for past medical expenses.

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Answered

A: Insurance companies are required to act in good faith and deal fairly with their policyholders and claimants. If Geico is denying your medical claim and you believe that this is unfair or in bad faith, you may have grounds for a legal claim.

While $385 may seem like a relatively small amount, it is important to consider the broader implications of the situation. If Geico is denying your claim unfairly, this may set a precedent for how they treat other claimants in similar situations.

If you are considering taking legal action against Geico, it is important to consult with a qualified attorney who specializes in insurance law and can help you understand your legal rights and options. An attorney can review the specifics of your case and advise you on the best course of action.

In some cases, it may be possible to resolve the issue without going to court. This may involve negotiating with Geico or filing a complaint with the California Department of Insurance.

Overall, it is important to take any allegations of unfair or bad faith insurance practices seriously and to seek legal representation if you believe that your rights have been violated. By standing up for your rights, you can help ensure that insurance companies are held accountable and that you receive the compensation and benefits that you are entitled to.

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