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Insurance Company Attempts to Deny Treatment Recommended by Doctor

Posted on behalf of Arnold Law Firm in
reviewing insurance documentsPrior to late August 2016, Daisy was an active retiree who enjoyed tending to her vegetable garden and bike riding with her 10-year-old granddaughter.  On her way to pick up her granddaughter at school, Daisy was waiting for a safe moment to proceed through a right turn at an intersection with a red light. Suddenly, a small Ford SUV rear-ended her Ford Fusion sedan, hitting her vehicle hard enough to cause $7,000 of property damage. Daisy was disoriented and dizzy from the impact, with head, neck and back pain and numbness in her left arm and hand. A very long wait time at the urgent care clinic made her decide to make an appointment to see her doctor the following day instead. This was the third time that Daisy had suffered a rear-end collision, and she had significant hesitations about her treatment options. With each accident, her back pain had gotten progressively worse, so she was skeptical about the expense of ongoing physical therapy or chiropractic treatments. Pain medication provided limited relief for the pinched nerve in her back. After nearly two years of persistent pain and sporadic treatment, a new doctor recommended surgery as the last remaining option to resolve her back pain and restore mobility. Daisy came to the Arnold Law Firm for help. The insurance company offered to pay only for her property damage, arguing that a seven-month gap in her medical treatment was reason to deny her need for back surgery. Our legal team filed Daisy’s lawsuit – provoking the insurance company to tender its $15,000 policy limits faster than we could serve the suit on the defendant! Daisy is now scheduled for surgery and able to pursue an underinsured case with her own insurance company for an additional settlement to ensure she receives the full medical care she needs. Treatment for injuries from vehicle accidents can be costly and time consuming, and insurance companies may argue that medical care is unnecessary or unrelated.

If you have been injured in an accident, call the Arnold Law Firm at (916) 777-7777. We offer case evaluations at no cost or obligation to you.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.