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When The Auto Insurance Industry Drives You to Distraction

March, 2010

Rocio Lopez

Rocio Lopez was a passenger in her friend's SUV when the impact occurred.

Her friend Maria Chavez was driving slowly through a parking lot in Medford when a car suddenly backed out of a space and into their vehicle's sliding door.

“I was putting on my seat belt on impact. My head and shoulders were thrown forward and then to the side. The driver pulled forward but then backed into us a second time,” Lopez recalled of the accident that occurred last August.

The driver was scared and said he had knee problems. He asked the women not to call the police. They exchanged insurance information and continued with their daily schedule.

“The next day I woke up and my neck was stiff. I couldn't turn my head,” said Lopez.

Chavez called Allstate, the other driver's insurance company. Allstate pointed them back at Safeco, Chavez's insurance carrier. Safeco referred her back to Allstate.

Meanwhile, Lopez's neck pain had increased and she began experiencing muscle spasms, making it impossible for her to work at her job as a house cleaner.

Allstate said they would reimburse Lopez for her medical bills. Without any income, however, Lopez was not able to pay in advance for treatment and medications. A month passed, and Lopez felt trapped and didn't know what to do.

Chavez knew about Help Now! and urged Lopez to discuss her difficulties dealing with the insurance companies.

“They (Allstate and Safeco) never told me about the PIP claim,” Lopez said.

PIP—or Personal Injury Protection—is a category of coverage that provides for payments to accident victims regardless of fault.

“What we did was to call SAFECO and ask why they had directed her to the liability carrier (Allstate). PIP is a no-fault coverage, so SAFECO--her friend Maria's carrier—should have paid instead of pointing her in the direction of Allstate," said Larry Kahn, Help Now!'s Executive Director.

"With PIP coverage, Rocio could have the doctors send SAFECO the bills directly without her having to pay in advance,” Kahn added.

The PIP coverage also reimbursed Lopez for her lost wages.

The ordeal is not over.

“My neck and shoulder blade still hurt. The doctor found that I have a pinched nerve. I had an MRI. He tried two injections, but they didn't work,” Lopez explained.

Lopez may have to have surgery to correct the problem. However, Lopez is resting easier knowing that she will have coverage available.

“If you think you're not getting a fair shake from an insurance company, you can call the state Insurance Commission at 1-888-877-4894. If the amount of money to be recovered is small, this is a great resource because you may have trouble finding an attorney to handle your case,” Kahn added.

In Lopez's case, her medical expenses have now grown to a size where personal injury attorneys would welcome such a case, and Help Now!, as it typically does in such instances, has referred her on by giving her the names of three competent local personal injury attorneys to contact.

“We got her over the hump and into treatment by getting the PIP carrier to step up. By putting Rocio in touch with good attorneys, we know that someone will be looking out for her best interests going forward.” Kahn said in conclusion.

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