Car accident and insurance?

My friend got hit by a car while she was at a stop sign. She has had problems with her hip for more than a year now. Her insurance paid for the chiropractor and today she has had her hearing in court and it did not go well. They questioned her about her activities after the accident and she decided to be honest and told them that she went horseback riding five or six times after the accident, that she goes biking and also takes long walks. After that, they came to the conclusion that her hip problem got worse because of her activities and not because of the accident. Now she has an outstanding balance of more than $10,000 with the chiropractor.
Her insurance paid some of the chiropractor at the beginning and then stopped.
What is going to happen next? Can she fight it? Is there some hope left in winning the case ?
Additional Details
She had no health problems before the accident. She has always been very athletic. The hip issue occured with the accident.
She went to the chiropractor once a week for a year. She also added that after the accident, it took her 2 weeks to be able to get an appointment. And actually the judge questioned that. He asked her why she did not go right away.
Her health insurance refused to help pay the outstanding balance.
I told her that the insurance companies will always try to get the last word so they don't have to pay but her honesty cost her $10,000 ...

springchic

If she is going to file an appeal, she needs to do it quickly. Normally you only have ten days to do it. Honestly, it does not sound like she has much of a chance though.

MSAD

$10,000 in chiropractic care is excessive. No person should ever incur $10,000 in chiro care.

If after a year and $10,000 she is still having problems - the chiro was not working and she should have stopped going and actually seen a Medical Doctor a long time ago. There is no reason to treat with a chiro for more than 3 months.

(Chiropractors are not Medical Doctors - they are not MD's, they can not prescribe medication and they can not have hospital privileges). Because Chiropractors are not doctors - many health insurance plans do not cover them.

If your friend was able to go horseback riding (something I have done for years - it is very intensive on hip and back) - long walks, and biking - all very intensive on hip and back - your friend is not that injured and had no business running up $10,000 in chiro. To say she will have a hard time proving to a jury that the accident hurt it - is an understatement.

In addition - mva's don't usually cause hip injuries. That in and of itself is questionable.

Here's something to consider: If your friend did not think that an auto insurance company was going to be paying all these bills she was running up and she would have to pay for all this treatment out of pocket - would she have sought this much treatment?

Probably not.

Your friend might be a nice person - but it sounds to me like she got greedy and hooked up with a chiro that got greedy as well.

Good thing your friend was honest in court - it's the law. If you go in a court of law and lie - it's called perjury. Being honest in court is not optional -it's expected. That's why they do the whole "do you swear to tell the truth -the whole truth and nothing but the truth" bit. You know -the one that involves a bible and your hand being on it.

Marc

If she had hip problems, who made the decision to go and do the activities mentioned? If it was her, she just eliminated any chance of getting a settlement to pay for her chiro treatments. Chiropractors like to keep up the "continued treatment" plan. It secures their financial independence. You never get well when seeing them, you just get a little better than you were.

mbrcatz

Sure she can appeal it . . . she'll have to pay her lawyer up front.

I'd agree with them, though - if she has problems with her hip, obviously they aren't interfering with her lifestyle too much, if she goes horseback riding and biking. And it's up to HER to prove her injuries are related to her accident, darned hard since she's been horseback riding.

I don't think she'll win the appeal. I think she needs to start on paying off the chiro instead.

CwboyBill

Your 'friend' is attempting to scam the insurance company. 10K dollars in chiro bills?? This is insane and the judge saw it at once. If she can ride horses, bike and hike she doesn't NEED any treatment. I love the part where you said "she decided to be honest". Well good for her -- she decided not to perjure herself in a court of law. People like this make me puke. She and her witch-doctor chiropractor deserve each other.

Insuranceman

WOW! $10,000 in chiropractor bills and every says she needs to GET an attorney?!!?

Sounds to me she already HAS an attorney! :-)

Jason C

Were the hip problems there before the accident? If they were, she's not in good shape for a court case. She needs some kind of proof that the auto accident made her hip worse than it already was. The horseback riding and exercise doesn't help either. Does she have a lawyer? She should call Joe Bornstein.

glamour04111

Yes, tell her not to sign anything. As long as she doesn't sign she still has a case.

ttpawpaw

There is always hope. The first thing that she has to do is to get a lawyer on her side. If she can do that it will show that he believes they can win. You have left a lot of information out. Did she only go to chiropractor once or multiple times. When did she go early or later in the case. Before or after problems startet. Was she riding and biking before the accident too? You use the word "they" who is that? the judge, the other lawyer, who?pp

oklatom

What happens next? She had her hearing, and lost, and owes some bills she needs to make arrangements to pay. Perhaps her medical insurance will pick up some of them if she has medical insurance.

Actually visits to a chiropractor should not last for more than a year. What was the diagnosis and prognosis from her medical doctor?

ROYKANT

To be very honest she is at a loosing end. Insurance companies are in the business for themselves. Tell your friend to find a good lawyer,discuss fee plans with him/her and follow the instruction. Probably she can appeal in the higher court or disability department of Government. In any situation she needs a very good lawyer. I really feel very bad for her being honest. Good luck.

ellimay oh

She might as well start a pay off plan cause 9 out of ten times this is not going to end in her vavor . She can contest the situation as many times as she wants but in the long run the money will just keep adding up. Tell your friend to get a lawyer that will not get paid unless they do.

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