Auto Insurance Claims: Auto Insurance Claim, Arizona Small Claims Court

Question
I was in a accident where I was rear ended....I went to the emergency room, to my primary care doctor and to 7 weeks of physical therapy.  I kept all original bills and all doctor's notes.  When I was through I sent all of that info to the insurance company....who is now asking for all of my EOB's from my personal medical insurance company (they filed a lien that is how they know they were paid by them#.  They are stating that all they have to pay is what my personal medical insurance has paid plus my co-pays. They are also stating that Arizona,Phoenix) is a Paid Vs Incurred state and that is why they want my EOB's.....the insurance company is "Hallmark" and I have been told that they are very difficult and I may want to hire an attorney.  I know that the guys policy limits are 15K so I really don't want to hire an attorney and give up a 1/3 of my claim. The adjuster claims he will put my claim on hold until I produce those EOB's...Everyone I've talked to said not to give them these documents but I don't want the claim on hold forever.  Can you give me a direction to go with this.

Answer
Unfortunately, I cannot give you advice on this topic.  Your question requires me to interpret law in order to answer it and since I am not a licensed attorney, I can get in trouble for answering this type of question.  So. . .

I will tell you that it seems you have a good handle on the situation.  It just seems uneconomical to fight when the limits are only $15K, right? Makes you think there might be some underlying claims settlement tactic at work here.  Attorneys won't get too excited for a small claim, and very few people can successfully navigate court on their own.  Additionally, in AZ if you even try to use small claims court, the insurance company will hire an attorney and you'll normally be kicked out up into "big boy" court, where you will definitely need an attorney because the formal rules of evidence, procedure and discovery will then apply.  

Makes it seem like the victims with smaller damages get the short end of the stick in the small claims system that AZ has set up.  Sorry I could not be of better assistance.  

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