QuestionHi Ernest,
FACTS: I was rear ended recently in WA state and the driver accepted 100% fault. I filed both damage and injury claims w/ the liable party's insurance co. and also a PIP claim w/ my insurance. I was dx with cervical sprain by a spine dr. and was referred to massage and chiro (including traction therapy). My medical bills so far are roughly $3K, lost wages roughly $1K, and approx $200 in misc. expenses (travel expenses to dr. appt, etc.) over the past 2 months since the MVA. My PIP is currently covering my medical expenses.
QUESTIONS:
1) My PIP rep requested a medical release form. Is it necessary to sign since it appears optional? Can it potentially hurt my claim if I sign, and can they possibly use it to disclose info to others, e.g. liable party's insurance co.?
2) The liable party's insurance rep initially wanted to meet w/ me in person immediately, which I declined. Then about a month after the MVA, they offered $600 to settle (said my injuries were likely minor since damages were under $1K). I have not responded to their repeated phone calls for updates and am wondering what my options are at this point (I have experienced some improvement recently but still have occasional flare-ups)? Should I maintain communication w/ them?
3) Given that my injuries are relatively minor so far, what are the advantages/disadvantages of settling with the threat of further tx as leverage vs. waiting until my doctor releases me from tx?
Any pointers would help. Thanks!
AnswerHi Kimberly,
One at a time:
1) I would ask the PIP carrier why he/she wants the release. If it's just for you medical records then that's pretty standard but I would still ask why they are requesting it and how they will be used. By the way, feel free to say "I want to think about it" unless they provide a really good reason and then never follow up if it's only optional.
2) It depends if you have any permanent injuries. If your injuries are permanent then I would retain a lawyer and prosecute a claim. If you (and your doctor) feel that you'll make a full recovery then I would continue to talk with them but not in person. I would shoot for $2-3k if you feel like you won't experience any problems down the road. Remember to ask for more than you actually want to receive since this IS a negotiation.
3) There's no real advantage to the threat of further treatment. They'll only evaluate your claim on what treatment you actually received. SO you could try to settle it now without disadvantage.
Best of luck,
Ernest Ferraro
