QuestionI was involved in car accident in 2010 where other party accepted the full liability.
Paid for total loss of car and willing to pay about $4000 for personal injury settlement but at that time I did not have any medical records due to lack of treatment.Now I have chart notes as treatment started after almost 2 years.
Mainly I have cognitive difficulties including headache and lack of attention with flashback accidents and prior abuse.
I did not have PIP coverage at the time so my insurance company is out of picture. I am dealing with other party's insurance adjusters.
At present they are asking copies of my doctors' chart notes (not medical authorization) as well as medical bills copies and insurance paid details.
They said based on above documents they will reevaluate the claim and make a new offer since now you have treatment record.
Unfortunately, In my chart notes, none of the doctors has clear diagnosis ...which relates everything to accident.
Is it ok if I still go ahead and share those chart notes and medical bills with them?
I am asking this because one of the lawyer said he will not get his percentage from what ever amount you negotiate with them on your own. He will charge his 30% commission on all the amount above it.
So am thinking if giving them copy of chart notes is not going to hurt me why not let other party's adjusters study them and make a better offer than they already did (they offered $4400 before 2 years when I did not have any medical records just complaints/symptoms)and than I will go to lawyer who suggested he will not charge commission on what you already negotiate with them.
My worry is if I share chart notes with them can they contact those doctors and twist their minds to get what they want?
adjuster said unless they have medical authorization from me they can not contact doctors just on the basis of chart notes...only thing they can do based on chart notes reevaluate the case. Is this correct or they can use those notes against me?
Please advice....
also can you please suggest a reasonable caring (not greedy) personal injury lawyer in or around Tacoma WA.
Answer Hello Evan,
You have several serious issues here.
First, if you are represented by an attorney, no adjuster should be speaking to you separate of your attorney. To do so is highly unprofessional and unethical.
Next, as to your medical records. In order for you to collect any type of a settlement, your injuries will need to relate to the accident. Charts alone may very well not include all of the notes and records. In fact, partial records could possibly serve to devalue your claim if that is all they are planning to review. That would certainly be very odd, and I would never recommend just forwarding some charts and partial records.
As to your other concerns, certainly it would be inappropriate for your doctor to "twist their minds" or for the insurance company to conspire against you. The facts are what they are.
The point is, you cannot expect to obtain any type of a settlement unless you agree to sign a medical authorization so that your injuries can be properly evaluated. All of your records should be considered. Sign the med auth, but do it by way of your attorney.
You need a competent personal injury attorney to handle the case for you. While the attorney will earn a 30% fee to settle, with a good attorney you can expect a higher settlement than if you choose to go it alone.
If you have an attorney - leave the negotiations to the attorney! Do not speak to anyone directly at the insurance company. That is what your attorney is for.
As for recommending attorneys - sorry I don't do that, even if I did know of one in your area. If you already have an attorney and you are seeking another, your attorneys will need to work out those details between themselves in accordance with bar rules and guidelines.
Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
