QuestionQUESTION: I had a car accident about 14 months ago. My medical bill until today is about $15,000 and my PIP was close about 2 months ago. I still receiving treatment and the next step is going to be surgery of my neck (MRI showed cervical problem) and I do not have money to pay the surgery.
I wrote a letter to the 3rd party insurance asking for policy limit, and liability.In place of answer what I asked, the new adjuster`s letter said the following:
To date, it does not appear you have provided us a statement in reference to the facts of loss. As this is an intersection loss, I am requesting to secure this from you.
Accordingly, I also need an update on your medical treatment and what injuries are being treated as we are over 1 year post accident. Please be advised that treating does not guarantee payment, and I will need your cooperation with a statement. I will also need to review your complete medical records to determine how this treatment relates to the accident.
I do not understand what the adjuster mean when he said:
·Provide us a statement in reference to the facts of loss.
·This is an intersection loss.
·Treatment does not guarantee payment, and I will need your
cooperation with a statement and to review your complete medical record.
How can I do to make the adjuster answer what I need and what can I do about this letter. I did not send a demand letter, I just sent a letter asking for policy limit and liability and every time a wrote a new letter, a new ajuster answer my letter, is that ok to have many ajuster
for the same case.
I know the letter is long, sorry about that.
Please help.
Thank you for your time.
Lan
ANSWER: Hi Ian,
Boy, you are in a difficult position. I am sorry to hear about your neck injury.
Ok, it appears that the other adjuster is considering fault as a dispute. Meaning, intersection accidents are highly dispute as both drivers could be partly responsible for an accident. Insurance companies try very hard to get a recorded statement from you. Be very careful about that. visit: http://www.auto-insurance-claim-advice.com/Recorded-Statement.html for more information about statements.
The statement about not guarantee of payment means that even if you give the statement, they will not pay for your bills. They are concerned with the fact that you could be potentially at fault for the accident. So giving the statement really does not put you in a better position. Remember that they will owe your for all medical bills and pain and suffering. To learn what kind of claims and what you are entitled to visit: http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html
I am sorry to refer you to these pages, but I feel that you can benefit from those articles.
Your case is somewhat severe. $15,000 bills and surgery constitute a permanent injury, this is a complex claim and you really should think about hiring an attorney. Insurance companies play hard ball and the only way to make sure you get what you deserve is by making sure someone can represent you adequately. In your case, the insurance company does not think they owe you for anything. Talk to a lawyer (first interview is usually free) before you give any statement.
I hope this helps some,
Good Luck,
C.Q.
http://www.auto-insurance-claim-advice.com
---------- FOLLOW-UP ----------
QUESTION: The other driver was at fault because he passes a red light and hit the passenger side of my car (I was driving with green light), the driver admitted and it is in the police report.
Can I just send to the insurance company a demand letter and not give a recorded statement to the adjuster?
I gave a recorded statement to my own insurance company after the accident and it was more than 1 year ago. I also sent letter to the 3rd party (at fault insurance) explaining the fact of the accident. I believe the 3rd party admitted be at fault because I recoved the $500 deductibles from the subrogation.
If I can send a demand letter, how much do you think that I must ask?
Thank you for your time
Lan
AnswerWell,
You can always decline to take a statement. They want to do it now because they want to asses your injury. How injured are you really? You do not have to give them a recorded statement. You can give the a statement but can decline to have them recorded.
They are probably not looking for liability or fault, they simply want to know how hurt you are. You can tell them to get a copy of your statement from when you gave it to your insurance company. You would have to call your insurance adjuster and tell them to share. You do not have to do this either, but it is a good way to take them of your back.
Regarding a demand letter and the amount, I cannot really tell you (ethically and legally). I have no way of assessing your injury. I am not sure how your jurisdiction looks at this type of thing. I am not qualify to tell you.
You should only ask what you feel you need to be put back in the position you were before the accident. Remember that the insurance company will try to offer less.
I hope this helps some.
C.Q.
http://www.auto-insurance-claim-advice.com
