QuestionQUESTION: I was involved in a motorcycle accident in September where the other driver was at fault and I was serousisly injured. I have recieved about $60,000 in medical bill so far. Her insurance company has addmited she is at fault. They (the other driver's insurrance company) are asking me to sign a release authorizing my hospital and doctors to disclose all of my medical information. The release dosen't seem to limit the information released to just the information related to the injuries I recieved in the accident. I don't feel that I have anything to hide. Should I sign such a vague authorization?
ANSWER: Hi Steven,
Those darn blank forms are a poor idea. If you had anything you did not want to be seen, then we would suggest a way for the doctor to send along solely what pertains to this accident.
But in this case, you have such high special damages that one can expect this to be a large claim, and hence it will be subjected to a bit more scrutiny than lesser claims.
Thus you cannot expect the insurance company to issue a blind check for a huge amount without first checking to see if there were any pre-existing condition that could explain your heavy medical costs.
Here is what I would suggest. First, become familiar with policy limits cases and how they are settled and how they relate to your own Underinsured Motorist Coverage (UIM). http://www.settlementcentral.com/page0451.htm Policy Limits insurance claims information.
Next, call the adjuster and ask the purpose of such a broad release, and explain that you are concerned with the exposure of your records to other than their company since you have learned that this is a big problem. Hence, you would like to limit the topic or time on the release to just this accident, with your doctor to sign a statement that you have no pre-existing condition or prior accident.
THAT will either get her confused or to agree. Assume that she explains that she cannot pay the full value of your insurance claim unless they do a thorough job of looking to see if you have any prior injuries.
Then you respond that even without any additional investigation, the records as they stand surely command a payment of any policy limits of $50,000 or less. And that she should not have any need for the full records unless her insured has policy limits in excess of $50K. Tell her that you are returning the forms interlineated with a date up to the accident (or one year before the accident, or whatever time you think is appropriate).
Hence, try to get from the adjuster an idea of her policy limits. This will give you an idea of how much you need to cooperate. In other words, a $15K limits would have to pay up just based upon the existing records. But if she has over $50K, then the next step up in limits is $100K, and for that kind of award, you will give them your entire history. Hence, you will just as well sign and return the forms.
IF YOU HAVE A PRIOR ACCIDENT OR PRE-EXISTING INJURY, WRITE TO ME AGAIN ASAP WITH THE DETAILS SO I CAN GET SOME INFO TO YOU ON THOSE TOPICS. I will show you how to get paid full value on your insurance settlement even with that kind of history. No worries on that score, Steven.
I ALSO want you to get some idea of how to present a personal injury insurance claim http://www.settlementcentral.com/page0014.htm
Subrogation is going to be a BIG issue since you will likely be forced to defend against claims made by YOUR OWN COMPANY against your insurance award http://www.settlementcentral.com/page0459.htm Depending upon the amount of the limits of both tortfeasor and your own UIM, you might succeed in defending against some of those medical costs paid by your auto or health insurers.
Be sure to write back if you have any questions as you proceed to settlement of your personal injury insurance claim. And especially if you had a prior accident or pre-existing injuries since I want to make sure you understand how to get a full insurance settlement for all the light up or exacerbation caused by this auto accident.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
---------- FOLLOW-UP ----------
QUESTION: Thanks for your answer, it is very helpful. I don't have any pre-existing injuries. Unfortunately, I didn't have UIM coverage on my motorcycle at the time of the accident.
I received a letter a few days from city attorney's office indicating that they are charging the lady who hit me with vehicular assault. They asked me for a statement, copies of my medical bills, and documentation of my property damage. They also asked if I wanted to request restitution.
I assume that I should ask for restitution. I like to know how this may effect my claim with her insurance company.
AnswerHi Steven,
I would submit the medical releases since you do not have any worries about content. I would stipulate that you are to receive a copy at no charge to you of each page that they receive. Write that on the form and initial it. Also include it as a condition of sending in the release in the transmittal Letter to Insurance Claim Adjuster http://www.settlementcentral.com/page0460.htm Confirm Arrangements & Transmit Medical Release Forms
As for the restitution, yes, I would surely do everything in writing to the prosecuting attorney. Try to get the judge to include your full damages in the court order. That way, once the insurance pays out, you will just deduct that from the total and the tortfeasor will still owe money.
For example, let's say that you prove a loss consisting of medical claims and lost wages and pain and suffering in the total amount of $150,000. Then let's say that the tortfeasor's insurance pays its limits of $100K, leaving you short $50K.
The court order could require the tortfeasor to pay that amount.
NOW, WILL THIS WORK? Not really. I was once a prosecuting attorney. And restitution might be considered to have been made if the tortfeasor can show that he had a very big policy in place, say $100K. That way, the judge could rule that he had made sufficient restitution.
ANOTHER PLACE TO CHECK: See if your state has a crime victims fund that would cover you. If the injury was just an auto accident, there will be no coverage. But if a crime was committed, then you might try for that. http://www.nacvcb.org/statelinks.html
Will your participation in restitution impair your ability to claim under the insurance policy? No--two separate deals. One is state run and the other is a civil cause of action that you own against the tortfeasor. The insurance is designed to pay off the injured person in lieu of a lawsuit.
With regard to the amount of your claim, if any of that medical has been paid by any of your health or auto insurance, you will need to be up to speed on insurance subrogation http://www.settlementcentral.com/page0459.htm defense against taking money from your insurance settlement.
Also, make sure that your statute of limitations http://www.settlementcentral.com/page0452.htm time is not close at hand. Keep that date in mind and settle well before it, since you will have to get an attorney.
Finally, SINCE YOU HAVE A BIG CLAIM, I would do an assets check on the tortfeasor. You can search online for some agency to do it for around $75. A smart investment inasmuch as he may have huge assets that you would sooner go after in a lawsuit, as opposed to taking an insufficient policy limits settlement.
Thanks for the nice comments on my work for you. Please take the time to post them to the feedback forum on this website.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
