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of loss to name a few. Before signing
any documents it is always best to check with an attorney to be sure you are not
signing away any of your rights. Typically your insurance adjuster will request
a recorded statement. You must give your company this statement or the company
can void your coverage. Your insurance adjuster will then decide if you are at
fault or if the other person is at fault. If you are at fault your insurance
company will attempt to take care of the damages and any bodily injuries of the
other party up to the policy limits you purchased. However, your insurance
company has the absolute right to decide how much, if any, they will pay to
settle any claim against you. If you are not at fault for
the accident, the other party’s insurance adjuster will request a recorded
statement. You are not required to give a recorded statement, and as an
attorney, I strongly urge my clients not to give this statement because anything
you say can later be used against you. If you must give your version of what
happened in the accident in order to get the adjuster to pay your property
damage, tell him/her you will be happy to tell what happened but you are NOT
allowed to record this. This way if the adjuster later wants to use something
you said, he has to testify personally to what you said and not just present a
recording of what you said.
The other party’s adjuster will also ask you to
sign a medical authorization in order to get your medical records. As an
attorney, I strongly recommend you obtain your own records and bills and forward
them to the adjuster. Sometimes the medical authorizations the adjuster requests
you to sign are too broad and entitle them to more information than you may want
them to have. It is also good to review your medical records from the doctor
before submitting them to the adjuster so if there are any misstatements by the
doctor your can address them with the doctor first.
The other party’s insurance adjuster may also
attempt to settle you bodily injury case with you before you are released from
treatment. There are company’s that will be at your house within 24 hours of a
claim being reported trying to get you to settle your case. They usually offer
some nominal amount for pain and suffering, like $500.00 and will pay a certain
amount of medicals, like $5,000.00, for a certain amount of time, usually over a
course of a year. Sometimes this may be a good deal if you weren’t really hurt.
Then problem is you do not always know the full extent of your injuries within
24 hours after the accident. It is usually best to wait until you have completed
treatment and your injury has resolved before you settle your case. Another
problem is the adjuster is mostly likely not an attorney and thus he/she cannot
fully advise you of the legal ramifications of what you are signing. Again when
an adjuster is asking you to sign a release of any sort, it is always best to
seek the advice of an attorney before signing the release.
The adjuster’s can be pushy to get the case
closed, take your time be sure you are doing what is in your best interest, not
the insurance company’s best interest. If you have any questions at all or feel
it is just not right, consult an attorney and be sure there is nothing else that
can be done. |
