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I was blindsided over the weekend by someone who ran a red light. My car is totaled and I'm a bit banged up. Their property claims department will make me an offer on the car, but the bodily injury claims person is coming to see me this morning.

I've been to the chiropractor and the emergency room, and both took X-rays. The hospital gave me a prescription and sent me on my way, and my chiropractor will likely want to continue treatment for a while to insure that there are no lingering effects.

But the real troubling thing is a spot on my head under the hair that isn't bruised but that has hurt like crazy since the crash, as well as some dizzy spells. The ER doctor didn't seem concerned, but he did give me the name of a neurologist in case the symptoms don't go away.

So my question is, what should I say to the claims agent this morning. How much should I reveal, knowing that their customer and their company is their first responsibility. I'd really appreciate some guidance on this.

2006-09-20 01:40:27 · 13 answers · asked by CapnPen 6 in Business & Finance Insurance

13 answers

Don't accept any offer of settlement on your bodily injury claim until you have healed up completely and know what are the total of your medical expenses.
Don't sign any releases of any claims.
It is OK to sign a medical authorization, which will allow the adjuster to ask doctors and hospitals for copies of medical records and bills related to the accident.
If the adjuster wants to take a recorded statement from you, it would be OK if he agrees to give you a transcript or if you have your own recorder and you can make your own copy.
I would advise against signing any hand written statement. If an adjuster is sitting in front of you and writing down what you say, he may not get it exactly right. It is too easy for him to do some editing as he is going along.
I am a retired claims adjuster with 28 years of experience. Please feel free to contact me if you have any other questions.

2006-09-20 01:52:21 · answer #1 · answered by regerugged 7 · 2 0

When I read this question I was waiting for the typical "Get an attorney, blah, blah, blah" answer and I was not disappointed. That is just stupid to get an attorney at this point.

Ruggedreggy is correct. I am also a claims adjuster. They most likely want to meet with you to go over paperwork, explain the claims process and obtain a signed medical authorization form (which you would still have to provide if you had an attorney). They may offer a settlement but I would decline at this time. Remember one thing...they will not pay your medical bills as you are treating. When I would meet with people and explain this they would always think I was making it up. It is law, your auto or health insurance will pay while you are treating. If you have neither than you have to pay out of pocket. There is no scenario in which they will pay for your medical bills while you are treating. The only time they will pay anything is with a signed release of all claims. I would be up front with them. Tell them all the problems you are having so there will not be any dispute down the road as to what injuries were caused by the accident. Make sure you follow up for treatment promptly.

Remember an attorney drags out the process and takes 35% of the settlement (medical and wage loss included)

Hope you get to feeling better.

2006-09-20 15:32:58 · answer #2 · answered by mamatohaley+1 4 · 0 0

I would definately see the Neurologist sooner than later. I would tell the claims agent that you are in pain and having dizzy spells and was referred to a Neurologist...do not take any type of settlement offer or sign anything until you get released from the doctor or know your okay. Have you been off work due to the injuries...you need to be compensated for your time off work?
I would be honest with the claims agent sounds like a pretty obvious "at fault" accident. Hope you feel better.

2006-09-20 08:47:11 · answer #3 · answered by nicknamegone 1 · 2 0

It is important for you to keep in mind that the full extent of your injuries may not be apparent for at least an additional week, or possibly more.

Do you have an attorney? Typically, it's best to have your attorney present at such a meeting. Once you sign a settlement agreement with the insurer, there's no going back.

Be truthful and do not conceal any information; but don't be a pushover and don't tell the adjuster "I'll be alright" or "I feel ok." It's best to truthfully state your current symptoms, but acknowledge it's too soon to know how extensively you've been hurt, especially since you probably need an MRI and a neurological exam.

2006-09-20 10:58:00 · answer #4 · answered by Suzanne: YPA 7 · 1 0

This is tough because you don't want to have your rates go up or have your policy cancelled but I personally think you should be honest about what your needs are so that you can acquire the treatment you need. By all means, see the neurologist as well- doesn't hurt to get checked out more than once and you know your body more than the ER doctor. I would try to stay as calm as possible- be honest, be fair and don't overshoot on estmating what type of care you will need.

2006-09-20 08:49:23 · answer #5 · answered by Mrs.Foster 4 · 1 0

You should tell the agent exactly what is going on with you. As others have said, do not sign any kind of release. More than likely, the insurance company will not be asking you to sign something this early.

They will have to pay you the book price that your vehicle was worth. They will also have to provide you with transportation.

I, recently, had someone hit my vehicle while it was parked in front of my house. The person's insurance company told me that you should insist on having transportation provided to you (such as car rental) since you will have to go to the doctors etc. This can be asked for the first day that they hit your car.

Again, do not sign any kind of release as far as your medical concerns go.

2006-09-20 08:59:12 · answer #6 · answered by Anonymous · 1 0

Just be honest - your conversation will probably be recorded.

Tell him, you're concerned abotu possible long term effects from the dizzy spells.

You don't HAVE to make a settlement, you know, but they don't HAVE to settle if they're willing to pay medical forever. They are most likely to offer you a settlement on the spot today - not much, but it will be there. The longer it goes on, the less likely they are to offer a settlement. ESPECIALLY if your injuries are hard to prove - ie, subjective (dizzy, pain) instead of objective (broken bones, cuts & scrapes).

2006-09-20 09:24:31 · answer #7 · answered by Anonymous 7 · 1 0

Get a personal injury lawyer. If you can't meet with one before the insurance visit, then say very little and sign nothing. NOTHING. Say that you have to review it before signing. You may be more injured than you suspect.

Get a lawyer NOW.

The Insurance companies FIRST responsibility is to the shareholders to limit payments. Tell them as little as possible, sign nothing and get a lawyer today!

2006-09-20 08:46:08 · answer #8 · answered by words_smith_4u 6 · 1 0

Accidents can have long term effects that will cost you and arm and a leg. Get expert advice and get as much as you can. Once you have signed off, that is the end of the matter. I suggest that you see a lawyer as well before you see the agent. There are lawyers that charge only on results.

2006-09-20 08:49:19 · answer #9 · answered by Tom Cat 4 · 1 0

Get a personal injury lawyer and say as little as possible. Do it now!

2006-09-20 15:45:52 · answer #10 · answered by Anonymous · 0 0

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