auto accident other insurance company wants me to sign a release?

Question

I have this question in to my insurance company also, but it always takes longer to get a response. I was in an accident in May in Washington state. There was no police report filed because the accident happened out of cell phone coverage areas. The other driver is fighting the at fault even though he hit me on my passenger side while trying to pass me over a double yellow line while i was turning. The case is beyond the insurance now and fault is being decided.
I had about $1000 worth of damage to my car, but my husband and I both have had to go to chiropractic care since. I recently stopped though since I don't want to deal with an attorney.
The other insurance company has been trying to get me to sign release papers and get updates on my medical information. I told them today I am not telling them anything, they can talk to my insurance. Are they being shady? Or do they have the right to push for my information? Isn't that why I pay my insurance?

sorry I said passenger side, I meant drivers side.

A couple things to add. My insurance company has given the other parties insurance a total for the expenses charged for medical. My PIP has paid for my medical charges. The form they are asking me to sign has to do with releasing my medical records to their offices. I don't feel the need to give them anything at the moment until fault is finalized. My insurance has access to the information and they will fight for the expenses from my PIP that they have paid. I would assume if my insurance company wanted to send them an itemized list of my medical costs they would have. They sent them the totals only. That is why I feel they are trying to get around my insurance company.

Ok When fault is decided I will release the HIPPA to the other insurance company. Or if my insurance says to sign I will. As they have accepted NO RESPONSIBILITY for their client, I see no reason to release the information. AS it is they are trying to screw me by saying that their client is only 10% at fault after he tried to pass me illegally. I don't trust a word they say right now. Sorry to those who are insurance adjusters, but it is really interesting to see how shady some insurance companies are.

Answer 1

If you want the other company to pay you then you HAVE to release medical records. No release -- no check. If you want your insurance company to handle the claim just say so. Then you do not have to deal with the other company directly.

Answer 2

It's not exactly clear what they are asking you to sign. There are two possibilities.

1. A medical authorization which "releases" your medical records and bills to the other insurance company. They will need this information in order to review and evaluate any injury claim you wish to make. The form should state clearly at the top that is is medical authorization. It is OK to sign this form if you want to make a claim for pain & suffering." A medical authorization will have no language on it about paying you anything.

2. A release form which settles and closes your file. This form should be clearly labeled "Release" at the top. It will have dollar figures near the top. It should also have a warning near the bottom explaining that you should read the entire form and that by signing it you are closing your claim for good.

The other company isn't being "shady." The are just trying to get the needed info to pay any injury claim. Due to privacy laws, they can not get the medical info from your company without you signing the medical authorization, so telling them to talk to your company will not do any good.

Hope this helps.

Answer 3

1

Answer 4

You are holding up your own claim. You are only hurting yourself.

The at fault carrier has to have you sign a HIPPA approved medical authorization. This will allow them to order the medical bills and the records that go with those bills. The insurance company will need to see the SOAP notes, diagnostic notes, triage notes. How can they have any kind of understanding of what your injury is if they can't see the records. A bill will show you had an X ray of your spine - but it won't tell them what the Dr saw on the X ray.

Here's how the process works: The at fault carrier has you sign a medical authorization (HIPPA law requires this). You send them a list of the Dr's that treated you. They will also be able to use the info your company sent them.

They mail a request for bills/records to the medical providers with a copy of the Medical Authorization. The providers send them copies of the bills and records. Often different departments handle bills and records so those are not usually mailed together. It can easily take 8-10 weeks to get bills and records in. Some times, I have to order records more than once to get them.

Once I get all the bills and records in, they will evaluate them and make you an offer. You guys talk it out and ideally end up on a figure you both agree with.

The insurance company will then send you a release for you and your husband to sign. It will be a final release that ends the claim once an for all for ever and ever never to ever return.

You send them the release. Once they get the release, they mail you a check.

Your car insurance company will not do this process for you. They are not attorneys so they can not provide legal representation.

You have 2 choices 1. quit being difficult and engage in an open dialog with the insurance adjuster and work together to get your claim settled or 2. hire an attorney who will have you sign a medical authorization for him and he does the leg work and sends the melds to the adjuster and then takes 1/3 of your settlement + expenses.

If you continue to "not telling them anything" your claim will never never never be settled b/c they have to deal with you or your legal Representative.

So either stop being a pain in the fanny and hurting your own claim and start working with the insurance adjuster toward a resolution or hire a lawyer and give him 33% of your money.

P.S. Insurance adjusters work with lawyers every day. We are not afraid of them. We do not pay more for a claim because of them. Your injury is worth what the injury is worth. It does not matter who the adjuster talks to about it.

Answer 5

Oklatom's the only one close to getting this right. The others are way off base.

In an accident where you are claiming the other driver is at fault, the burden of proof to establish injuries and damages falls on YOU. The other person's insurance has absolutely no legal responsibility to help you prove your claim. In order to prove the validity of any injuries, you are REQUIRED to provide bills and medical notes detailing the treatment you received so that the insurance company can verify the treatment was reasonable and necessary.

Even though the burden of proof falls on you, many insurers are willing to do the legwork for you. In fact, many prefer to do so, since getting your records direct from the doctor means you cannot pull out any adverse info (on a pre-existing condition, for example) before they get it. However, the HIPAA (Health Information Portability and Accountability Act) prevents the insurance company from getting your records without express written permission from you.

When you say "The other insurance company has been trying to get me to sign release papers and get updates on my medical information." you've told me that their insurance wants you to sign a HIPAA waiver. You're under absolutely no obligation to do so, but you must realize that if you don't, YOU will be required to gather all of the paperwork yourself. That can be a lot of work.

When you settle your claim for injury, you will be required to sign a General Release of All Claims, which is what everyone else who answered is thinking of. The Release states that you are waiving your right to pursue further legal action under any route in exchange for your settlement check. You will not get a check without signing this, since the insurance cannot risk paying you and then having you turn around and suing their insured (which is a right you forfeit when you sign). Be aware that a Release cannot be superceded by ANY means, so be sure to have ALL of the bills before you settle b/c you don't get a second chance!

Answer 6

No do not sign the release, this means you are settling all medical claim against the other insurer, If you turned in a claim with your insurance company than I am sure they are handling your end of things, however the other insurance company will need you to eventually sign a release when you are all done with your medical bills so they are able to close their file. If you are not happy with what they are offering you may have to hire an attorney, as your insurance company will just go after them for what bills they have paid on your behalf not pain and suffering or missed work etc.
Good Luck

Answer 7

Don't settle the claim now. Don't sign anything. The extent of your injuries may not be known for a while. They are responsible for all of your medical. You have a while to sue them, the statute varies by state. In my state it is 4 years. Another thing to consider is that any injuries you receive now will start bothering you as you age and will be a problem for the rest of your life. You need an attorney before you do anything. Just don't sign anything for them. They like to get to people before they have time to think or hire legal counsel. They only want to save the company money at your expense. Trust me, you do not yet know how bad you are hurt.

Answer 8

AD and sactoking give good answers.

Your insurance company will not negotiate a bodily injury claim against another insurance company. They can only negotiate liability with the other insurance company.

I hope you take this information and learn something from it. It sounds as though you just want everything and are not willing to give anything to get it. It also sounds like you are very close minded on this.

Answer 9

Yes, since they are paying for your medical condition, they have the right to see your medical records. As to what to tell them, and whether or not to sign the release, your best source of information will be YOUR insurance company, who should be the one talking to the at fault company, not you.

Answer 10

Your insurance company should be dealing with this, but if the release is ONLY to get medical info, it might be okay to sign, but I still wouldn't. Contact your isnurance agent right away, in person, and show him/her the release form. And don't let them put you off, you pay the insurance company plenty to take care of this stuff, make them do their job.