Two Oregonians who were in car accidents called me this week with the same story: within 48 hours, representatives from the other guy's insurance company were knocking on their door. The insurance company vultures wanted these hurting victims to sign authorizations to get medical records. Also, the insurance company was gathering information on the injured person, their home, their family, whether they moved easily or with a limp. Certainly, they hoped to get statements that could be used against the personal injury victim.
These practices are unfair and should not be tolerated. So long as they happen, here's what you need to know:
1. Don't talk to the insurance company for the driver who hit you. You have no duty to cooperate with them. "Anything you say can and will be used against you." If you think you can settle the claim for the property damage only - to your car or truck - then have someone else (spouse, parent, child) do the talking for you and instruct them not to discuss your medical condition.
2. Don't provide any medical releases to the insurance company for the driver who caused the car accident. Odds are, it will use the releases to get information on you that goes well beyond this collision. Will the insurance company look for other medical conditions? Will they look for other potential sources for emotional distress? How many years back will they request records? DON'T DO IT.
3. If they knock on your door, do not open the door. Send them away. Do this regardless of how well they have practiced sounding empathetic. They have done this dozens (or hundreds) of times. They are trying to hurt your claim!
4. Be careful with your own insurance company. Your own insurance company is paying under the Persona Injury Protection (PIP) provision of policy. You must cooperate with your own company. However, be alert to signs that it is looking to cut you off. DO NOT GO TO AN "INDEPENDENT MEDICAL EXAMINATION." If your own insurance company wants to send you to its own doctor, the purpose is to cut off your benefits. Better to get cut off for failure to cooperate than to have a phony doctor come up with a phony analysis that can be used against you later. You need a lawyer at that point to, perhaps, negotiate a solution: perhaps another month of treatment without an insurance medical exam.
Bottom line: Get a lawyer to counsel you and protect your interests. Hire one right away.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
