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Rear ended problem with investigator
by ba6ie9url
Hi. I was at a red light when another person rear ended me. The accident was not that bad and I was able to drive away. The other person refused to report the claim however I reported the claim to my insurance. It took my insurance several times to finally get the person who hit me to report the claim to his insurance. I've been receiving chiropractic treatment for soft tissue injuries to my neck and back.
The other person's insurance sent an investigator to take my statement and ask "standardized questions" however she was asking for my ssn#, my husband's information, how long I've lived at my address, where i work, prior accidents, and other questions I did not feel comfortable answering because it did not pertain to the accident.
The investigator got upset that I was not cooperating by answering her questions and threatened to delay the claim. She also asked me to sign a medical release form which i refuse. She never took my statement either. What should I do?
Answer:
Hello ba6ie9url,
Well, some standard questions are okay, but as you said, what does your husband have to do with anything? I caution people to give recorded statements, insurance adjusters could frame you in such a way that it can be very hard to answer (some adjuster are honest and will not do this, but again, how do you know if do not handle claims yourself).
You are entitled to your medical bills, loss wages, pain and suffering etc. Visit: http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html for more information about what you can claim and what you cannot.
Adjusters will delay the claim if you do not cooperate, however, cooperation does not have to occur in a recorded statement. Read more about recorded statements here: http://www.auto-insurance-claim-advice.com/Recorded-Statement.html
Most insurance companies will ask for all your medical records (the medical release achieves this), but if you do not want them to see everything (like things that they should not – when you go to see the lady doctor ;) then you can limit these releases to only related to your injury in such and such a date. Also, you can limit to the pertinent injury (you lower back, your neck, no other information).
You can try to cooperate by telling then that you will help, just not recorded and not just giving them access to things they should not have access to (again, your husband info?, etc.)
If you feel that this is not right, or that they are “pushing you around,” then it is because they are. Insurance adjusters really should try to explain things to you to your satisfaction. If things do not make sense, then something is up.
If you are not very legal savvy or you feel that this is over your head (believe, injury claims can be very complex and some insurance companies do take advantage of people not knowing the full extend of their rights), then you might consider talking to a good lawyer. If you do not know of any, visit:
http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
Some people can settle their claims on their own (see the first link), but if they are pushing you or simply using “delay” tactics to get you to sign paper work, you need a legally trained eye to see what is going on in your specific facts and circumstances.
Consulting with an attorney can be cheap (free), first consult is usually at not cost to you, so if things get ugly, do use that.
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