by blacklegacy34 » Sun Aug 08, 2010 09:18 pm
I was hit an seriously injured when a motorist turned in front of my motorcycle. She was 100% at fault cited for failing to yield right of way and expired license. Her insurance company has paid for my total loss motorcycle, but will not give up her said 25000 dollar policy limit so my underinsured motorist can pay the rest of my damages. I have sent a demand letter that included medical bills and doctor reports diagnosing: two broken bones in left wrist, contusion of left thigh,permanent scars that cannot be repaired with surgury, anxiety, post tramatic stress, and loss of employment all due to at fault drivers negligence. Contacted DOI an they say its a case for our courts thats all. Before hiring a lawyer is their anything left for me to do before i give up 33.3% of my settlement. Also drivers insurance company keeps asking for release of medical records, why and should i sign a release. Thanks
Posted: Sun Aug 08, 2010 11:05 pm Post Subject:
There is a lot of info left out of that post...
If they are asking for medical records I'd think that they would not have made an offer yet. You never mention what offer, if any, they have made. If they are not yet making an offer until they see your medical records then everything else anyone might come up with it moot.
They want to see your medical records to verify your injury is related to this accident (no priors, etc), to see see what the doctors have to say about the extent of your injury, to see what your prognosis is, etc. Those medical records say a _lot_ about your injury and treatment. I can tell you if you obtain the service of an attorney he/she will send those records to the insurance company (as they are discoverable in court anyway).
Posted: Wed Aug 11, 2010 06:26 am Post Subject:
Hey Tcope, can you show me a possible reason why an at-fault party's carrier wouldn't give up the policy limit under such circumstances? To me it seems a bit confusing as the OP describes the other party to be 100% at-fault cited. As far the medical records are concerned, there's no point in not releasing them.
Posted: Wed Aug 11, 2010 06:53 am Post Subject:
Hey Tcope, can you show me a possible reason why an at-fault party's carrier wouldn't give up the policy limit under such circumstances
Good point and I can see little reason not to pay the limits... but they certainly have a right to review the medical notes if they want to. I've seen some pretty interesting things in medical records that changed my mind about a claim.Posted: Wed Aug 18, 2010 01:15 am Post Subject: medical records
Today the at fault drivers insurance company sent me a medical report they say is from emergency room doctor saying that my fractured wrist maybe from a prior accident and that it was without significant displacement or angulation. I had a splint on from july 2009 till november 2009 ordered by my orthopedic surgeon. I never had a fractured bone in my body or a accident. What should i do?
Posted: Wed Aug 18, 2010 01:26 am Post Subject:
I had a splint on from july 2009 till november 2009 ordered by my orthopedic surgeon. I never had a fractured bone in my body or a accident. What should i do?
Why is the insurance company not asking for information from your orthopedist? Have you informed them that you are being treated by a specialist?
A splint for 4 months is somewhat unusual.
Posted: Wed Aug 18, 2010 02:06 pm Post Subject:
The insurance company are saying my orthopedic reports confirms the same. But during treatment when ask if i ever had a fracture before by my orthopedic i told him no why would he put this in a doctors report and send to insurance company. They are now trying to say my injuries were not that severe. How should i reply?
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