QUESTION

If I limit what they can see on the release, can they drop my claim and say I'm not cooperating?

Asked on Oct 05th, 2013 on Personal Injury - Indiana
More details to this question:
I was recently in a car accident with an uninsured motorist. I was not at fault for the accident and have a police report as proof. My insurance is all state. They have requested I sign a medical release. Do I have to sign it? Can I just send them my relevant bills and medical records form the accident?
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8 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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When you play the game and they have the money you play by their rules. You don't just make them up to suit yourself.
Answered on Oct 09th, 2013 at 4:30 PM

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James Eugene Hasser
Possibly, but it really depends on what you are limiting. They should only be able to view info that would have anything to do with your current alleged injuries. Hope that helps.
Answered on Oct 08th, 2013 at 12:03 PM

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Yes, they can say you are not co-operating as how do they know that you are not hiding prior medical records showing the same type of problem from a earlier accident? You can insist that the medical records be limited to the same parts of the body injured, but the supplier of the medical records will probably not take the tie to go through the records and will instead release for copying everything they have.
Answered on Oct 08th, 2013 at 4:39 AM

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Thomas Edward Gates
You must sign the release. On the release you can specify what period of time they may see. You can also limit what they see.
Answered on Oct 08th, 2013 at 4:38 AM

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Ronald A. Steinberg
No. You have to cooperate. Get a lawyer. Allstate is a nasty company to deal with.
Answered on Oct 08th, 2013 at 4:37 AM

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Even on a UM claim, you will have less grief and in my opinion a better result if you engage counsel to assist you with your claim.
Answered on Oct 08th, 2013 at 4:36 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Typically when you put your bodily condition at issue by claiming an injury any insurer will want to get your medical records, both pre and post crash, to see if the records support the fact of injury from the crash vs. from a pre-existing condition/injury. They will also want to check on the severity of injury. Now understand they aren't doing this just to confirm your injuries, they will also use any adverse information in the records to dispute the nature and extent of your injury because they see this as a "game" vs. actual fact finding and then doing what is right. You can try to limit what they will see, but typically that will make them either discount the value of your claim/injuries and/or not talk to you about a resolution. The bottom line is that you can try it your way and send what you believe are relevant/crash related medical records/bills and see if they will talk to you about the claim with just that info. If they won't (and they probably won't), you can decide your next move then. Also do read the language of your specific policy as it controls their/your duties re: cooperation.
Answered on Oct 08th, 2013 at 4:21 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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Yes, they can decline your claim if you do not allow them to independently obtain and review the records.
Answered on Oct 08th, 2013 at 4:19 AM

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