QUESTION
What can I do if the adjuster is avoiding me and I'll be having the surgery soon?
Asked on Sep 18th, 2012 on Personal Injury - Massachusetts
More details to this question:
I have pre-existing osteoarthritis. The accident aggravated my already damaged hips. Now, I am having hip replacement surgery.
8 ANSWERS
Personal Injury Attorney serving West Jordan, UT
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Kramer Law Group
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If you have an underlying condition that was aggravated by the accident, then the insurance company should be responsible for paying for any resulting medical care that's needed to make it right. Adjusters like to say they're not responsible for your pre-existing conditions. They're mostly right. But, you didn't need surgery before and you weren't having those symptoms before. Now you do have those symptoms. I tell my clients that this is like the arsonist blaming the dry forest for the forest fire when he chose to start a fire. The at-fault person takes you as they find you and is responsible for all resulting damages and medical procedures. I would talk to an accident attorney (most offer a free consultation) to find out what remedies you might be entitled to.
Answered on Sep 27th, 2012 at 11:29 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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DON'T talk to an adjuster! He'll try to trick you into saying/doing something that hurts your case. Hire an attorney immediately. Many people have pre-existing conditions that were aggravated by trauma. The insurer will try to make it look like your injury was mainly brought about by progression of the pre-existing condition.
Answered on Sep 21st, 2012 at 11:55 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You really need to have the assistance of an attorney in this situation. The insurance company will try to capitalize on the fact that you had pre-existing problems; however, the law states that an at-fault party is responsible for any aggravation they cause to the pre-existing condition so long as it was not going to degenerate in that direction anyway (more or less - this is a loose restating of the law). Whether the insurance company will be on the hook depends a lot on what your doctor says about your condition and what he can testify to. A qualified personal injury lawyer can help clarify this situation and get you fairly compensated for what you are owed under the law. Your situation is more complex than usual and may be difficult to attempt to resolve on your own.
Answered on Sep 21st, 2012 at 11:47 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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If you are having surgery soon, other than notifying the adjuster about the pending procedure, at this point there is nothing else to discuss with the adjuster until such time as you have the surgery and recover fully from it. In the event that you have residuals and you approach the two year anniversary of the incident, which is the deadline for filing suit, you cannot evaluate the value of your case until you have reached a pre accident state or have to file suit.
Answered on Sep 19th, 2012 at 1:09 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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When you get nowhere with the adjuster, send a final letter making your demand, and if there is no response, hire an attorney. A third party insurance company is not required to show good faith to you.
Answered on Sep 19th, 2012 at 1:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You need 2 things a good personal injury lawyer and a doctor who will say that the accident cause your condition to be exacerbated. Your words wont work.
Answered on Sep 19th, 2012 at 1:08 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Get a lawyer ASAP. You will be buried by an adjuster.
Answered on Sep 19th, 2012 at 12:27 PM
Contact the adjuster's supervisor.
Answered on Sep 19th, 2012 at 12:26 PM