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Additional Details
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staringmommy | Car Accident and trying to settle? |
I was in a car accident last december my back was injured and I have been trying to settle with them but they seem to keep delaying it I met with the insurance company last week and now they want more records.
do i have to give all the records they want cause some of them dont have anything to do with the accident (like my obgyn)
and how long can they stall they told me i only had 2 years to settle and its almost been a year
any advice on this situation would be so helpfull |
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Lion J
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First of all, was this accident clearly the fault of the other party?
Auto accident settlements sometimes take years, if they ever get settled.
Most reasonable people settle quicker if they feel that they are in over their heads, or if there is a lengthy legal battle ensuing.
Please be understanding if they are not able to pay. There is a reason we call them accidents. |
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mamatohaley+1
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When I worked claims people would never believe me when I would tell them it takes forever to obtain medical records - often 2+ months. I would be surprised if they want your OBGYN records. I never needed those when I would evaluate a claim. In fairness to the insurance company it is not uncommon to start reviewing the records and determine that they only have partial records or the records refer in their notes to some other treatment and then they need to get those records. If you want to speed up the process find out exactly what records they want and go and obtain them yourself. This will speed up the process. If the statute of limitations is 2 years that means you have 2 years to settle claim or file suit in court of law. I would not obtain an attorney yet as they will take 1/3 of your settlement. If you have a back strain then you are not looking at a very big settlement anyway. Don't get greedy you are not going to get 2 or 3 times meds. In fact the amount of your medical bills are completely irrelevant. |
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Robert H
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Just went through all this crap with state farm insurance they stalled me for six years I finally got them in court But i wasent allowed to tell the jury I was suing the insurance company and not the man who hit me by the way he had passed away four years after the accident through no fault of accident. You have to prove negligence on part of other driver. Thirty year mechanic told man he needed brakes . Walmart told man he needed brakes he did not get brakes as a result he hit me in the rear and gave me a whiplash . Personally I think that proves negligence. I Had a chiropractor come to court and say he had done all he could for me and a doctor statement that said I was hurt but he kind of slid over the facts. I had a local small town attorney which was a major mistake get the best attorney you can find they will take case on contingency and it will not cost you any thing if you lose. P.s. I was not allowed to tell the jury shots for my neck would cost 1800 dollars each.To make a long story short I lost blame my attorny most but by the court not letting me tell the jury some of the facts doesnt help either. I dont think you have to release records that are not relevant to your case . Good Luck to you hope you werent hurt to bad. Get the best attorney you can find.
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insuragent
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You dont have to release all the records, but in doing so you can hurt yourself and make it look like you are hiding something..
It sounds as if your state has a 2 year Statute ot limitations..this doesnt mean you have 2 years to settle in, only that you must protect the statute by filing a lawsuit prior to the expiration..of course lawsuits can be pricey, so depending on your case this may not be the best bet..you also have small claims available in many states.
I would ask them specifically what records they need, provide them or make sure your Dr. provides them and then let them know they have a reasonable amount of time to review the records (30-45 days) and present an offer or you are going to an atty (and then do it if they fail to reply..otherwise you will lose big in bargaining later) |
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yasmin
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sorry to say this but yes you have to provide all that they want to know because they want to try not to have you win this case they want to find something that could relate to your back***and it could take anywhere from 3 to 6 years or more*** |
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Chris
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Ok, now that you've heard everyone else's sob story and the insurance bashing has taken place, listen to the word from someone who knows!
It's not unusual for an insurance company to ask for current records from the accident and prior records. Normally they don't want your OB/GYN, but they may want records from any doctor you've seen in the past ____ years (fill in the blank). Everything they are asking for is discoverable (you'd have to provide it and more if you sue- by the time the case goes to trial they will know EVERYTHING about you). If they are able to provide a reasonable explanation for what they want then they're in good shape. Have you talked with a supervisor about how much longer this will be and can they make an offer with the information they have? You have a little more than a year until the Statute of Limitations runs, so you don't need to run down to the courthouse and file a suit to preserve it, so that's good (based on what you said). You have until two years after the accident date to either settle or file suit to keep the Statute from running.
Also, to address another person's comment, insurance cannot be mentioned at a trial. If it is, it's an automatic mistrial. If you file suit, you're suing the person who hit you, not his insurance company. Claims examiners do not like to have claims open for long periods of time, so the fact that more information may be needed to see your case in the proper light is not for their pleasure. They have hundreds more cases on their desks they'd like to close. They have to be fair and they have to be able to fully evaluate your case.
However, if you have concerns that this is not the basis for their request, go up the chain of command, but don't expect the world to change because of that. |
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mbrcatz
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Several crucial questions . . are you trying to settle with YOUR insurance company, or the other persons? Are they making you ANY offers?
If you don't want to give them COMPLETE medical records, they don't have to make you an offer. If it's YOUR insurance company, if you don't fully cooperate, it can invalidate your claim.
It's not true, however, that you only have two years to settle. The truth is, you only have two years TO FILE A LAWSUIT. You can settle any time up until there is a final judgement on a trial.
Before you hire a lawyer, you need to sit down and talk to your insurance agent about this, this is what you pay them for!! |
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geek49203
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This is a typical tactic in such lawsuits. They will run out outta money, frustrate and embarrass you until you just want things to go away. So, the answer is, "get used to it."
Your lawyer will have to convince the judge that the other side doesn't need everything that they are asking for. |
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bungee
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My daughter in law was back injured like you. Insurance co. are not nice warm fuzzy people and if you continue to deal with them on your own you will end up being royally screwed. Get a lawyer who specializes in auto accidents and fast. this is not the time to be nice. remember you are the one injured. My daughter in law ended up with $300k and they settled on the courthouse steps. |
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