Expert: Anne - 5/12/2010

Question
QUESTION: I was injured in a not at fault collision.  The responsible parties insurance adjuster wants a medical authorization form signed.  I do not wish to sign this form.  Is it okay for me to send the medical records my self to the adjuster with my demand letter/expense report/ ect....also where can I get a wage loss form?  Is my employer at the time required to sign it?

ANSWER: Hello David,

Yes, you have a right not to sign anything. Also, you could do as you outlined, get the records and then send them in with your demand letter.

Remember that you cannot ask for payment of a record/visit if they do not see the record. In other words, you will only be paid if you surrender the record. The insurance company has a right to see what they are paying for.

For more about injury claims, please see:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

Good Luck
Anne
http://www.quirogalawoffice.com/

---------- FOLLOW-UP ----------

QUESTION: When I was injured I was prescribed medication that cause a severe allergic reaction and incurred additional medical costs and pain and suffering as well as anxiety....1st question...is the BI liability responsible for the medical bill of the allergic reaction to the medicine prescribed for pain cause by the collision?  Does being prescribed xanax help or hurt my case in the eyes of the BI adjuster?  Thanks!

Answer
Hello David,

Well... maybe.

It depends on your state case law and legislation. Some states follow a "Cardazo" approach and some an "Andrews" approach.


See: http://www.auto-insurance-claim-advice.com/Causation.html

You may argue that "But For" the accident, this might not have happened on the first place. They may argue that the negligence of the doctor is not their negligence.

It's a matter of learning how to argue this case, You may consider talking to a local lawyer before making a decision on how to bring this up.

Sorry I cannot be of more help
Anne
http://www.quirogalawoffice.com/
http://www.spokaneimmigration.com/