Expert: Richard Hixenbaugh - 5/26/2010

Question
RH,

I have learned a lot from browsing through your prior answers, but I did not see this one covered yet.

What communication must my wife have on the telephone with the at-fault insurance company's claims adjusters regarding an injury claim, if any?  

The at-fault insurance long ago accepted liability and settled the property damage for our vehicle, and we continue to methodically document all medical expenses incurred from the accident as my spouse continues to mend.  my spouse continues to experience stress related to the accident, and we have tried to minimize her having to talk about it with others.

I served as point of contact with the 3rd party insurance all through the property claim, and have done so with periodic updates on the injury claim.  but we are now receiving letters and phone calls again asking for direct contact with my spouse.

We have sought to cooperate fully, despite having received some faulty information and bad advice from representatives of the at-fault insurance company before, but we are reticent to have my spouse make recorded or other statements unnecessarily.

I don't know if this matters:
Although we have on occasion consulted with friends of friends with legal experience, we do not have legal representation and are hoping to avoid needing it.  At one point i volunteered to the insurance company that I was checking with others for some advice on how to proceed, which resulted in a change in our adjuster and references to "legal representative" in some of the communication.

If the at fault insurance company accepted liability for the property damage, their insured was cited, and we are well within our 2-year period for presenting a demand, exactly what information is my injured spouse--and the driver of the struck vehicle--required, if any, to provide at this time?

Regards!

Answer
Hi Noce,

This is a good question.

The insurance adjuster is likely trying to reach your wife under the guise of a simple update of her condition, treatment and prognosis. Assuming that your wife has already provided her account of the incident at the onset of this process, she is not obligated to speak to them on the phone at all. You should respond to the insurance company in writing telling them that all correspondence from this point forward are only to be in writing. Ask them to provide a written list of questions if they require any information from your wife and that she will respond in writing. Then carfully research the nature of each question prior to answering. You can provide them with an approximate date that your wife's doctor has said she may complete treatment. At that point it will be necessary to assemble and submit a formal demand package that will include all of your wifes medical bills. medical notes concerning diagnosis, treatment and prognosis, a sumary of the events and an accounting of yout total demand including medical bills, lost wages and pain & suffering.

If at any point the insurance comapny begins difficult to deal with, you should seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh