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Question
I was in a accident where I was rear ended....I went to the emergency room, to my primary care doctor and to 7 weeks of physical therapy.  I kept all original bills and all doctor's notes.  When I was through I sent all of that info to the insurance company....who is now asking for all of my EOB's from my personal medical insurance company (they filed a lien that is how they know they were paid by them#.  They are stating that all they have to pay is what my personal medical insurance has paid plus my co-pays. They are also stating that Arizona,Phoenix) is a Paid Vs Incurred state and that is why they want my EOB's.....the insurance company is "Hallmark" and I have been told that they are very difficult and I may want to hire an attorney.  I know that the guys policy limits are 15K so I really don't want to hire an attorney and give up a 1/3 of my claim. The adjuster claims he will put my claim on hold until I produce those EOB's...Everyone I've talked to said not to give them these documents but I don't want the claim on hold forever.  Can you give me a direction to go with this.

Answer
Unfortunately, I cannot give you advice on this topic.  Your question requires me to interpret law in order to answer it and since I am not a licensed attorney, I can get in trouble for answering this type of question.  So. . .

I will tell you that it seems you have a good handle on the situation.  It just seems uneconomical to fight when the limits are only $15K, right? Makes you think there might be some underlying claims settlement tactic at work here.  Attorneys won't get too excited for a small claim, and very few people can successfully navigate court on their own.  Additionally, in AZ if you even try to use small claims court, the insurance company will hire an attorney and you'll normally be kicked out up into "big boy" court, where you will definitely need an attorney because the formal rules of evidence, procedure and discovery will then apply.  

Makes it seem like the victims with smaller damages get the short end of the stick in the small claims system that AZ has set up.  Sorry I could not be of better assistance.  

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Justin Petty

Expertise

Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.

Experience

Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

Organizations
NASP (National Association of Subrogation Professionals) AllExperts.com (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

Publications
10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

Education/Credentials
School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author (EzineArticles.com) All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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