This may be the shortest chapter of the book but it is darned important. Those folks from the other driver’s insurance company call on a regular basis and they sound so nice and concerned… but remember that they are your adversaries. They are not your advocates!
This chapter covers the following:
If you were the victim of another driver’s negligence, their insurance company should pay you for your injuries and other damages. However, they will also do everything in their power to limit that amount. They do need to know the extent of your injuries, but how they go about discovering that information can be within your control.
First of all, do not ever sign a blank medical release form for the other side’s company. They will use it to go well beyond the date of your accident, into your personal health history, seeking a preexisting condition that they might be able to blame your injuries on. The only way they could do this is if you sign a blank medical release form for them. So don’t do that!
Also, if you’re not represented by an attorney, the insurance company will call you on a regular basis. Every single time you talk to them, they write down everything you say. If you are having a relatively good day and say, “I’m feeling a lot better!” they may use that against you later by suggesting that your treatment should have stopped that very day. (See Chapter 4)
Often, insurance companies ask for your date of birth and social security number so that they can verify whether you are on Medicare or Medicaid. They are required by the federal government to do this. But, you should assume they will also use it to look into your past.
If you do have a lawyer, the other driver’s insurance company is not allowed to call you anymore; they will call your lawyer for updates and paperwork. The lawyer knows how to “talk-the-talk” and can update the company representatives on relevant treatments and damages that you have incurred.
So, not only does a lawyer free you up to focus on healing, but he or she can help you avoid the pitfalls hidden in seemingly innocent inquiries from the at-risk driver’s insurance company.
