If you have been injured as a result of someone’s carelessness, more than likely, you will have to deal with an insurance adjuster. Insurance adjusters and the insurance industry will often go to great lengths to obtain information from you early and will also try to push you into an early settlement before you are fully recovered from your injuries.
Here are some common tactics used by insurance companies that you need to be mindful of:
Be very aware of this issue. Most medical authorization forms provided to you by an insurance company are often written to allow the insurance company to obtain all of your medical records and information. This information will not be limited to your medical records regarding the current incident. Instead, it allows the insurance company to obtain all of your past medical records from any and all problems you may have faced in the past that may have no relevancy to your current injuries. If you have ever been to a psychologist or psychiatrist, the medical authorization will also likely allow the adjuster to obtain these records.
Do not sign medical authorizations until you have consulted with an attorney. Signing blanket medical authorizations will do nothing more than allow an insurance company to invade your privacy for irrelevant past medical histories. An experienced West Virginia attorney can help you protect your privacy and knows what medical records need to be provided to the insurance company.
In West Virginia, Code Section 33-6F-2, requires that the insurance company disclose the amount of coverage available on an insured’s policy. Under this code provision, certain information must be provided to the insurance company before the release of the policy information. However, if the information has been provided and the insurance company still refuses to disclose the information, the insurance company could face civil monetary penalties.
More likely than not, you are out of money and the bills are piling up. The insurance adjuster knows that you have bills that need paid and that you have expenses that need taken care of. Lots of times, the adjuster will employ delay tactics like not replying to pertinent communications in an effort to wear you down to a point that you are in need of money and tired of dealing with the tactics-putting you in a place where the adjuster knows you will take a low ball offer.
In West Virginia, certain delay tactics are violations of the unfair trade practices act and can be turned into the West Virginia Insurance Commission. An experienced car crash attorney in West Virginia can assist you when the insurance company has caused unnecessary delays in your case.
Upon notice of the claim, the insurance adjuster will likely contact you immediately and attempt to obtain a recorded statement from you regarding the incident and what injuries you may have suffered. Be careful! The objective of the adjuster is often to get you to make statements that will hurt your case in the future. If the adjuster calls looking for this information, thank the adjuster for calling, but tell him or her that you don’t want to give a statement.
If you have been injured in an auto accident, an experienced West Virginia injury attorney can help you to understand the claims process and ensure that your legal rights are protected.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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