Help! What can I do about an out of control insurance agency?

[peacebird]

background - twit lost control of his big truck Dec 23rd and slammed into my little car, breaking my front axle and then smashing in the back quarter panel. Long story short, my lower back is screwed up.

His insurance company has admitted total guilt on his part and paid to fix the car, no questions. BUT they just sent me a two page medical release form that totally baffled me. Asking for a free pass to inspect all my medical records - including looking specifically for AIDS/HIV, drug or alcohol addiction/treatment, all prescriptions, genetic testing and all medical records (how does this pertain to an auto accident?) - in addition they say this information will be shared with their sister companies and might prevent me or my family from being eligible to get insurance in the future?

:wtf:

they want this carte blanche for TWO YEARS from the date I sign it as well (and say if I don't sign it, no claim can be filed). I am horrified and totally furious that they can claim a right to all my records in such detail. Frankly - yes - check to see I don't have a preexisting back problem. But the rest of this stuff reads like they are trying to scare me out of filing for the medical claim.

Has anyone ever dealt with such a thing? Suggestions?

[nothingshocksmeanymore]

1. Don't sign anything and get a lawyer

Do not handle this by yourself..you will get screwed.

[peacebird]

4. never had to get a lawyer - how do you find a good one?

i'm in the northern virginia area....

[nothingshocksmeanymore]

6. Call your local state bar assn and ask them for a referral or

ask them what they recommend in terms of finding a personal injury lawyer. Here in California, we have what are known as certified specialists for various areas of law.

Word of mouth is also good too if you have a friend or family member that has used a PI lawyer in your area.

[Options Remain]

2. Get a Lawyer!

do not sign anything until they have seen it.

TearForger

[eleonora]

3. what they said

Lawyer lawyer lawyer!!!!!

[democracyindanger]

5. Lawyer up!

It would've been nice to keep it simple, but the insurance company is forcing you into this.

[papau]

7. There is a standard request - and this does not sound all that

standard.

It may be that they pulled the DI or medical insurance claim forms - rather than casualty forms.

They will want medical info - and the share the info demand is standard in a medical insurance app situation - but that is not your situation.

I read "scare" - and you should fight

But a letter to your insurance commissioner in your state that contains a copy of your letter to the President of the Insurance Company is the way to go. It is unlikely that you will need to hire a lawyer - at least at this stage.

[peacebird]

10. thanks - just called state insurance comm office

They said this request sounds "inappropriate". They said to call the company and ask if perhaps the wrong form was sent (a medical form for life insurance) and if not then they suggested that I write to the state insurance Comm office and send a copy of the offensive form so they can look into it.

I think I will have to get a lawyer too.

[papau]

11. Excellent! I suspect the Insurance company will cave - just hang

in there.

But a lawyer - despite the cost - is worth it for peace of mind if they are intent on fighting/delaying/discussing the extent of loss forever with silly low offers.

[Brewman_Jax]

8. Contact your state's insurance commissioner

in addition to a lawyer. Their request sounds about as right as my left hand, and that ain't good. :shrug:

[tsakshaug]

9. Lawyer

The insurance company is covering them selves in anticipation of getting sued by you. Do not talk to them on the phone. Do not sign anything. Get a lawyer. Most personal injury lawyers work on a contingency basis, taking a percentage of your settlement, so no upfront costs. This could drag on for awhile

[LibertyLover]

12. Insurance problem

This sounds very much like an accident my stepdaughter had 4 years ago, with the same results (car totaled and back injured). She engaged a lawyer after the insurance company tried to screw her over. They didn't even want to pay her medical and physical therapy bills, even though their client was adjudged to be totally at fault. Her lawyer got things paid and when the insurance company offered an extremely insulting lowball settlement figure, sued them. The case should go to court fairly soon. I agree with everyone who is advising you to get an attorney now. As for finding one, my suggestion would be to check with your county bar association first, rather than the state's.

[lpbk2713]

13. Be very mindful of what you do at home outside your house.

They could be taking pictures of you doing anything that requires any exertion; loading/unloading heavy objects from your car, doing yard work, minor home repairs. They need photos of activity like this to argue you're not really hurt after all.

[peacebird]

16. wow - hadn't even considered that...

not that I am carrying much anyhow these days. For grins and giggles I have to relate that the state insurance comm office said to double check that the wrong form had not been sent to me, so I called the evil insurance company and was told that the correct form was sent - and would I please sign it and send it back.

I think NOT.

[radwriter0555]

14. HIRE THE MEANEST LAWYER YOU CAN FIND. Do not answer

ANYTHING.

Do not under ANY circumstances hire a NICE lawyer. Hire the one who has the most expensive ads on teevee and who is the rudest to you.

Those are the sumbitches who will get the job done. They have lawyers taking care of their business, so you need a lawyer takign care of yours.

I do do do hope you had medical expenses on your insurance... if so, make sure your insurance co is involved, and if you don't have medical coverage on your insurance, ADD IT ON immediately.

[radwriter0555]

15. BTW there is NOTHING wrong with having a previously injured back, this

is irrelevent, and in fact, because you have an injury that was further exascerbated by the accident, is cause for more compensation on their part. You've done nothing wrong here.

[guitar man]

17. Yes, get a lawyer

... the meaner the better. You do not have to settle for any less than it will take to put you back like you were before the accident, or as close as possible to that.