Negotiating With Your Own Insurance After an Injury

Settlement negotiations might be a little different when you're dealing with your own insurance carrier.

A claim that you file under your own insurance policy -- for example, under the uninsured or under­insured motorist coverage of your own automobile insurance policy -- is referred to as a “first-party” claim. The rules for proceeding with a first-party claim are determined by the specific terms of your policy. And often your policy requires a bit more from you than a third-party claim (one filed with the insurance company for the other side). Read on for some helpful tips on negotiating with your own insurance carrier.

Cooperation is the Key

As with all negotiations, how you act during settlement will affect the outcome of your claim. In general, your own policy will require that you cooperate with your insurance company during the claim. Of course, what cooperation means is subject to different interpretations. It usually comes down to what is reasonable under the circumstances: your right to privacy balanced against the company’s right to get enough information to process your claim.

Most policies spell out the main points of coop­eration you are required to provide, such as:

Timely notification. Your policy may provide a specific time limit within which you must notify the company of your claim. Even if you have missed this time limit, however, your insurance company cannot deny your claim unless it shows that it has been prejudiced -- harmed in some way -- by the late notice.

Authorization for release of medical records. You must sign an authorization permitting your insurance company to obtain medical records concerning all medical treatment you received in connection with your injuries stemming from the incident at issue.

Authorization for release of personnel and other income records. If you have claimed income loss, you must sign an authorization permitting the insurance company to obtain directly from your employer information concerning your ­income and your work record.

Be Careful What You Sign

If you’re provid­ing authorization for your insurance company to obtain medical or employment records, read the authorization form carefully. You shouldn’t have to release records about any time period or any medical treatment that is unrelated to the accident for which you are seeking compensation. For example, if your shoulder was injured in the accident, you should not have to provide records from your bunion surgery. If the authorization is too broad, write in a sentence that limits the time period for which records may be obtained or that describes the parameters of the medical records the insurance company is allowed to obtain.

Requests for an Independent Medical Examination (IME)

If your insur­ance company requests that you have an independent medical examination (IME), read the policy carefully to see what the terms are. In general, make sure there is only one examination, that the insurance company agrees in writing to pay for it, and that it is arranged at your convenience, not just the doctor’s. Also, get a statement from the claims adjuster in writing, in advance, of the limits of the examination. You have to undergo an examination only of the ­injuries you claim, and not a general physical exam.

If you have any dispute with the adjuster for your insurance company over submitting to a medical examination, providing information, or following policy rules, do not take the adjuster’s word as gospel. Read the policy. If you don’t have a copy, the adjuster must provide you with one. And if you reach a stalemate with your own company’s adjuster about any point of negotiations or about the amount of the settlement offer, you may have to switch negotiation strategies.

This article is an excerpt from How to Win Your Personal Injury Claim by Attorney Joseph Matthews.

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