5. Negotiate.
After you send a demand letter you will begin negotiating with the insurance company.
Things To Not Do
a. It bears repeating, do not exaggerate or seek out excessive medical treatment. Not only are you doing your own case a disservice, but you also hurt everyone else’s case coming after you by giving the insurance industry more propaganda about personal injury claims.
b. Do Not Lie. Your credibility is everything. Everything you say or write, to the insurance company, your doctors, and anyone else, will be scrutinized for inconsistencies to attack your credibility. It is worth mentioning everything you tell your doctor is usually written down by him/her in your medical record.
c. Do Not Give A Recorded Statement.
The insurance company will ask to take a recorded statement. Do not do this. You are simply giving them a statement that they can later use against you. Tell them if they want your statement under oath, then that is what a lawsuit is for. One important exception is if you are seeking UM (uninsured/underinsured) insurance benefits. If this is the case, first I do not recommend you proceeding without an attorney. UM is complex. Second, your UM insurance is controlled by your insurance contract and you may be required to do certain things or risk losing coverage.
d. Do Not Sign A Release For Medical Records.
This is your claim. You control it. Your health information is protected by federal law. The insurance company is trying to get a release so that they can go after all your medical records to find prior injuries or other damaging information. And by all I mean medical records outside the doctors who saw you for this accident, such as OB/GYN, optometrist, and drug/alcohol treatment to name a few.
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