Insurance adjuster still havent determined liability?

Question

I have been dealing with an insurance adjuster since Dec. The accident i had isnt complex at all. She asked we to sign hipaa forms to collect the medicals from the providers them self, I dont have anything to hide so i signed them. And she mailed be the copies of the hipaa forms she sent out. In the letter she wrote she may need more hipaa forms later on. I told her im not signing anymore hipaa forms until she determine liability. Medical records can not help you determine liability. She had since Dec. to determine that. Also in that same letter she wrote me she stated that she needs a signed statement. I told her that she can have a signed statement when and if we can come to an agreement/settle. DO anyone have any advice or could tell me what i did was in anyway wrong or right?

Answer 1

Whose insurance adjuster are you dealing with?  Your insurance company's or the other party's insurance company?

Edit:  The other party's insurance co. has no incentive to hurry any settlement with you.  It was a mistake to allow them access to your medical records for anything other than treatment of injury directly connected with this accident.  They use that access to go fishing for evidence of "pre-existing conditions."

I don't know the circumstances of your accident:  if you were driving your car at the time, why aren't you going through your insurance?  If you were a pedestrian or passenger (in which case your insurance doesn't apply), you will probably have to give her a deadline to settle with the threat of "pursuing other means of recovery" elsewise.  Be prepare to follow through if they don't agree.

Answer 2

Yep, you're dealing with the other party.  They have NO duty of good faith towards you.  They either have decided they aren't liable, or they have decided you would have a hard time proving their insured liable in court.

She also  could be trying to run out the statute of limitations - 2 years in most states - which would mean that it's too late to file.

My advice:  talk to your agent about the accident, to get state specific advice.  You HAVE to give them that information, sooner or later, if you hope for a payment.  But without knowing anything about your injuries, the accident, what state you are in, or what coverages both policies have, it's IMPOSSIBLE to give you more specific advice.

Answer 3

In order to get helpful answers we really need to know what state you are in.

As an adjuster myself, I will bet big bucks that she has already determined that they are accepting liability. If wasn't accepting liability I would not waste my time getting you to sign the medical release form. If they aren't accepting liability they have no need for the med records. I don't know of ANY adjuster who has the time to order med records on files they won't be accepting liability on.

Have you asked them if they are accepting liability?

If this is a car accident did they pay for your car?

The only thing that makes me think she hasn't accepted liability is the fact that she is asking for a signed statement. Normally, adjusters get those very early in the claim process.

If you haven't already done so, ask her if she has accepted liability. If she says "yes" then ask her to put that in writing. If that doesn't work, call her claim mgr and tell them what is going on, be calm and professional on the phone. Four months is plenty of time for an adjuster, even a rookie, to determine liability on 99.7% of claims.

Good Luck.