Saturday, August 9, 2008

Insurance Quandry

The Insurance company of the driver that hit my bike riding son, with her car is sending forms. The driver has been cited for being at fault & ticketed.

They want him to sign off on releasing all medical information (ever) & "no longer protected by federal privacy regulations".

The authorization terminates either by revocation, or upon final resolution of all claims.

We have nothing to hide, but I don't feel comfortable giving carte blanche access to everything ever, when all they need is the exam from the ER that is related to this accident.

Any experience with such paperwork?


Dada said...

Well, Mrs. Dada thinks they, the insurance co., is groping for ANYTHING in his medical history that would exclude him from their responsibility of having to cover anything that happened to your son as a result of their insured's negligence.

I don't know how insurance cos. work nowadays (since they're even more devious than my experience with them in the last century), but it will be interesting to see how this unfolds (and an education!).

D.K. Raed said...

I was thinking exactly what Mrs D is thinking. Let's just say if your son ever saw a doctor or even the school nurse & complained that his back hurt (like maybe from a football tackle), and now due to this accident, he ends up needing physical therapy for his back, the ins co will first try to deny responsibility saying it was a prior condition. If that is contested, they might try for shared-responsibility (you pay xx%, they pay x%, based on some formula taking into account that prior condition BS). Neither is fair to your son, based on what actually happened & how he ended up injured.

I don't know how you can get around it, but definitely do not give your rights away without full understanding. Have you contacted YOUR insurance company to help deal with the at-fault ins co? They know the lingo. Does your state have a state insurance commissioner, a dept that handles consumer arbitration or acts as a consumer advocate?

I do know this: you can always line through parts of any document that you don't agree with, initial what you've lined through, insist on a certified copy of the altered document, and let the ins co get back to you about it.

The fine line you will be walking is that by the very act of NOT agreeing to the health disclosure, they might automatically assume that you do INDEED have something to hide.

Fran said...

Thanks Dada & DK_ I was thinking about doing the line crossed out w initials thing, but what snakes!!!
They don't even know if he is injured, and already they are looking for ways to not cover him.

They would be off the hook easy to replace his bike, laptop, pay the ER bill & a pain & suffering stipend.

Don't make me get a lawyer!

I will ask my insurance people about the ppwk though- thanks for that suggestion- because lawyers are snakes too.

enigma4ever said...

You can always send a letter and let them know you are seeking advice of your counsel- and your own insurance company. They are not allowed to see ALL records- ONLY the records of the incident- and that is one reason there is a FEDERAL law- they are not allowed to break that law or ask you to break it.

I would also contact legal aid in your area and ask this as well....before signing anything.

I would write and say that you had recieved their papework- but that because of THEIR requests- esp the request that violate Federal Law- you are seeking help with the situation..

( they also are doing this because he is a kid...they are SOB's they probally are hoping to find drugs/arrests etc ANYTHING to get them off the hook)

Fran said...

They won't find anything, E, in fact because he is a security guard, he had to go through drug testing & be certified by the State.
But clearly they are gathering up their defenses, althoug the first guy they sent gave us the "we care about you & we are going to take care of you". Yea right....

enigma4ever said...

I know dearie- I was just warning know...shitheads that they

enigma4ever said...

BTW I love your slideshow...awesome..I come here when I am cool..

Anonymous said...

Her insurance companies job is to hose you as much as possible.

Give them nothing..nothing at all that you don't have to.

When in doubt..consult a lawyer you know..or ask YOUR auto insurance company which is hopefully different than her's.

Fran said...

It's been very strange, suddenly thrust in this situation. It was hard to get a straight answer... even on if we needed to file a DMV report. One clerk said No, another said Yes, and a few others said if one files the other must.
Baa! Just filled one out just in case.

I did talk to our insurance guy.
He said it is relatively standard for them to ask for all medical records, but OK to just sign off on the ones that relate to his particular visit related to being hit.

Still the overall relief that he seems to be OK prevails- because i am left here thinking- jeez- if they are pouncing on this when he is NOT having surgeries, and was not hauled off in an ambulance.

So it's been a strange odyssey.

Thank you all for helping us through this.

enigma4ever said...

We are still your back woman...we trust no one ;-)

We KNOW how crappy all these things can be...many hugs to you and your son and mr.ramblings...namaste...

Fran said...

Mr. Ramblings! I love it.... he will get a kick out of it too.

enigma4ever said...

gnite to mr and ms ramblings...and to the wonderful brave son....