Personal injury attorneys understand the risks associated with medical releases and how they can impact your car accident injury claim. Do you? Sharing all your medical records with your insurance company can jeopardize your case. It’s crucial to only provide the medical records from the hospital and the treating physician who saw you after your accident.
Giving all your medical records to an insurance adjuster can negatively affect your car wreck case for several reasons:
1.Loss of Control Over Your Information: When you provide complete access to your medical records, you lose control over which information the insurance company can see. They may access unrelated medical history that doesn’t pertain to your injury, which could be used against you.
2. Pre-Existing Conditions: Insurance adjusters may scrutinize your entire medical history to find pre-existing conditions or past injuries that could be presented as contributing factors to your current pain or disability. This could reduce the perceived severity of your current injuries and weaken your claim.
3.Exaggeration of Claims: Insurance companies may use your medical history to argue that your injuries are exaggerated or that you have a history of similar complaints, undermining your credibility.
4.Settlement Negotiations: If the insurance company sees information in your records that they can capitalize on, they might offer a lower settlement amount than you deserve, believing that your case is weaker based on the additional medical information.
5. Privacy Issues: Sharing all your medical records raises privacy concerns. There’s a risk that sensitive information could be misused or improperly disclosed, impacting your reputation or personal life.
6. Strategic Disadvantages: The more information the insurance adjuster has, the easier it is for them to develop strategies to minimize liability. It can ultimately give them an upper hand in negotiations.
In short, being cautious about what medical information you share with an insurance adjuster is crucial. It’s wise to consult a personal injury attorney like Henry Queener to navigate this process.
After being in an accident, we know the last thing you want to do is report it to the insurance company fearing they will raise your rates. You may be thinking how much of a financial stress is ahead of you in the near future, but thanks to Colorado statute C.R.S. §10-4-628, your insurance rates CANNOT increase if you are not at fault.
C.R.S. 10-4-628 states:
(1) No insurer shall cancel; fail to renew; refuse to write; reclassify an insured under; reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner; or increase the premium for, unless the increase is part of a general increase in premiums filed with the commissioner, any complying policy because the applicant, insured, permissive user, or any resident of the household of the applicant or insured has:
(a) Had an accident or accidents that are not the fault of such named applicant, insured, household member, or permissive user.
Suppose you were in an accident that was not your fault which then left you with over $100,000 in medical bills, and the party that hit you had bodily injury limits of only $25,000. We know that $25,000 is not enough to pay off your medical bills, nor is it enough to try and compensate you for your trauma, lost wages, bills, etc. That is where your UIM coverage will kick in. Underinsured motorist protection is triggered if the other party does not have sufficient coverage for your losses. Then your insurance will step in and provide the additional coverage.
What if the party that hit you does not have insurance coverage? How will you pay for your medical bills? That is where UM coverage steps in. Uninsured motorist protection offers coverage if the at fault driver does not have the required insurance coverage. This way you are still protected.
In Colorado, by law it is required to have UIM/UM coverage on your auto insurance policy with minimum limits of $25,000 per person, $50,000 per accident. However, if one chooses to opt out of this, they may do so by rejecting the coverage in writing. This is something we strongly DO NOT recommend, as it is better to be safe than sorry and pay more to have the extra layer of protection you need just in case. Having the extra coverage can seem silly as we always think these things can never happen to us, but you will be thankful for having it if you ever find yourself in the unfortunate situation where UIM/UM is necessary.
The short answer is YES. From fender benders to major vehicle accidents, obtaining a police report is crucial to not only establish the details of the accident, but to determine liability as well. Depending on the nature of the accident, an officer may give you the option to submit your own report online or allow them to make a report themselves. The best choice is to let the officers do the report while on scene so no vital information gets missed. And if some reason you are required to submit your own report (ex: no officer on scene), we recommend you do it ASAP so details about the accident are not forgotten that could potentially affect your case. In Colorado, the law states you have 60 days from the date of the accident to file your report. Even though Colorado law does not require police reports for minor collisions that are less than $1,000 in property damage and do not result in the other party being injured or deceased, it can benefit you in the long run to report it to the proper agency as it contains details that will help insurance companies while working this claim.
But what type of information is on the police report that makes it so important? It contains where the accident happened, what time, who was involved, who were the witnesses, photographs of the scene, officer observations, a diagram of what happened and how fast the parties were driving. Besides that, the report will also show if and who received a citation, which will make it much easier for insurance companies to determine liability.
We understand how scary it can be to be involved in a car accident and we know the first thing you want to do is go home and try to put it past you, however we strongly encourage you to take the extra time needed to allow police officers evaluate the scene and make a police report that could make a difference in your insurance claim.
To car insurance companies, it makes more business sense to pay out a minimal settlement amount rather than work with you to resolve your claim. Insurance adjusters may try to coax car wreck victims into settling their claims quickly with low-ball offers or quick checks. Having your claim open costs the insurance company time and money. Bottom line: Don’t fall for a quick check from your insurance company. It may cost you later.
Unfortunately, what most car wreck victims don’t understand is this:
When car wreck victims sign a quick check, they have entered a binding contract representing themselves. They have settled both their bodily injury and property damage claim for one lump sum.
Often, car wreck victims will start seeing unresolved issues, like unpaid medical bills. They may begin to receive collection notices for past medical bills for which they are responsible. Their health insurance company may refuse to pay due to injuries sustained in a car wreck. Their medical treatment may be more intensive than initially thought.
When car wreck victims represent themselves, they may find themselves in a trap they didn’t know existed with car insurance companies. Even a minor accident with minor injuries can result in a financial downfall when uninformed decisions are made. Hiring a personal injury lawyer like Henry Queener will ensure that car wreck victims get the best outcome. Let our highly experienced legal team work for you while you focus on recovering.
Contact Queener Law today for a free consultation.
Hiring a Personal Injury Attorney After a Car Wreck
How Much Does It Cost?
Hiring a personal injury attorney after a car wreck should be the first thing you do. With Queener Law, you’ve got a great team who’s going to work for your best interest against the insurance company. When we take your case, we handle everything. We gather evidence and hire experts to prove your case. When finish your medical treatment, we gather medical records and bills to submit to the insurance company.
Don’t try to figure out the rules of the crazy insurance game by yourself when you can have a team of professionals that know how these insurance companies work.
All you need to do is focus on your medical care so that you can get back to where you were before the car wreck happened. Hiring Queener Law after a car wreck allows you to not worry about dealing with lost future earning capacity or the reduced ability to earn a living for yourself and your family. Remember, the insurance adjuster only wants to close your claim as quickly and cheaply as possible. This could be very detrimental to your physical, mental and financial health.
Leave it to Queener Law to play the car wreck game and take care of the insurance companies for you.
We work on a contingency basis, meaning that we handle all the upfront costs and only get paid when you receive a settlement. This depends on the amount of the settlement and case expenses. Contact us today for a free case evaluation and with any question.
After nearly four years of fighting, Queener Law won a jury verdict in Arapahoe County, Colorado, against Starbucks.
For years, Starbucks Coffee Company knew that its roof and downspout leaked onto the sidewalk. In the colder months, the water on the sidewalk froze solid, covering the entire corner of the pavement. Customers walked across that pavement to get to their cars after spending money on coffee and tea at Starbucks. Employees complained. Customers fell and were injured. Yet Starbucks did nothing to fix it.
Sometimes Starbucks threw ice melt on the sidewalk. Sometimes they shoveled it. Most of the time, they did nothing.
In 2019, our client stopped at Starbucks to get tea on his way to a business meeting. When he was walking back to his car, he came around the blind corner and stepped on the sheet of ice. His feet flew out from under him and he landed on his back and outstretched arm. He tore his shoulder and suffered multiple, severe injuries to his spine. Our client went to the emergency room and a series of specialists. He had shoulder surgery, spinal procedures, and years of rehabilitation.
What did Starbucks do? Nothing. They did not make an incident report. They did not offer to pay his medical bills.
Starbucks offered him a $50 gift card and their well wishes.
It took our client nearly $200,000 in medical debt to get his shoulder fixed and his spine back to the point that he could still work. His spinal injuries are permanent and he will never be the same. But all Starbucks offered him was that $50 gift card.
Queener Law’s history shows our team wins trials.
We took the case on his behalf and pushed Starbucks to take accountability.
During the litigation, Starbucks’ representatives testified that Starbucks maintains “a culture of safety,” but admitted that nothing was done on the day our client fell to treat the ice, warn customers, or make it safe. Nothing. Their team of attorneys created false scenarios about our client, claiming he was faking his injuries, exaggerating his losses, and maybe didn’t even fall in the first place. The Starbucks team tried any and every tactic they could to avoid taking responsibility.
At trial, our team showed video from the scene of the fall. We called our client’s doctors in to testify that not only are his injuries real, they are permanent. We had an economist testify about the financial hardships Starbucks’ negligence caused him. The proof was clear.
The Arapahoe County jury returned a verdict quickly and clearly.
They found that Starbucks was negligent and responsible for our client’s injuries. Their six-figure verdict put our client back on the road to recovery.
We are beyond grateful to our client for trusting us with his case and to the jury for bringing justice.
When Queener Law litigates cases, our team wins trials. We see justice done or we don’t quit pushing.
