Sooner or later after a NC car accident the injured party with be contact by the insurance company. Our attorneys counsel our clients not to speak with either the negligent party’s insurance or their own. The law is extremely complicated and after decades of cases full of loopholes for the insurance companies. As such, what might seem like an innocent question could be the insurance company’s attempt avoid responsibility. Insurance adjusters in NC typically will request to record any and all conversations with the injured party.
"I am very happy to post this review about Matt Fleishman and his team! After my accident it was a very stressful time for me physically and and emotionally. From the first meeting with Matt i knew that i was in good hands. I am very pleased with the outcome of my case and the settlement received. Leaving no stone unturned and excellent service, hands down Matt Fleishman and his team at Rosensteel Fleishman come highly recommended from me. To those dropping by and reading this i will say “You have come to the right place.” So…Thanks to you Matt and your team at Rosensteel Fleishman….."
Neil Simcox - Google Review
The insurance company is calling me asking that I give them a recorded statement. Should I?
As a general rule of thumb our Charlotte personal injury attorneys do not allow our clients to give recorded statements to the insurance company. There is no requirement to give the insurance company a statement as to what happened during the NC car accident. The adjuster is not asking questions to help the individual. Many times they are asking questions in an attempt to get the individual to say something that will weaken or damage their claim.
Questions dealing with speed, location, distance, and time are extremely relevant in determining fault and damages in a NC personal injury case. There are hundreds of NC Appellate and Supreme Court decisions dealing with each one of these elements. As such, our NC personal injury attorneys counsel people to consult with a NC personal injury lawyer prior to speaking with the insurance adjuster. Further, many times an individual’s own insurance company will request a recorded statement, claiming it is required under the insurance policy. As with the liability policy this is not required as the standard NC insurance policy only requires the “cooperation” of the insured. It does not define cooperation and as such we do allow our clients to give recorded statements to their insurance company prior to filing a lawsuit.
One of the more deplorable acts by insurance companies is visiting individuals injured in NC car accidents in the hospital. As the insurance company has absolutely no authority in determining either the scope or scale of an individual’s medical treatment there is no valid reason for the adjuster to be there. Just because the injured party was hurt by the negligence of their insured does not give the adjuster the right to be present at the hospital. The main function of the hospital visit is to begin gauging the injury claim and minimizing it. Further, many times the adjusters will take notes on the family to determine how desperate they might be to settle the case or how they might appear in court.
Should I let the NC insurance adjuster visit me at the hospital?
As a general rule our Charlotte personal injury attorneys do not allow the insurance adjusters to visit our clients at the hospital. The insurance adjuster has no legal right to visit the injured party without their permission. Many times individuals are on medication that can impair their thoughts and reasoning. Further, dealing with insurance companies can be very stressful, especially if the injured party is unsure of what to say or they are worried about damaging their claim. There is little to nothing to gain by meeting with the insurance adjuster at the hospital and as such our NC personal injury lawyers counsel against it.
"My wife and I were involved in an accident in March of 2013. We were hit while crossing an intersection and our car rolled onto its roof. We contacted Matt in the couple days after the incident and were very pleased with his counsel. He advised us on how to handle our situation and we were very pleased with the result after our case was settled. Additionally, his staff, particularly Tori, worked very hard on making sure we had transportation and that our property damage claim was handled appropriately. I recommend Matt to anyone who has been in an accident with bodily injury. He’ll make sure you’re matter is handled well and will make sure that you understand what is happening every step of the way."
G. Tosi - Google Review
NC Medical Release
There are a number of state and federal laws designed to protect an individual’s privacy after they have been injured by another’s negligence. One of the first things the insurance company will attempt to do is secure a medical release from the injured person to allow them to request their medical records. Just because the injured party was hurt by the negligence of their insured does not give the insurance company the right to your entire medical history.
Should I sign the insurance company’s medical release?
As a general rule of thumb our Charlotte personal injury attorneys do not allow our clients to sign the insurance company’s medical release. A medical release, unless limited by scope, gives the grantee access to the injured party’s entire medical history. Our personal injury lawyers do not believe the insurance company should have access to medical history that is not related to your Charlotte car accident or other personal injury. As such, our Charlotte personal injury lawyers provide our clients who have been involved in a NC car accident a medical release which allows our office, not the insurance company, the ability to request the medical bills and records the client incurred as a result of the NC car accident. We then send only the records and bills related to the NC auto accident to the insurance company prior to negotiating the case.
Speak to a Charlotte, NC Car Accident Lawyer Today
Call (704) 714-1450 to make an appointment to speak with a personal injury attorney in Charlotte, or stop by the office during regular business hours. We understand that the last thing you need to do at this time is miss a doctor’s appointment or more time from work. We will schedule an appointment that meets your needs. Our lawyers handle cases for individuals across North Carolina. There is no fee for the initial consultation. Whether you call, come in the office or request a home visit you will speak directly with a NC Personal Injury Attorney who can answer your questions.
