Car crashes are terrible and frustrating experiences. Insurance companies do not make that any easier for folks. Insurers are always demanding more information to “evaluate” the claim and want you to fill out mountains of forms, provide sensitive information, and give recorded statements. It can be confusing for the injured person who is trying to juggle their daily life with the added stress of crash-related injuries and the maddening information request from the Insurance Companies. Insurance Companies exploit this chaotic period by requesting information and claiming that they “have to have it.” Sometimes this is true, while other times it is not. Below are some tips that a person injured in a car crash or bike crash with a bad driver (the person that caused the crash) should know:

You Do Not Have to Give A Recorded Statement to the Bad Driver’s Insurance Company: You do not have to communicate with the bad driver’s insurance company if you do not want to. Usually, it is not a good idea to communicate with the bad driver’s insurance company because they will try and obtain information that they can and will use against you if you claim you were injured. The bad driver’s insurer may claim that you have to give a “recorded statement” that could not be further from the truth. You may communicate with the bad driver’s insurer on the property damage claim, but they won’t ask about the cause of the crash and injury. You typically have NOTHING to gain from giving a recorded statement to the Bad Driver’s insurer. They typically will look at medical records to determine the nature and extent of your injuries, and only use recorded statements as a tool to get dirt on you.
You Do Have to Give A Recorded Statement to Your Auto Insurance Company & PIP Insurer: People often get confused on this issue. However, just remember that you have a duty to cooperate with the company that you are paying to insure you. Virtually in every insurance policy mandates that you have to cooperate, provide information, and sign documents upon request. In Oregon, PIP Insurers (Click here for information on PIP) can even demand an Examination Under Oath (EUO). This is a formal recorded statement usually done by an insurance company lawyer. If you are facing a EUO then you should contact a personal injury lawyer ASAP. PIP insurance providers can also mandate that you appear for a medical examination. Again if this occurs you should contact a Portland personal injury lawyer ASAP. Sometimes the PIP’s Insurance Company and the Bad Driver’s Insurance Company are the same. If that occurs you should reach out to a personal injury lawyer. In any event, you should demand that the insurance company “bifurcate” the claims, so you do not have the same adjuster assigned to your PIP case and the bodily injury claim.
Be Prepared If You Do Give A Recorded Statement: Recorded statements are used to justify the insurance company’s lousy offer on your bodily injury claim. If they are a PIP recorded statement they are used to try and determine what is the reasonable and necessary treatment you will be receiving, any pre-existing injuries they can use to deny the crash injured you, and if there are any reasons to deny your PIP insurance claim or coverage. Questions like on a scale of 1 to 10 how is your pain right now take people off guard and is not a clear question. Which body part? Compared to who? They have other questions they will ask about your treatment. For example, both liability insurers and PIP insurers will ask specifically what type of treatment you are receiving and how often. If you say I am going to the chiropractor 2 times a week for manipulations, and then the next week you go three times in a week and have a massage, the PIP carrier may deny the extra visit per week and all the massage treatment. The liability insurer will claim the extra chiropractic visit and the massage was not related to the crash and try and blame a pre-existing condition. Both the liability and PIP adjusters will try and put words in your mouth and asks questions designed to give you a false choice designed to minimize your injuries.
You Do NOT Need To Sign Releases For The Bad Driver’s Insurer: The Bad driver’s insurer usually will send you forms soon after the crash. They will say that you are required to fill out forms related to Medicare and Medical Releases (HIPPA releases). They do not tell you the purpose of these forms is so that they can pull all of your medical records and scour them to search for any evidence of a pre-existing condition that they can blame for the crash-related symptoms. For example, if you had a sore neck after sleeping on it funny and mentioned that at an annual check-up 3 years before the crash; the insurance company will use that information to try and blame your neck pain on pre-existing degenerative conditions and not on the soft tissue damage caused by the crash. Additionally, if you mentioned to the doctor that you were struggling with alcohol addiction, then the bad driver’s insurer may try and claim the “emotional distress” you are suffering from the crash is actually just a symptom of your alcohol addiction. They will do this even if it is a stupid argument. However, insurers do this because they know that many people will be embarrassed if they have to discuss private things like alcoholism. Personal injury lawyers fight to ensure that only relevant medical records are produced in order to ensure the insurance companies cannot try and gain information that will be used to annoy, harass, or embarrass the defendant. Remember, if your own insurer is requesting that you sign forms for them that you have a duty to cooperate. If you have questions call Ross Law PDX at 503.224.1658.
You Do NOT Have to Sign the Bad Driver’s Insured’s Medicare Forms or Provide Your SSN: The bad driver’s insurance company will want you to give them your social security number right after the crash and claim it is required in every claim. That is NOT true. In fact, insurance companies will use the social security number to run you through various databases to determine if you have had any other crashes that they can blame your crash-related injuries on, or use that information to determine the amount of a settlement you may be willing to accept. Insurers also know that people without Social Security Numbers may be reluctant to pursue a claim if they have to provide an SSN. Simply by sending these forms and informing people they have to sign them, the insurance company may be able to increase their annual profits. Insurers usually claim they need the form for “Medicare” purposes. However, there are forms you can fill out to allow the insurer to notify Medicare without providing an SSN, and these forms are only necessary if there is a settlement and potential Medicare involvement. If you have questions about this please Call a Personal Injury Lawyer at Ross Law at 503.224.1658.

Please remember that situations vary and the law is constantly changing. This post is for informational purposes only and should not solely be relied upon. It is not to be considered legal advice. Please contact a Portland Personal Injury Attorney at Ross Law PDX at 503.224.1658. Jeremiah Ross is happy to provide a free personal injury case evaluation and discuss insurance issues with you.