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If another driver injures you and damages your vehicle, his insurance company might ask you for your medical records related to the accident. Should you provide your records to the driver’s insurance company? Should you talk with the other driver and his insurance company at all? What should you do if you are injured? How can you protect yourself after you’ve already been hurt? Find more information here.
If you are hurt in a car wreck, after seeking medical attention the first thing you should do is call a lawyer. Car, truck, van and other vehicle accidents seriously injure tens of thousands of Texans every year. On average, someone suffers serious injuries in a car wreck in Texas once every few minutes, every hour of the day, all year long. If you are wounded in a car wreck, call our Law Offices. We’re ready to help you enforce your civil justice rights.
Your medical records will form some of the most important evidence in your lawsuit against the driver who hit you. Records from doctors, nurses and EMTs are the best way to reliably prove the harm done to you in an accident. And proving the harm done to you is the best way to achieve a fair recovery.
A common tactic by insurance companies in lawsuits is to ask people for medical records. If you send your medical records to the other driver’s insurance company, you are taking risks. Some of those risks are as follows:
The records you send may or may not be accurate.
They may or may not relate to the injury you suffered in the wreck.
They may or may not help you achieve a fair result.
Another reason insurance companies ask you for your medical records is trickier. If the other driver’s insurance company asks you for records and you send them yourself, you are showing the insurance company you do not have an attorney. You are also showing that you do not know what you’re doing. These are great reasons for the insurance company to take advantage of you as much and as quickly as possible. Insurers make fair offers to injury victims when those insurers are forced to. When you do not have a lawyer, you do not force insurers to do anything. You are at their mercy. Get a proven personal injury lawyer to protect your rights. Your lawyer is best qualified to make the important decisions about your records.
You do not need to send insurance companies your records in order for those companies to get your records. All an insurance company needs is for you to sign a simple authorization form, and the company can go get your records itself. These authorizations are called many different things: sometimes “HIPAA” authorizations, meaning they comply with a federal law known as the Health Insurance Protection and Accountability Act of 1996. If you sign a medical records authorization, a healthcare records authorization, a HIPAA authorization or anything else like that, you risk the insurance company getting your full medical records, even those unrelated to the accident.
San Antonio car accident lawsuit attorney
Do you have a legal issue or question?
The Bottom Line
Your attorney is the one who should make the decisions about any documents to turn over to anyone when it comes to your injury. Let the attorneys at our Law Offices bring their decades of experience to work for you and your loved ones. Call our Law Offices at 1-(210) 820-3434 to visit with our staff members right now.
Chat with a San Antonio Lawyer
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Our Attorney has been fighting for car accident victims` rights for over 20 years. Call us to discuss your case. 210-820-3434.
Our firm is often contacted by prospective clients who have been injured in a car accident, who are fed up to deal with an insurance adjuster on their own. The problem is that many of these people have already said all the wrong things to the adjuster, and have damaged their case beyond all repairs. To help you avoid the same fate, this article will explain what you can say to an insurance adjuster.
All the situations that you make the experience when you are involved in an accident cannot all be discussed throughout this article. The most important piece of advice that we can offer you is to hire an attorney from the beginning.
The role of an insurance adjusters
Insurance adjusters aren’t there to help you; they are not your friend. They are there to help the insurance company. Thousands of our former clients and other individuals have told us stories of insurance adjusters lying or misleading them, resulting in a lot of lost time, heartache, and money. Every dime they give you is money directly out of their profits; they will find all possible ways to limit the money they payout.
Things you can say
There’s nothing wrong with telling an insurance adjuster were, the date, and the time of day the accident happened. There is nothing wrongful with telling the insurance adjuster what kind of car you drive, and who your insurance carrier is. You just don’t want to tell them anything about your injury. Insurance adjusters will use all the information that you give them to create a defense to your recovery efforts, don’t be subject to this.
What if the info I’m telling the insurance adjuster is harmless?
Do you have a legal issue or question?
If we had a dime for every time we were told something was harmless but wrecked their case, we’d be rich. Most of our clients are intelligent, hard-working people. However, since you’ve likely never experienced a legal case such as this, don’t make the assumption you can wing it. Every word that you say is significant to an insurance adjuster. The questions that they ask are designed so that they elicit information that is only helpful to them.
The last thing you can and always should tell an insurance adjuster is that they’ll have to talk to my attorney. Our best cases for our clients are where we’re hired from the beginning and client doesn’t have to talk to the insurance adjuster at all. If you have been injured as a result of an accident don’t just hire an attorney, hire the attorneys with experience, past success, and the ability to win your claim. The attorneys at Grossman Law Offices are here to help you through the recovery process. To schedule, your appointment with us call. We would like to schedule a time to discuss the merits of your case with you.
Insurance Policy Inapplicability
Some Insurance Carriers Will Simply Argue that They Don’t Cover Your Accident Rather Than Disputing Liability
A secret weapon in the insurance industry’s arsenal is a defense that we refer to as insurance policy inapplicability. In a nutshell, if the insurance carrier can allege that the actions of their driver were outside the scope of what the policy covers, then they are able to not pay you even though their driver caused the accident. This article will explain what an insurance policy is, how insurance companies can manipulate the policies, and what we can do to help. Please visit our website.
We all understand that not all insurance policies cover the same issues. For instance, if you cause a car accident, you wouldn’t expect a claim filed your home or life insurance because those two policies only cover certain situations. When an insurance carrier can argue that the scope of a policy does not include the type of situation on which your grievance is based, then you are literally barred from receiving compensation for that policy. So when a car insurance carrier can explain that the situation surrounding your accident is not covered, they are often essentially saying “sorry but you have the wrong type of coverage.”
An Example
Our firm was contacted by a woman who suffered from minor injuries in an accident when her car was sideswiped by a fellow commuter. Her claim had been denied and she contacted us hoping we could remedy the situation. She explained that the person that hit her was probably in a rush and not paying attention, but in order to make her story sound more compelling, she explained to the insurance adjuster that he hit her in a fit of road rage.
She thought this would frighten the insurance adjuster into making a quick settlement because she figured, who would want to defend someone like that. Her plan backfired and the insurance carrier denied the claim on the basis that they do not cover intentional torts (deliberate acts), the policy only covers negligence, and if he hit her on purpose the insurance policy does not apply. She admitted she exaggerated thinking would help, and since we cannot in good conscience help someone who was being dishonest we could not represent her in her case.
How Insurance Policies are Supposed to Work
As you have probably gathered insurance policies cover negligent acts that are mistakes or derive from ordinary recklessness. An insurance policy, may not apply when an insured driver is racing, either on track or street, or when the driver is driving drunk.
The Problem
Insurance carriers love nothing more than to argue that it doesn’t apply because they don’t have to argue that their driver wasn’t liable, only that his actions aren’t covered so you only have recourse against him. The problem is that insurance carriers will unfairly claim that the circumstances of your accident fall outside the scope of what their policy was designed to cover.
Our Attorney has over twenty years of experience and have dealt with literally thousands of car accident cases. We know how to deal with the insurance companies to make sure that they accept responsibility for their driver’s actions. We will help you through the entire process and deal directly with the insurance company on your behalf and get you the fair settlement that you deserve. Call today for a free consultation at
Consider the following:
Comfort Level - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost - How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
City - Is the lawyer's office conveniently located?
Texas law allows injured drivers and passengers, and the families of the loved ones who have died or were injured in car accidents, to file a lawsuit against those responsible for the accident.
Legal responsibility, called “liability,” for a car accident often depends upon proof that another driver was at fault. The other driver, however, does not have to intentionally cause the crash. Proving the other driver operated the vehicle in an unsafe and unreasonable manner under the circumstances, known as negligence, is sufficient evidence to demonstrate liability.
In certain cases, non-driver factors lead to a car accident. These factors can include roadway hazards, poorly-marked construction sites, construction site debris, sand, or gravel on roadways, and other dangerous road conditions. Keep in mind, the deadline under Texas to bring a lawsuit, known as the statute of limitations, can be as short as six months for claims against governmental agencies.
When should you contact a car accident lawyer?
If you or a loved one has been involved in an automobile accident, you should discuss your case with an experienced auto accident attorney immediately. If too much time goes by before an injury lawyer takes on your case, certain evidence in your case may become impossible to acquire, witnesses may become out of reach, and insurance companies may disadvantage you. Our law firm handles exclusively personal injury claims and wrongful death claims.
Once we accept your automobile accident injury claim, we immediately begin working to obtain for you the maximum compensation allowed by law. We will:
Conduct a thorough investigation
Acquire all available evidence needed to prove and maximize your claim
Work with auto accident reconstruction experts to prove that the other party is at fault
Utilize medical experts to support your claim for the full extent of your injuries
Common Car Accident Injuries
Car accidents can be extremely traumatic. While some of the more fortunate accident victims are able to walk away from crashes without injuries, the sad truth is that many people don’t. In fact, too many car crashes that occur on Texas roadways are catastrophic—some of which result in death.
Because car crashes are usually violent, injuries are common. In fact, across the United States, there are about 1.6 million injury-causing car crashes every year. Whatever your injury and whatever the resulting cost, a San Antonio car accident lawyer from our firm can help you seek compensation to pay for your recovery.
Brain Injuries
Some of the most serious injuries resulting from car accidents are traumatic brain injuries. Symptoms of a brain injury can be mild, moderate, or severe, depending on several factors involved in the accident.
Unfortunately, brain injuries don’t always show symptoms immediately. If left untreated, even a minor brain injury can cause permanent damage; this can happen when the brain swells and creates too much pressure inside the head.
Spine and Back Injuries
Spine injuries can leave victims paralyzed. Typically, these types of injuries are caused in conjunction with injuries to the vertebrae, discs, or the spinal cord itself. In fact, broken bone fragments and disc material can damage the spinal cord, which carries signals between the brain and the rest of the body.
These injuries often lead to a severely decreased quality of life. This—in addition to your medical expenses—should be factored into your final settlement. With the help of a San Antonio car accident lawyer from our firm, it will be.
Neck Injuries and Whiplash
Neck injuries are some of the most common injuries that happen in car accidents. In many cases, whiplash, injury to the soft tissues of the neck, is unavoidable and results from the head’s forward momentum during a crash.
Other neck injuries include cervical dislocation, disc injury, and neck strain.
Internal Injuries
Seat belts, airbags, and other parts of the interior of a vehicle can all cause internal injuries during a wreck. The most at-risk organs include the bowels, kidneys, liver, lungs, and spleen.
Internal bleeding and injuries to your internal organs are all but certain to carry a heavy financial burden and long-term medical implications. Your San Antonio car accident lawyer will ensure that your medical needs, both current and future, are fully factored into your financial award.
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Have you ever wondered what a personal injury lawyer might be able to do for you? Many have, and many more should be looking into this kind of thing. If you have sustained an injury through no fault of your own, you may have a claim to be made for compensation. Injuries are not something that should just be brushed over.
A personal injury lawyer can help you with these cases and are able to provide the following benefits.
Consulting- Lawyers are best known for giving advice to their clients. They are able to offer solid advice about legal matters that people may have questions about. It is an important function for them because there are so many questions out there, and quite often fewer answers. Having a personal injury lawyer around who can answer some of these questions is critical to getting things moving in the right direction.
Offer Emotional Support- You may not believe it, but attorneys can have big hearts too. They do not look at their clients simply as ways to make money. They truly do feel sorry for these people for the predicament that they are in. During the times that follow a personal injury, it can be difficult to deal with certain things emotionally. Lawyers can often be someone to talk to about these important issues. Even if they do not deal with this directly, they can at least offer references to places that you might be able to find the support that you are looking for.
Serving As Your Advocate- The biggest and most important role that a lawyer plays is serving as your advocate in court. They work to make sure that you are fairly represented and get everything that you deserve out of the court proceedings. This is a nice thing to have around because you do not want to get run over in the courtroom. There are some people who do indeed have this happen to them, and it is a very unfortunate thing. If you allow your lawyer to work for you doing what they do, then there is a far lower chance of this happening.
These are just three of the things that a lawyer is able to offer you. They are so great at what they do, and there is little to compare them to in terms of the amount of support they offer. You would be foolish to turn down the opportunity to use the services of a lawyer that you really trust. They do not get paid unless you get paid, so you do not have to worry about not being able to afford one.
The monetary benefits of hiring a personal injury lawyer to get the justice you deserve to you are great. Make sure you take that into consideration when thinking about hiring a lawyer. There are few other things in life that are so important both to your financial health and to the justice system in general. That is why you must make the move to get yourself an advocate today.
