Ok, I'm the victim of a rearend collision with Post Concussive Syndrom problems that continue on a roller coaster basis, though generally getting better. 9 months later, I'm thinking of settling with the opposing insurance company (OIC). I've received notices before and again recently requesting Med reports,records, billings, and validation of loss of earnings. Their statement says they might not assess our claim if they don't get the info. I finally sent a release to them for my medical records yesterday -from my 3 doctors. Then, yesterday I bought a book about settling a lawsuit yourself --it said do not release any medical records --until the last minute I guess. So I'm thinking -yuk There is still time to go to the doctors or billing places and rescind my release. Should I?What would you suggest?
That book was written by someone that doesn't do a lot of car wreck work and possibly isn't even a lawyer. The thought process is that the insurance company is going to look for things in the records that will allow them to claim it is a pre-existing condition, which they nearly always do.However, an insurance company isn't going to settle a case without having your records and they will get them if you file a lawsuit anyway. The only thing you might want to do is not give them a "blanket" release and instead limit it to certain doctors or a certain time period. If you have already given it and now rescind it then it is going to be a red flag to the insurance company that you have something in your record that you don't want them to find.There is a new book that will be out soon by the people that run www.LessonsInLaw.com that will be called the Guerrilla Guide to Settling Your Own Car Wreck Case. You may want to go there and subscribe to the RSS feed because they do know what they're doing and have a lot of real experience.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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