Legal Question in Insurance Law in North Carolina

Releasing Insurance Co. of Future Claims

My wife and I were involved in a car accident back in Novemember. We have both been to a Dr. for back/neck pain. We have accumulated about $2600 in Med bills so far. The insurance adjuster is now telling us they will not pay any bills until we sign a release form! Is this legal? We do not want to release the Ins. Co. from their responsibility, but do not have the $2600 extra to pay out of our pocket for an accident that wasn't our faught. We are being told that if we sign the release they will pay our Dr. bills plus $1000 to me and $1500 to my wife. Please advise.


Asked on 2/21/05, 11:37 am

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Releasing Insurance Co. of Future Claims

There is no requirement that they pay for your bills. Your experience is typical. They do not want to pay claims in a "piecemeal" fashion. You will have to rely on your own insurance and finances (if any). Your own policy may provide some "med pay" coverage. But in general, what you have been told is correct. As for valuing your claim, you may be well-advised to consult an attorney.

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Answered on 2/22/05, 12:12 am
Timothy Burch Burch Law Office

Re: Releasing Insurance Co. of Future Claims

The insurance company is not being truthful with you. They are asking for a release of all medical information (whether it is related to the auto accident or not). This is not appropriate. I never give a blanket authorization to an insurance company nor do I allow my client's to do so unless there is some overwhelming reason to do so or unless I am ordered by a court to do so. I think you should strongly consider getting an attorney involved so that they can protect your privacy interests, hold the insurance company accountable for what they truely owe, and ensure that you are treated fairly in the end.

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Answered on 2/22/05, 10:33 am


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