Legal Question in Insurance Law in Virginia

Information an Insurance company can asked for to settle a claim

On 14 August 2001 I was rear-ended in Virginia on my way home from work in Maryland. I was med-evaced to a nearby hospital for observation due to lower back (lumbar) and neck (cervical) pain due to the collision. I was contacted by the insurance company of the individual that caused the rear-end collision in hopes that I would settle. I informed the adjusters who contacted me that I was being treated for injuries sustained during the accident. I have not seen my PCP since I was released to return to work, which was 30 August (of 2001). I continue to have lower back pain when standing for long periods and there is a sharp pain in my neck. One of the insurance adjusters claims that it is his experience that since there was minor damage to my vehicle (approx. $850), there should be limited injuries to me.

My questions are: (1)what information and to what detail is the insurer entitled to receive from my employer and PCP regarding my injuries?

And (2) does the adjuster have any authority to make medical decisions/conclusions pertaining to the extent of an injury(ies) sustained by a person in a collision?

I would greatly appreciate an answer to these questions.


Asked on 11/13/01, 12:36 pm

2 Answers from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Information an Insurance company can asked for to settle a claim

The adjuster is your adversary, who is trained to make settlements as small as possible so that he/she limits the financial cost to the insurer. Unfortunately, there really is no shortcut here. You need to have legal advice from a trained attorney in your jurisdiction.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 11/14/01, 7:13 am
Daniel Press Chung & Press, P.C.

Re: Information an Insurance company can asked for to settle a claim

The insurance company will need complete medical records and lost wages information in order to assess your claim, but frankly what matters most to them now is that you don't have a lawyer. They will continue to low-ball you because without a lawyer they know that you are not able to effectively pursue your claim.

The adjuster can't make medical decisions, but s/he can decide what the insurance company will offer to pay, and that can/should be based on medical evidence, just as it would be in court (rather than on speculation about the extent of the impact and the fact that you don't have a lawyer).

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Answered on 11/13/01, 12:47 pm


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