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At Fault's Insurance requiring signing CMS forms

Discussion in 'Auto Accidents, Injuries' started by TimCT, Nov 22, 2015.

  1. TimCT

    TimCT Law Topic Starter New Member

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    Jurisdiction:
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    My wife and I had her 2010 car totaled by someone texting in rush hour traffic 10 days ago. I (husband) was driving. The at-fault party struck us from behind forcing us into a van ahead of us. We had minor whip lash that is just about cleared up- her doctor confirmed that in an appointment 3 days after the accident and her physical therapist (for another matter) treated her for. The car was determined to be totaled. The at-fault's insurance company has sent my wife (claimant) 3 forms it expects her to sign. (1) An Authorization (Employment/School) Form: which calls for "All employment records pertaining to the claimant, including but not limited to earnings, profits, business income, salary, payroll, attendance, health records"... etc. "for the purpose of investigating and processing the claim."
    (2) Medical Authorization Form: which calls for "all medical records of the above patient relating to any injury or condition"... etc. "for the purpose of investigating and processing the claim... the insurance company "may provide these records to health care providers, accountants, insurance claims adjusters, medical transcription agencies .... to any law enforcement, state or federal agencies as required or permitted by law."
    (3) A CMS Medicare Secondary Payer Recovery Contract Form: in order to release information pursuant to her being covered by Medicare.... which she is not.
    Question: Should she sign these forms? We're not too comfortable signing them and providing all this information to the insurance company and who else knows not to mention all the work we have to go through to recover from this accident we did not cause.
     
  2. army judge

    army judge Super Moderator

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    If you're unsure about signing, don't sign.
    If you want to attempt to recover your alleged losses, sign.
    If you don't sign, you won't get that which you seek, MONEY.
    If you refuse to sign, your remedy lies in a courtroom, which will DELAY your recovery!!!!
     
  3. adjusterjack

    adjusterjack Super Moderator

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    It's the "golden rule." The insurance company has the gold, it makes the rules.

    However, minor whiplash with close to 10 days recovery time isn't worth more than $500 to $1000 in "pain and suffering."

    Hold on to those forms for another week or two until you are sure that you are fully recovered. Then get copies of the medical records and bills for treatment from the doctors and pharmacies. If either of you lost any income from being off work for a couple of days get a letter from your employers attesting to how many dollars you weren't paid for those days.

    Your medical bills and lost earnings are called "specials."

    If you are willing to ask for "specials" plus $1000 for each of you, I think the claim rep might go for it without needing all those formalities.

    If you want a lot more money than that you are going to have to open your personal lives and be stripped bare by the insurance company.

    PS: You don't get any money for aggravation or "all the work" you had to go through.
     
  4. TimCT

    TimCT Law Topic Starter New Member

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    I get that we don't get paid for aggravation. So form #1 was for using to file loss of work? If there was none, we still need to sign off? Similarly form #2 should accompany any medical bills? I don't get why they need to check about Medicare coverage.


     
  5. TimCT

    TimCT Law Topic Starter New Member

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    Thanks for the wisdom.

     
  6. army judge

    army judge Super Moderator

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    Their need to know about Medicare coverage is if you're disabled or on Social Insecurity.
    If you are, there COULD potentially be higher out of pocket costs, if you didn't have any gap insurance to assist with Medicare's abysmal payments.
     
  7. Betty3

    Betty3 Super Moderator

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    Did you inform your own ins. company of the receipt of these forms - if not, I would let them know. I assume you did inform your own ins. co. of the accident even though other party was at fault. You should have.
     

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