Automobile insurance plays a significant part in the process used for settling a car accident case.
Think about the events that take place at the scene of an automobile accident.
All of the involved drivers exchange the relevant information. That includes their names, addresses, phone numbers, and the name of their insurance company, along with their policy number. If a police officer arrives at that location, the same officer will ask to see proof of insurance from each of the involved drivers.
Possible requests from the defendant’s insurance company
That company might ask for a recorded statement from each of the involved drivers. If you were involved in that particular incident, then you should refuse to provide a recorded statement. You might agree to give a statement later, when you have an injury lawyer in Kitchener sitting next to you.The same company might also ask for a signed medical authorization form. Do not allow them access to all of your medical records. Deny a request for that signed medical authorization form.
Instead, promise to deliver a different batch of records. Promise to provide the requesting company with all the relevant medical bills and records, once you have attained to the point of maximum medical improvement (MMI). Include that same promise in your demand letter.
The plaintiff’s position, with respect to each insurance company
As indicated above, the plaintiff can refuse a request from the defendant’s insurance provider. Normally, the plaintiff does not have a contract with that same provider. Hence, the insurer of the liable party cannot claim the right to a recorded statement from the victim/plaintiff.
Both insurance companies have the right to seek the opinion of a medical expert, regarding the plaintiff’s injuries. If the case were to go to court, the judge and jury would listen to the opinion offered by each of the opposing companies. Ideally, the plaintiff does have a contract with his or her own insurance company. The plaintiff’s automobile insurance policy serves as evidence of that contract. As part of that particular contract, the policyholder’s insurance company is supposed to honor the good faith of the policyholder.
So, how does an insurer honor a policyholder’s good faith? That same insurer needs to support all policyholders, during their efforts to obtain a fair compensation, after becoming the victim in an accident. Insurers that fail to offer such support have not acted in good faith. Insurers that fail to act in good faith can be charged with bad faith. If a court shows that an insurance company has acted in bad faith, then that same company can be hit with a fine. The legal process studied by personal injury lawyers relies on good faith from the relevant insurance companies.