can the “at fault” driver’s insurance company threaten to close the claim if you don’t speak to them directly concerning your medical treatment?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 19, 2011

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Insurance Question from Cleveland, OH

Asked on 09/19/2011

can the “at fault” driver’s insurance company threaten to close the claim if you don’t speak to them directly concerning your medical treatment? The adjuster wants a detailed description of the medical treatments from the injured. She was directed to the doctor's office and spoke to them. The injured is still being treated and is not qualified to give an accurate diagnosis of his/ her injuries and/or treatment or condition. The adjuster sent a letter threatening to drop the claim unless she receives something from the injured party personally

Answer given on September 20, 2011

When you are involved with an auto accident, you are required to cooperate with the insurance company and comply with reasonable requests. Even though the injured person is not a physician, the adjuster does have the right to have them respond to questions. It does not mean they do not believe she is injured, but they may want to confirm that the treatments the doctor is charging for are actually being received by the injured party. I doubt if the adjuster is expecting a diagnosis from the injured person, but to find out if progress is being made or not.If she is concerned about speaking with the adjuster, she might want to ask to speak with a supervisor to get an understanding of what is wanted and why.Maybe a conference call could be arranged with the injured party and the doctor with the adjuster. Then there could be some resolution to the questions the adjuster has.

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