Do I sign a power of attorney form for the insurance company to settle a totaled vehicle claim? Is this just for the auto part of the claim; medical involved.

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Do I sign a power of attorney form for the insurance company to settle a totaled vehicle claim? Is this just for the auto part of the claim; medical involved.

Asked on April 5, 2009 under Insurance Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hello.  Depends on the situation.  Does your car insurance policy automatically have this embedded in the policy itself (that you signed)?  If so, it may just be a matter of crossing your t's and dotting your i's.   Oftentimes if the insurance company is representing you, the insurance company hires an attorney to take care of both the medical and the auto part of the accident, especially if it is not your fault.  Is the insurance company trying to settle this vehicle claim from another insurance company (if you are not at fault)?  Or is the insurance company trying to settle the vehicle claim with your auto loan lender?  Do you more for the vehicle than what the vehicle was worth immediately prior to being totalled? Do you have GAP insurance? 

These are some of the issues you should consider.  If you are still concerned with whether you should sign the power of attorney, ask your insurance company who is the attorney representing you, how they plan on settling the vehicle claim, are your medical bills going to be covered.  You may think of many more questions.


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