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Born to Lose, Live to Win
Join Date: May 2007
Location: New York
Posts: 9,015
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im not licensed in CA but i can tell you in NY, this is totally normal. Unless you have a very very serious injury...broken bones, loss of a limb, brain damage, long hospitalization and loss of work...the adjuster will act like yours did. they want you to either go away, or settle for a nominal sum of money. they do this to minimize their loss by intimidating you. they know that those who are serious about going for a fair settlement will get an attorney.
adjusters talk the same way to attorneys. it can be difficult to get any intelligent discussion going between attorney and adjuster until the suit is actually filed and served....then they know your serious about the legal sufficiency of your case.
NY is a no-fault state and you must prove "serious" injury to sustain a claim in court...there is a legal definition regarding what a "serious injury" is in NY. Perhaps in CA too
STOP talking to the adjuster. Everything you are saying is being documented by the adjuster into his/her notes on the computer and could come back to haunt you especially during depositions
the adjuster is correct that they can not begin to assess your claim without the medical records. be careful what you tell your doctor as doctors often put in their notes things you say without any regard to the legal consequence of it......"patient reports having very little pain while fishing for yellow fin tuna during 2 week vacation. Has been enjoying gardening"...words like this are tough to deal with after the fact. In fact, NEVER tell your doctor anything personal..just describe the pain etc..in detail
if the adjuster sent you a medical authorization, it will need to be signed asap so they can get the records of the injury and treatment. Only then can they estimate what your injury is worth and begin discussions of money
it will be very helpful to have your medical records with you when you meet with an attorney so he/she can give you good advice.
good luck
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