Should I sign the settlement agreement waiver sent to me from the other driver’s insurance company?
No. It is never a good idea to sign any documents relating to an auto accident without first consulting a lawyer. By signing the settlement agreement, you are bringing your case to an end, which means you can no longer recover future medical bills, future pain and suffering, the cost of physical therapy and medication, lost wages and more. Just as important, the settlement agreement may contain language requiring you to pay back any money you obtain in the event your own insurance company subrogates against the at fault driver. Similarly, by signing a settlement agreement without the proper authorization of your own insurance company, you may preclude yourself from recovering underinsured or uninsured motorist benefits (UM/UIM) that you would otherwise be entitled to.
The driver of the other car’s insurance company asked me to sign a HIPAA waiver, what is a HIPAA waiver?
A medical waiver also referred to as a HIPAA waiver allows for the release of your medical records. Typically, the at fault driver’s insurance company will ask you to sign a HIPAA waiver in order to obtain your medical records. This becomes problematic as the HIPAA waiver will often allow the insurance company to obtain your medical records prior to the accident as well as records that you may want to keep confidential. Additional complications arise if your condition worsens or if you keep to experience medical complications after the date of the HIPAA waiver. It is never a good idea t sign a HIPAA waiver before consulting an auto accident attorney in your area.