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Thomas John Ashenden

Thomas Ashenden’s Answers

2 total

  • Two people were in a car accident in Ohio, no citations were issued. One driver was insured the other was not.

    Both drivers were injured. The driver that was not insured was pregnant and lost the baby, she is stating as a result of the accident. What is the liability to the insured driver as related to the injuries of the uninsured driver?

    Thomas’s Answer

    Even though neither driver was issued a citation, the Ohio police report should reflect the investigating officer's findings of fault. It is very rare to not have such an indication on the report, at least in Georgia. It is not as unusual to have no citations issued. If the pregnant driver is not at fault and a doctor, ideally her treating doctor, is of the opinion that the collision caused her to lose the baby then she would have a viable claim against the other driver. In that case, she would need an Ohio attorney. I am assuming she is not represented by an attorney. If that is true, I would be able to recommend attorneys in Ohio, if you wish. Feel free to call or email me.

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  • A casulty adjsuter wants us to fill out an authorization to disclose health infomration and provide s SSN? Is this required?

    Can the claim be processes without that information if we have copies of all associated bills, or do they have to have access to medical records from the hospital?

    Thomas’s Answer

    If you are not represented by an attorney, the adjuster may indicate that he or she cannot go forward with processing your claim without the authorization form as a matter of policy. Having the authorization allows them to ensure they have a complete set of medical records and any medical bills that may have been overlooked.

    However, this could also make them privy to ALL of your past medical information with that provider (which can be extensive if you have treated with that doctor or hospital in the past), possibly even privileged information if the authorization form is not properly limited.

    I would strongly recommend that you consult legal counsel regarding your personal injury matter. You may be benefited by having an attorney speak on your behalf with the adjuster. An attorney would also request the records directly from the medical provider and then send them to the adjuster.

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