Should You Provide the Adverse Insurance Claim Representative with a Blanket Authorization?
Another "trick of the trade" that adverse insurance claim adjusters are trained to do is to ask a Claimant to sign a blanket authorization BEFORE the Claimant has had an opportunity to consult with an experienced Idaho personal injury trial attoney. By "blanket authorization," I mean an authorization that allows an adverse insurance claim representative the ability to seek information and documentation from your healthcare providers, past, present and future as well as your employer(s), past, present and future and/or anyone else to obtain access to your private and confidential information whether relevant or not to your claim. The blanket authorization is typically unlimited in scope and time and fails to identify by name, address and phone number of the recipient to which the adverse claim representative intends to send the form hereafter.
Should you sign a blanket authorization at the request for an adverse insurance company?
In a word, NO! At least, not until you have consulted with an Idaho personal injury trial lawyer in a free initial consultation who is a veteran in dealing with personal injury and/or wrongful death claims.
BLANKET AUTHORIZATIONS ARE NOTHING MORE THAN A LICENSE TO ENGAGE IN A FISHING EXPEDITION AND ARE FROWNED UPON BY MOST COURTS.
Blanket authorizations are considered nothing more than a license to engage in a fishing expedition that far exceeds the scope and course of what an adverse party is entitled to receive in the course of discovery once a lawsuit is filed. In other words, to the untrained eye, these authorizations appear at a glance to be innocuous, but, in fact, blanket authorizations are overly broad and far exceed the scope of what is permitted pursuant to the Idaho Rules of Civil Procedure.
In Idaho, the adverse party is restricted and limited to discover information that is reasonably calculated to lead to the discovery of admissible evidence that is not otherwise privileged. Fishing licenses in the form of blanket authorizations are unreasonable as they far exceed the scope of information and documentation an adverse party is entitled to obtain once a lawsuit is filed.
IF YOU HAVE SIGNED A BLANKET AUTHORIZATION, NOW IS THE TIME TO CONTACT THE ADVERSE INSURANCE CARRIER AND REVOKE IT!
What can you do if you have signed a blanket authorization and provided it to the adverse insurance carrier?
First, you should contact the adverse insurance company by letter via fax transmission and certified mail, return receipt requested, notifying same that the blanket authorization you signed is hereby revoked, held for naught and considered void ab initio nunc pro tunc, meaning void from its very inception.
Second, you should immediately contact a veteran Idaho personal injury trial lawyer who has experience in dealing with bodily injury claims to help you ascertain your legal rights and remedies and insure that the adverse insurance carrier honors the revocation of the blanket authorization.
Third, you should let your medical providers know that the blanket authorization has been revoked.
To be forewarned is to be forearmed!!
Experienced trial attorneys know what claim representatives are entitled to receive, and the law simply does not require a claimant to provide the adverse party or his or her insurance company with a blanket authorization or any authorization at all!!
Adverse insurance carriers hire and train claim representatives and competent counsel with one purpose in mind, i.e., to mitigate the amount of money it is required to payout to settle a claimant’s claim. This tactic is designed to help the adverse insurance carrier improve its "bottom line."
You may not need to hire counsel to assist you in your claim, but at least you should take the time and opportunity to consult with an experienced trial attorney in an initial free consultation in a confidential setting.
BOISE PERSONAL INJURY AND WRONGFUL DEATH TRIAL ATTORNEY ALAN MORTON HAS OVER 31 YEARS OF EXPERIENCE IN HELPING CLIENTS SEEK COMPENSATION FOR THE PERSONAL INJURY AND WRONGFUL DEATH CLAIMS.
In Idaho, veteran Boise personal injury and malpractice attorney, Alan Morton, provides perspective clients with an initial free consultation in a confidential setting at his office or your home, hospital, workplace or any other convenient location. Mr. Morton has over 31 years of experience in helping victims of personal injury and wrongful death.
There are few things in life that are free, but having a free consultation with Mr. Morton to talk about your claim is one of them! He has served clients all throughout the State of Idaho including, but not limited to, Boise, Ada, Canyon, Elmore, Blaine, Twin Falls, Gem, Payette, Washington, and Valley counties and beyond. Check out the testimonial section of Mr. Morton's former clients regarding their experience in having consulted with and/or retained Mr. Morton as their lawyer.
Mr. Morton works hard for his clients in an attempt to secure justice on their behalf. He is a tireless advocate for justice who works with the objective of providing outstanding service for his clients. You may contact Mr. Morton to schedule a free initial consultation at 208.344.5555; toll free at 888.716.8021 or complete the contact online form. Call Mr. Morton. Right now!!