If you are involved in an automobile accident claim where the other driver has Allstate Insurance please be aware of the tactics they are reportedly using to interfere with the rights of the injured driver. You may need to alert your doctor to this scheme. Here is what one of my colleagues, Scott DeSalvo recently reported:
He represents a man who was a passenger in a car that was struck by a driver insured by Allstate. The property damage to the car was relatively minor, but the man had immediate back pain and went to his doctor. An MRI showed that he had a herniated disc in his back. He was referred to a neurosurgeonwho discussed various options, with the most solid choice being to have surgery and fuse two levels of his spine for stabilization.
Allstate sent an investigator to tell the doctor words to the effect that:
“You know this is a bogus case; there was hardly any property damage; the injury isn’t related to the accident and we are not going to pay this claim so you shouldn’t treat this patient!”
This is a direct intrusion on the doctor/patient relationship; if the patient has an attorney it is a clear violation of Illinois law for the other side to have direct communication with the doctor. If the insurance company does not have the patient’s permission to talk to the doctor then it is a violation of the HIPPA Laws which protect patient confidentiality.
Finally, it is simply outrageous conduct intended to subvert the treatment of a patient BEFORE there has been any determination of whether the person insured by Allstate is even liable for the damages!
Just remember, from the moment you are injured in an accident, the other side may resort to all sorts of tactics to defeat your claim. You should always seek legal advice immediately.
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