Insurance claim representatives are going to ask you for a copy of your medical records
There are two reasons why an insurance company will ask you for your complete medical history. First, they will want to verify the extent of your injuries. If you have missed six weeks of work for a stubbed toe, the insurance company is unlikely to cover your lost time (unless you missed work for the stubbed toe under doctor’s orders). Second, they want to know if you have preexisting injuries. For example, if your back is hurt in an accident the insurance company will want to know if you were in the middle of treatment for an existing injury.
Be aware that an attorney will normally not allow the release of medical records to the insurance company (with the possible exception of records related to your accident-related injuries). If you are negotiating on your own, you may find that the insurance company will be unwilling to settle if you have not signed a release.
Again, I cannot provide you with legal advice. However, if you have no previous injuries to the area that was injured in the accident, it might not be a bad idea to sign the release. If you have an existing or previous injury, you can still agree to release only the information relating to the injuries that you suffered in the accident. Remember that the fact that you have been injured before does not exempt the insurance company from paying for your current injury.
The insurance company is going to prepare in advance to negotiate with you.
In the “olden days” of auto insurance, companies used shortcuts to figure out how much money to offer someone who is injured in an accident. One of the classic shortcuts was to 1) triple the amount of your medical bills and 2) offer you that amount for pain and suffering (in addition to the actual cost of your treatment). As you might imagine, this provides an incentive for injured parties to seek more treatment.
Today, many insurance companies will essentially itemize your injuries and other loses and assign them a pain and suffering value. For example, an overnight stay in the hospital might be worth between 500 and 1000 dollars in pain and suffering money. An ambulance trip might be worth another 1000 dollars in pain and suffering compensation. Broken bones are usually worth more than soft tissue injuries (a sore neck or back, for example). Different insurance companies will have different values for different items on this list. Knowing that there is a list, however, can help you prepare for your negotiation.
The insurance company is going to contact you as quickly as possible after the accident.
The insurance company is not going to try to convince you to sign a release when you are sedated at the hospital. However, they want to convince you that you can work with them before you decide to get an attorney. As I demonstrated above, hiring an attorney has benefits and drawbacks that you must weigh on your own. However, attorney representation will almost certainly cost the insurance company more money (even in those cases where you do not receive more money in your pocket).