Seddlement by Mail

[bob26104]

What is the name of your state? West Virginia

Hello folks,
My 3 children were in my brother-in-law's vehicle when it was rear ended by another vehicle. There are a total of about $2,500 in medical expenses and the isurance adjuster agrees to pay those plus a total of $5,000 in pain and suffering. That sounds fair enough to me but here's the part I don't like.

He is in a city about 100 miles from me and sent the release and a minor's receipt in the mail to me. The 3 releases only mention the amount of the medical bills as compensation. The minor's releases have the total amounts for each child of medical bills plus the additional for pain and suffering. He wants me to sign all three sets of these documents and send them to him by mail and then he says the checks will be mailed. Sounds screwy to me to be signing a document that says I have received something that I haven't received yet. Does anybody have an opinion about this?

Thanks,
Bob G.

[racer72]

Meet the person half way and exchange the releases for the checks. It is common insurance practice to have a signed release before a check is cut.

[teflon_jones]

Does the document you're signing say that the check will be sent to you within X days of receipt of those documents? If it doesn't, ask the adjustor to send you a new copy with this or similar language in it.

This is standard practice to not give a check until the release is signed, but that doesn't mean you can't protect yourself by getting everything in writing. Make sure that you send them certified return receipt.

[bob26104]

I sure appreciate the advice. The receipt has no language indicating the check will be sent in X amount of days. The language is written as if payment had already been made. I guess what I'm realy afraid of by handling it through the mail is that the release (not to be confused with the receipt) only addresses the amount of the medical bills. After he has the signed release written that way, what is the incentive for him to pay the pain and suffering amounts at all? After all, I will have released them from all liability for the amount of the medical bills only.

[BigMistakeFl]

The release should have some language something like this at the top:

"That <your name here>, First Parties ("First Parties"), for and in consideration of the sum of <dollar amount here> DOLLARS and other good and valuable consideration, paid to First Parties by <insurance company here>, hereinafter the Second party (“Second Party”), the receipt whereof is hereby acknowledged....."

Signing a release with this sort of language releases the insurance company only when you get the money your were promised.

[bob26104]

The release does have the language you indicate however the dollar amount only adds up to the sum of the medical bills. A seperate receipt includes the pain and suffering amount also however it is written entirely as if I had already received the money.

[teflon_jones]

Originally Posted by bob26104

A seperate receipt includes the pain and suffering amount also however it is written entirely as if I had already received the money.

Does it say that a separate check will be/was issued for some amount? i.e. Do the releases mention two separate checks?

[bob26104]

I really do thank you all for the help. Each of the 3 releases for the 3 children list a total amount which is the total of the medical bills. Then further down the specifically mention the radiologist, hospital, and doctor with their specific amounts. No other mention of additional amount we agreed upon for pain and suffering. I'll give you the example of the two documents he wants me to mail in for one of the kids:

Release - mentions each med bill and their total amount of $600
Minor's Receipt - Mentions a total of $1500
Telephone agreement made - medical bills plus $1500

I am just afraid that if I sign these documents the way he has them detailed he is only going to send me checks for the medical bills or one check for $1500 and exclude the medical bills. The other two kids have different amounts but are laid out just like I am saying in the example one above.

[teflon_jones]

I'm assuming all three children are minors if you're the one signing the release. Ask for one check and one release combining everything, including medical bills and P&S. This just sounds fishy to me.

[stephenk]

Send the adjuster a letter confirming what you believe the settlement amounts to be for everyone. The releases you sign should have the $ amount that is agreed upon.