Settlement Offer

[Meheux]

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I live in the state of Maryland I was involved in a car accident in January of this year. I had a back injury and an injury to my knee for which I received medical treatment and physical therapy until April. I have been contacted by the insurance company and offered a settlement but I am concerned that if I take this offer and have any complications from the injuries that I will have no recourse because the case will be closed. I would like to have an additional year of medical care payments included in the settlement but the insurance company is only authorized to pay for treatment already received. How can I make sure that I receive a fair settlement that includes what may happen later as a result of the injuries?

Thanks

 

[NJInjury]

A settlement precludes you from filing any new PI claims when you sign it. I'm not sure if it also stops payments for any medical care you are presently getting.

However, if, after settlement, your injuries continue to be monitored, any treatment directly related to injuries as a result of the accident should be covered up to the limit of the insured's medical coverage. At least that is what any attorney told a family member who is presently in a PI suit. The attorney said that medical treatment will continue to be paid up to the policy limit (PIP) even after the PI case is settled.

Also, keep in mind that if your insurance (auto or health) paid any of your bills, they can subrogate and collect part of your settlement.

I'm sure that others more knowledgeable than I will correct any errors in my statement. Good luck.

 

[emartin890]

A settlement precludes you from filing any new PI claims when you sign it. I'm not sure if it also stops payments for any medical care you are presently getting.

However, if, after settlement, your injuries continue to be monitored, any treatment directly related to injuries as a result of the accident should be covered up to the limit of the insured's medical coverage. At least that is what any attorney told a family member who is presently in a PI suit. The attorney said that medical treatment will continue to be paid up to the policy limit (PIP) even after the PI case is settled.

Also, keep in mind that if your insurance (auto or health) paid any of your bills, they can subrogate and collect part of your settlement.

I'm sure that others more knowledgeable than I will correct any errors in my statement. Good luck.

I am not an attorney, and I am sure others here will pile in on this.. ONCE you settle you are done!!! They will NOT just pay bills on medical to policy limit.. Also if you pay the subrogation to your health insurance or med pay you can also be cut off for treatment relating to the accident.. If you are not Done treating.. do not settle!! Just watch the Statute of limitations..
I have just been through all of this.. My accident was 4/22/04. and I settled last week. Back injurys can bite you bad and be alot worse than it appears.. Do not settle until you are sure!!
Sue