Settlement Questions

[alvarezjmc]

What is the name of your state? TX

I was rear-ended and the other driver admitted fault to his insurance and mine(she was text-messaging a friend when I was stopped at a red light). After an emergency room visit, I was diagnosed with a whiplash type injury. I have now completed 2 months of physical therapy and have had multiple discussions with the at-fault party's Ins. adjuster. Also, I have maxed out my PIP@$5000.00. My med. bills/lost wages are:

Medical : $6300.00 Billed
Med. Out of Pocket: $600.00
Lost wages: @$1200.00(not included are days in which I used vacation time to offset not working.. it is an hourly position)

After my PIP was exhausted I am left with @$1800 in medical bills. I was offered $6200.00 at first plus the $1800 paid. Then after talking to the adjuster again with more info of lost wages etc. I was offered $7700.00 in addition to $1800 directly paid to the Hospital/Doctors. He states that is the highest he is authorized to give for this case. Although the offer does not seem too unfair, I have a couple of questions.

(1) When I received the settlement release form it states that I will receive up to $7700 but does not say anything about the $1800 owed in bills.
When I asked the Adjuster about this he stated that he WILL pay the $1800 and I WILL receive a check for exactly $7700
So, if I signed this release would I be legally responsible for the $1800 if they decide not to pay it, since it is not in writing?

(2) Does this offer sound low? I've also considered consulting with a lawyer. I just don't want to get the short end of the stick when it's all over especially if I'm stuck with the $1800 med. bills

ThanksWhat is the name of your state?

 

[IrishNodak]

Personally, I wouldn't sign it without seeing a lawyer. Many accident/injury lawyers offer free consults. IF you sign that, you can't change your mind. We once signed a settlement offer and found out the adjuster lied to us. Plus, even tho' my injury was really nothing, I had medical bills come in MONTHS later that I didn't realize I'd get. I wouldn't sign away my rights to something that doesn't specify future or current medical bills in WRITING.

The lawyer will probably negotiate a larger offer but remember he will get a fee. Still worth it tho'.

 

[ecmst12]

You are NEVER going to get a settlement that specifies any future payments will be allowed. The point of settling is that the case can now be closed; if you're not ready to close the case, the insurance company has no reason to pay you. It's YOUR responsibility to contact all your doctors and make sure everything that you've had done has been billed before accepting settlement (or even asking for it).

 

[alvarezjmc]

You are NEVER going to get a settlement that specifies any future payments will be allowed. The point of settling is that the case can now be closed; if you're not ready to close the case, the insurance company has no reason to pay you. It's YOUR responsibility to contact all your doctors and make sure everything that you've had done has been billed before accepting settlement (or even asking for it).

The amount that I specified that was not written into the settlement was $1800. This amount has already been billed. I have already called all doctors/hospitals that I have attended. The main concern I have is that the adjuster told me several times that I would receive a check for the amount of $7700 and that he would pay the $1800. When the settlement release form came in, it said nothing about the $1800. Would I be responsible for the $1800 because it's not in writing even-though he verbally agreed that he would pay?

 

[fcobarr]

What he says and does are two different things. Unfortunately, it's difficult to trust people these days.

Why not just ask the adjuster to state in the release that he is sending an additional $1800 to person/facilty for invoice # blah, blah, blah. If he is apprehensive, then I would say is intentions are questionable and don't sign the release. If it is his intent to do that, then there should be no problem adding some verbage to the present release.

Or, tell him to pay the open medical bills and once you confirm they are paid with the provider. then you will gladly sign the release and accept the $7700.

Good luck.