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Synopsis of my car accident and update

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Ditwar

Member
Hello

I had an car accident almost a year ago. It was not my fault. I was injured in my neck and lower back. The other person crashed into my car in the right side, in the back passenger door. On impact, the car turned about 180 degrees looking almost in the opposite direction.

Because of the nerves at that time, I did not feel any pain. My entire body was on adrenaline. Fortunately, a woman who was preparing to go down the street saw everything and was my witness that it was not my fault, that the other party came after me and hits me.

The police officer found the other party guilty and before he could give her the ticket, the lady left the scene of the accident to the surprise of the police officer and all of us who were there. But he could take her information before.

My car was totally lost. One and half month after the accident I got an MRI of my back and a herniated disc was discovered. I had never had problems with my lower back and now I suffer from pain every day, pain that irrigates the buttocks, legs and feet. Also, I have pain in my neck, but no so often as my lower back.

The chiropractor diagnosed in that I have torn ligaments in my neck and that the prognosis is that my neck will get worse and suffer pain. He told me that the lesson was recent.

I have already been to two neurosurgeons, one diagnosed me with SI joint dysfunction in addition to the herniated disc and said these injuries may have come from the accident. I had an virtual consultation with another neurosurgeon but he did not give me an accurate diagnosis, only told me that all my pain is due to the herniated disc, that is a permanent injury and that the prognosis is that my condition will get worse.

I have an attorney, but I have also had the impression in many moments that they work more for the other party than for me.

At the end of May I sent an Email to my lawyer asking if they can include in the settlement the sentence that state that the settlement may be reopened in the event that she committed fraud in the responses she gave. Because I have enough reasons to not believe her.

They answered that they understand and that my request is a reasonable one. That they will reach out to the adjuster to let her know that we need this stipulation specified in the Release for me to sign it.

After one and half month not hearing from them, and asking 2 times for follow up regarding my case, waiting until they come back from vacation and contact me. I got an Bodily Injury Release document for me and my husband to sign. “They wrote at the end of the document Any statements made therein that are found to be inaccurate or fraudulent now or at any time in the future will void this Bodily Injury Release.”

Ok that look good so far, but there is something very strange: they included 2 other names, 2 other persons that I don’t know who they are, and I don’t know what they have to do with this case, as people that I should release from any future claim.

As far I know, she is divorced, she wrote that in her statement, she was alone when we had the accident, in her affidavit statement, there is only one person: she

So I asked myself why I have to release two people I do not know? Could be that they have a financial responsibility in this case as the reason why they are in the release? For a example a husband in the case of someone married or a parent in case of a minor? If this is the case, why I don’t have a affidavit or statement of their assets? Could be people in the same insurance policy?

So I wrote an Email my attorney asking who are these people and what they have to do in my case. They did not answer my question. They did not answer my question, instead, they simply answered that they were going to erase the names of the other people and only leave the name of the woman who caused the accident.

But I did not want to stay with that answer and insisted that they tell me who are these people, what they have to do in my case and why were their names written on the release? Their answer was only that the 2 persons are the other people on the insurance policy with the lady who crashed my car and that they were not involved in the accident.

Have you ever heard of a lawyer wanting to release other persons in the same policy of the person at fault?
Is the behavior of this lawyer not strange due his short and brief answers? In fact, they did not answer all my questions because, they did not answer what these people have to do with my accident and why were they in the document. Could be that they also have a liability in this case?
 


Taxing Matters

Overtaxed Member
Have you ever heard of a lawyer wanting to release other persons in the same policy of the person at fault?
Yes. Indeed, that is not at all uncommon. The insurance company lawyer in fact should insist on that!

Could be that they also have a liability in this case?
Yes, depending on the applicable state law and the exact circumstances of what occurred, though it's not common. However, having more people liable for this does not increase the damages you'd be entitled to claim in the accident. It simply means that you'd have more people to go after to collect it. So if the insurance settlement is fair as it is now — you are satisfied with it — then releasing the other policy holders is no big deal because you don't need more people to go after to collect. The insurance company is paying you so you don't have to worry about collection of the amount owed to you.

Is the behavior of this lawyer not strange due his short and brief answers? In fact, they did not answer all my questions because, they did not answer what these people have to do with my accident and why were they in the document. Could be that they also have a liability in this case?
Some lawyers only provide brief answers to questions, for various reasons. That's just how they are. It certainly would have been better had your lawyer provided more of an explanation of why the release would include other policy holders and why that would not hurt you so that your concerns would be satisfied, but it does not mean the lawyer is up to anything shady or that the lawyer doesn't know what to do in regards to the settlement.
 

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