Wondering if someone can tell me what the mumbo jumbo in this insurance settlement offer means? - Page 1

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[ARCHIVED THREAD] - Wondering if someone can tell me what the mumbo jumbo in this insurance settlement offer means?

Posted: 9/24/2014 8:17:14 PM EDT

My wife got in an accident almost a month ago. Multi-time loser failed to yield in a left when she was half way through the intersection, she almost managed to swerve, but t-boned him with her passenger side front corner. We agreed to a settlement for medical, and the vehicle yesterday, verbally. (Two separate settlements.) I haven't received the settlement offer in writing for the van, but I'm curious about the settlement offer for medical. If I sign and return it, it would seem to exempt them from having to actually pay for the van, or am I being paranoid?
I'm particularly curious about paragraphs 3, 4 and 5.

<Errr....technical issue with the firewall from work - can't post the pic of redacted settlement until I get home...it'll be a couple hours.>

Posted: 9/24/2014 8:18:21 PM EDT

[#1]

I don't see any documentation of what the settlement contains...?

Posted: 9/24/2014 10:02:54 PM EDT

[#2]

I don't see why you would sign a settlement for your wife's medical claim.

Posted: 9/24/2014 10:18:10 PM EDT

[#3]

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I don't see why you would sign a settlement for your wife's medical claim.

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I won't be, but it forbids third part claims.

Here is the settlement:

Posted: 9/24/2014 10:25:02 PM EDT

[#4]

3: you can't sue them. You extinguish all claims.

4: the settlement includes medpay portions.

5: they aren't admitting liability.

Posted: 9/24/2014 10:26:09 PM EDT

[#5]

Standard release language. That release does release property damage, so be careful. Some states differentiate between property damage and personal injury, and have different standards for releasing each type of claim. I don't know about yours.

There's nothing saying that you can't write on the pre-printed form something to the effect that property damage will be settled with a separate agreement, and cross out the reference to property damage in the release. Initial it and send it back. If they're happy, they'll send you a check or pay the bills. If not, they'll send it back. If they send it back, it will be a big clue as to how they view the agreement.

This is not legal advice.

Posted: 9/24/2014 10:40:36 PM EDT

[#6]

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3: you can't sue them. You extinguish all claims.

4: the settlement includes medpay portions.

5: they aren't admitting liability.

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So the medical bills come out of the dollar amount in the first paragraph?

Posted: 9/24/2014 10:49:12 PM EDT

[#7]

Quote History

Quoted:

So the medical bills come out of the dollar amount in the first paragraph?

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Quoted:

Quoted:
3: you can't sue them. You extinguish all claims.

4: the settlement includes medpay portions.

5: they aren't admitting liability.

So the medical bills come out of the dollar amount in the first paragraph?

Reads like medpay, which in MS is a separate benefit under the policy. My release is a lot longer than that one, and spells it out more clearly. I take it you didn't get an attorney licensed in your state to review?

Posted: 9/24/2014 10:55:37 PM EDT

[#8]

The size of that release means that the defense attorney had that file on a flat fee basis...

Posted: 9/24/2014 11:07:02 PM EDT

[#9]

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Quoted:

The size of that release means that the defense attorney had that file on a flat fee basis...

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It's a insurance company that insures clients with multi-DUIs. The experience has reflected that.

Posted: 9/24/2014 11:42:30 PM EDT

[#10]

Quote History

Quoted:
Reads like medpay, which in MS is a separate benefit under the policy. My release is a lot longer than that one, and spells it out more clearly. I take it you didn't get an attorney licensed in your state to review?

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View All Quotes

Quote History

Quoted:

Quoted:

3: you can't sue them. You extinguish all claims.

4: the settlement includes medpay portions.

5: they aren't admitting liability.

So the medical bills come out of the dollar amount in the first paragraph?

Reads like medpay, which in MS is a separate benefit under the policy. My release is a lot longer than that one, and spells it out more clearly. I take it you didn't get an attorney licensed in your state to review?

The amount of money is fairly trivial. I'm just trying to figure out if the medical bills come out of the cash settlement, because in that case, they already went over the cash amount.

Posted: 9/26/2014 3:57:22 PM EDT

[#11]

Don't sign until you ask an attorney licensed in your state to read it and explain it to you.

Posted: 9/26/2014 4:00:22 PM EDT

[#12]

Quote History

Quoted:
Don't sign until you ask an attorney licensed in your state to read it and explain it to you.

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Yep. Pay a few dollars, their experience will be well worth it.

Posted: 1/8/2015 12:42:57 AM EDT

[#13]

I know this post is old. But, FYI never ever ever sign a release to an insurance company. They can not deny you payment if you don,t. Medical problems can show up later related to an accident. Undiscovered damage to your auto could come to light. If you signed a waiver, your just screwed. It the insurance company way of saying screw you if anything else shows up.