by lm30 » Wed Oct 29, 2008 04:47 pm
Hi everyone,
I have a question about release forms from an auto insurance. Me and my children were passengers in a minor traffic accident. My son and me are still awaiting our e.r physician bills and we can't settle until we receive them but my daughter received all of her bills and was offered a settlement she is a minor so I have to sign for her but on the release form that the auto insurance sent doesn't specify that that it is for her only the only thing that has her name is where me and my husband sign it say mother of and her name and then father of and her name. I just want to make sure if I sign it that I am not settling for that amount and it covers all three of us because then that would barely be enough or not enoug at all to cover all of our medical bills. I also received a claim limitation notice and on there it specifies only her name but on another typed letter that was sent along says they are confirming the settlement amount for all claims against the insured. Can anyone help me with this issue is their tricky wording?
I have a question about release forms from an auto insurance. Me and my children were passengers in a minor traffic accident. My son and me are still awaiting our e.r physician bills and we can't settle until we receive them but my daughter received all of her bills and was offered a settlement she is a minor so I have to sign for her but on the release form that the auto insurance sent doesn't specify that that it is for her only the only thing that has her name is where me and my husband sign it say mother of and her name and then father of and her name. I just want to make sure if I sign it that I am not settling for that amount and it covers all three of us because then that would barely be enough or not enoug at all to cover all of our medical bills. I also received a claim limitation notice and on there it specifies only her name but on another typed letter that was sent along says they are confirming the settlement amount for all claims against the insured. Can anyone help me with this issue is their tricky wording?
Posted: Wed Oct 29, 2008 11:02 pm Post Subject:
I'm guessing her medical bills are not very much, say under $5000? I ask as usually a court needs to approve settlements with a minor that are around that amount or more. Every state is different.
I've seen very few good releases. Most of them, I can't even read. A good release is going to have your daughters name somewhere near the top but I've seen some that don't. if nothing else, I'd say the release should state something like, <ParentsName> signing for <DaughtersName> where it requires a signature. That is, there should be a clear indication who is signing for who.
I read what you wrote was on the release and it seems fine to me. It indicates that you are signing for your daughter. Meaning, it's the as as your daughter signing the release. Even though it states 'all claims against', it still only applies to your daughter... no one else. That is, you are signing it _for_ your daughter... not for yourself. So your not releasing their insured of all claims.
Just a note: when you sign your release it might contain your husbands name as well (the insurance company may not do this, though). Many do, as your husband has a right to make a claim for things such as Loss of Consortium, etc. I'm not saying that he actually suffered any loss through your injury... I'm just saying it's better release for the carrier if they put his name on there so they don't have to worry about him making a claim like that years down the road. It's up to you if you want his name on the release.
Posted: Wed Oct 29, 2008 11:28 pm Post Subject:
Is Loss of Consortium a loss due to the child being in the accident? I also thought the courts had to approve all settlements where a minor was involved due to the fact that they set that money up so it will go to them when they turn 18. I heard they put it in a cd or something of that nature. Will be going through this shortly myself...I actually like the idea of putting it in a cd but if it is a hassle I can just do it myself.
Posted: Wed Oct 29, 2008 11:41 pm Post Subject:
I mentioned the husband on loss of consortium... as it pertained to the OPs injury.
I don't know the laws in all states but I doubt there is a state that requires all settlements to be approved by the courts. If they did, nothing would get done. Usually I've seen thresholds.
Most of the time the money is paid to the parents if it's a small amount.
Posted: Wed Oct 29, 2008 11:45 pm Post Subject:
Thanks T. I imagine this is how they will go about my daughters. She had some whiplash and bruises so I am not really sure what to expect. She only treated with a doctor a few times and had er bills. Doesn't matter either way..I plan on putting it up in her savings we already have for her future. They aren't even looking at settling hers until mine is settled. Not sure why they are doing this but I have enough problems getting answers so I don't ask anymore.
Posted: Thu Oct 30, 2008 12:35 am Post Subject:
Loss of Consortium can be due to anything. One partner being too tired because the other partner can't clean the house, take care of the kid, etc. So the healthy partner has to do all the work and is just too tired to....hee hee...nookie.
(I love that word...nookie)
Posted: Thu Oct 30, 2008 12:53 am Post Subject:
Why then did my atty never mention this to me? Gosh my poor husband those first weeks (and sometimes even now) goes non stop. I have a really bad guilt case because he has soo much more that he has to do..sometimes I can not figure out why he doesn't get tired or disgusted with me...
Posted: Thu Oct 30, 2008 03:59 am Post Subject:
Most attorneys don't mention it as I think most adjusters just ignore it as "fluff". It's next to impossible to prove and unless the attorney is taking the claim to court for some reason, they really don't waste their time with it. Keep in mind that it's the spouse's claim, not the injured parties. So the attorney would need to present a separate claim and represent both parties. The injured parties claim would/could be settled and the attorney would be handling the spouses claim separately. It's probably just not worth the hassle to the attorney.
I handled a claim once where an ember from pyro got into someone's eye. Part of the claim was the husbands LoC. She went to the Dr. once and she was fine. They wanted something like $20,000 on a $150 medical bill. I explained that I needed an in-person statement. I got there and she was 6 months pregnant. I'm not making that up. How much loss companionship could there have been if they... well... were "doing it". :)
Posted: Thu Oct 30, 2008 06:18 am Post Subject:
I'd make sure that the claimant's name appears in the release form, otherwise wouldn't sign it. However, when her name is appearing on the release form and its mentioned that you are signing on her behalf, its alright to sign the form.
Loss of consortium :shock: never knew about it :D Great info Tcope ;)
Posted: Thu Oct 30, 2008 11:26 pm Post Subject:
I liked the last statement of your previous post T. I wouldn't consider it anyway..its been hard enough trying to recover my own losses...
Posted: Thu Oct 30, 2008 11:30 pm Post Subject:
Why then did my atty never mention this to me? Gosh my poor husband those first weeks (and sometimes even now) goes non stop.
Couple of recommended nicknames:
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