by Guest » Wed Jun 30, 2010 04:06 pm
Me and my husband were in an auto accident a couple weeks ago. It was not our fault. I am ok but he went to the hospital due to neck and head pain. He has a pre-existing condition where his spine is fused with a plate in the neck area. The accident was about 4 years ago and since he has fully recovered.
The ER doctor said his neck looks GREAT and his pain is probably muscles around the neck and shoulder along with future possible headaches.
The adjuster from the at-fault carrier has already offered a "quick' settlement amount which wouldn't even pay the mortgage for one month! At this point and time, they do not know he had a pre-existing condition. Can they go back on their word and not cover any of the pain & suffering once they find out? Should we just just take the lousy settlement or ask for a higher one considering our situation?
The ER doctor said his neck looks GREAT and his pain is probably muscles around the neck and shoulder along with future possible headaches.
The adjuster from the at-fault carrier has already offered a "quick' settlement amount which wouldn't even pay the mortgage for one month! At this point and time, they do not know he had a pre-existing condition. Can they go back on their word and not cover any of the pain & suffering once they find out? Should we just just take the lousy settlement or ask for a higher one considering our situation?
Posted: Wed Jun 30, 2010 06:13 pm Post Subject:
settlement amount which wouldn't even pay the mortgage for one month!
That's not the responsibility of the insurance company.
At this point and time, they do not know he had a pre-existing condition. Can they go back on their word and not cover any of the pain & suffering once they find out?
They will eventually find out once your husband's medical records are disclosed. I wouldn't worry about them going back on their word, I would worry about yourselves if you were asked about any prior injuries or treatment if asked directly.
Should we just just take the lousy settlement or ask for a higher one considering our situation?
You are entitled to ask for more, but you will be asked to prove the injuries and any long or short term effects from those injuries.
Posted: Thu Jul 01, 2010 05:22 pm Post Subject:
I would worry about yourselves if you were asked about any prior injuries or treatment if asked directly.
Why would there be concern?
Posted: Thu Jul 01, 2010 05:40 pm Post Subject:
Why would there be concern?
If you lied about about past injuries or were directly asked about a perticular injury that turned out to be false with the release of medical records-draw your own conclusions about the ramifications.
Posted: Thu Jul 01, 2010 05:54 pm Post Subject:
I understand that but the pain & suffering settlement is being offered from the at-fault carrier. In order for them to get any kind or type of medical records, my husband would need to sign a release (which he has not) and the "quick" settlement amount was offered only 4 days after the accident. Also, you mentioned about us not worry about them going back on their word so I take it a verbal offer is a binding contract.
By the way, I am in Pennsylvania.
Posted: Thu Jul 01, 2010 08:20 pm Post Subject:
In order for them to get any kind or type of medical records, my husband would need to sign a release
Signing this release (otherwise known as a HIPPA form or Authorization to Release/Request for an Individual's Health Information) is not a "release" or settlement of the claim. It's standard procedure for the medical settlement, I had to obtain 3 today. It's a step in the settlement process.
Also, you mentioned about us not worry about them going back on their word so I take it a verbal offer is a binding contract.
What I meant was, I would be more worried about a "time frame" of that $400, I don't know if a verbal is a contract in PA. If you don't think this acceptable, call the adjuster and make a counter demand and see what they say.
Posted: Thu Jul 01, 2010 11:54 pm Post Subject:
My husband did contact the adjuster, made a counter offer and it was settled. The adjuster is sending the paperwork for us to sign by FedEx and once received, the check will be mailed. My husband is happy and content..he was more worried that once they found out that he had a pre-existing condition, they would have dropped the settlement offer all together.
Thanks for your input!
Posted: Fri Jul 02, 2010 02:59 am Post Subject:
Your welcome, that's why we are here to help!
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