QUESTION
How can I claim my personal injury from a car accident?
Asked on Sep 20th, 2011 on Personal Injury - Illinois
More details to this question:
I was in a car accident that injured my back. I was led to believe that although I was settling the pain & suffering portion of the claim, they would still pay related medical bills. I now need surgery and have no insurance and Safeco is saying that the claim is closed. Is there anything I can do? I am in terrible pain.
26 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Call me with the particulars of the settlement.
Answered on Jul 09th, 2013 at 12:14 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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It is not clear what you did or did not do. In an car accident, there are normally, 2 separate insurance companies, handling 4 separate claims, one of them being medical expenses, another being lost wages.
Answered on Jun 21st, 2013 at 2:00 AM
Sounds as if you signed a release that settled everything.
Answered on Jun 21st, 2013 at 1:51 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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You need to reread the Release that I'm sure that Safeco made you sign in exchange for the check. Generally when a party enters a settlement it is a full and final settlement, with no provisions allowing for payment of future medical payments. So, unfortunately I think that you are mistaken regarding the payment of future medical bills. Again, the document that you signed will control and override anything that may have been told to you by the adjuster. I'm sorry to hear that you are in terrible pain.
Answered on Sep 26th, 2011 at 7:55 AM
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You should have been advised by your attorney that settling your case would result in the closure of the file and inability to recover further damages. The release you signed stated specifically what you were "releasing". You should go back to that attorney and request copies of your file, and speak to an attorney that does legal malpractice cases.
Answered on Sep 23rd, 2011 at 12:53 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have to ask them to re-open the file. Depending on the reason why it was closed they might re-open it. Otherwise, you can go to a doctor and ask the doctor to submit the bill to Safeco and see what happens. If it gets denied, then the doctor can fight it by mail and by phone through a No Fault Arbitration.
Answered on Sep 23rd, 2011 at 8:50 AM
Theodore W. Robinson
No, once you've settled the matter, it is over. That's why they have you sign a General Release form.
Answered on Sep 22nd, 2011 at 7:44 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you signed a release, you have waived your rights.
Answered on Sep 22nd, 2011 at 6:59 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If you signed a release when you received your settlement it is very likely that it precludes you from seeking any additional damages. Your lawyer should have explained this to you. It sounds like you may not have used an attorney, since an attorney will typically not even discuss settlement until the client is done all treatment. If you didn't have a lawyer, you make an excellent example of why people should never negotiate a serious bodily injury claim without an attorney. If you did have an attorney, something was seriously wrong in settling your case before you were done treating.
Answered on Sep 22nd, 2011 at 5:33 PM
Steven D. Dunnings
If you had auto insurance at the time of your accident, your auto insurance carrier is responsible for your medical bills.
Answered on Sep 22nd, 2011 at 5:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your medical bills are supposed to be paid by No-Fault. Submit your claim to your No-Fault carrier. If they deny the claim, they must do so in writing, and you can appeal.
Answered on Sep 22nd, 2011 at 4:45 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, if you signed a Release then it is likely that you cannot recover any more from the insurance company. This is one of the situations that I always warn people about when trying to decide whether to hire my firm. Insurance companies are often misleading when attempting to get someone to sign a release or to settle a claim. Although this does not help you at this time, this is a prime example as to why an attorney is necessary following an automobile accident where injuries are suffered.
Answered on Sep 22nd, 2011 at 4:37 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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If you signed a release, then you will probably not be able to ask them for any more compensation. There are limited circumstances where people are lied to or forced to settle under duress, than can invalidate a release. Best thing to do is speak to an attorney that has experience with your kind of circumstance.
Answered on Sep 22nd, 2011 at 4:36 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Not if you already settled the case. Maybe apply for social security disability to get Medicare.
Answered on Sep 22nd, 2011 at 12:50 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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In all probability, you signed a release discharging the negligent driver from all liability. If so, you will not be able to recover anything further, despite your need for additional medical attention. This is one of the problems we typically see when injured persons don't hire a lawyer.
Answered on Sep 22nd, 2011 at 12:41 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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You should have called a lawyer before you did anything. Unfortunately, now that you have settled there is nothing you can do. You gave the insurance company a complete release, and in return, they gave you money. If the insurance company got you to settle by fraud, you would have an argument to overturn the settlement. I am willing to bet that the release you signed made enough disclosures that you will be unsuccessful in challenging it, as I have seen a lot of Safeco releases. Folks who think that they can save an attorney fee and handle their injury case without an attorney are taking a huge risk. I am sorry to tell you, but it sounds like you got burned.
Answered on Sep 22nd, 2011 at 12:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were truly led to believe that the carrier would pay you damages for your personal injury and would also agree to pay unlimited additiona l b ills in the future, and now they are denying the agreement (assuming there was one), then, in that case you are a victim of fraud and misrepresentation. No insurance carrier does this sort of thing so if the adjuster told you that he would be guilty of fraud.
Answered on Sep 22nd, 2011 at 12:09 PM
I am very sorry to hear about your problem. If you settled your claim with the at fault party (your "pain and suffering" claim as you call it), and by settling I mean you signed a release, then you have given up all your rights to go after the at fault party and its insurance company. Medical bills do not remain open, unless that was written into the release. In Massachusetts, there is a pocket of insurance called Personal Injury Protection benefits, or PIP, from the car you were in at the time of the accident. This money is available to you regardless of fault. However, there is a total of $8000 available. When you are hurt, this part of the policy will pay the first $2000 in medical bills from your accident. If you have private health insurance, then all remaining bills must be submitted to your health carrier. If you have no health insurance, then PIP will continue to pay up to $8000. All medical treatment must be reasonable and necessary for PIP to pay. Perhaps you can try there.
Answered on Sep 22nd, 2011 at 12:07 PM
2 Awards
If you signed a settlement release agreement there is unfortunately nothing you can do. This is why it is always important to consult with a personal injury attorney on all injury claims.
Answered on Sep 22nd, 2011 at 11:52 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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When you sign a release provided by the insurance company, you are signing a contract. It is important to read the contract thoroughly because when you sign it you are giving up very important legal rights in exchange for money. The release often contains language at the end stating that you read and understand all the terms in the contract. If you have a copy of the release you should re-read it and see if it actually releases the insurer and the insured for all damages, including past and future economic damages (medical bills etc.) and non-economic damages (pain and suffering). Most likely it does. In that case you are probably out of luck. There are limited circumstances under which a court could deem your release to be invalid, you should contact an experienced personal injury attorney and discuss all of the facts of your case and the circumstances under which you signed the release to get a solid legal opinion as to your options.
Answered on Sep 22nd, 2011 at 11:52 AM
Your personal injury question illustrates one of the hazards of dealing with insurance companies without the benefit of a personal injury lawyer. You need to check the documents which you signed to see if a general release or settlement of all claims was intended. My guess is that you probably signed away your claim with a full release. You should take the documents to a personal injury lawyer to see if there is any potential for setting aside the release and reopening the claim. Possible arguments include fraud and mutual mistake.
Answered on Sep 22nd, 2011 at 11:45 AM
Gary Moore
You seemed to have settled your claim without the assistance of an attorney and prematurely. A personal injury claim should not be settled until the full extent of the injuries and the losses can be determined. Secondly, medical bill from a car accident are supposed to be submitted to YOUR car insurance carrier under your personal injury protection coverage of your car insurance. Was this done?
Answered on Sep 22nd, 2011 at 11:30 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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This is not the kind of advice I can give you in a vacuum without seeing the paperwork you signed. In Florida, your personal injury protection insurance on your own car is responsible for paying for 80% of your medical bills. If you were led to believe the at-fault's insurer would continue to pay your medical bills, then you were misled. I would advise you to consult with a personal injury attorney promptly, and bring all of your paperwork with you when you go. Most personal injury attorneys give free initial consultations, and work only on contingent fee bases.
Answered on Sep 22nd, 2011 at 11:29 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes- you can sue your own insurance company for the PIP benefits. Please contact me at (313)402-0853 or online at kliszlaw.com to get started.
Answered on Sep 22nd, 2011 at 11:29 AM
You may still have a claim, providing that you have not waited to long to notify your own insurance company or sue the other driver. You are going to need a lawyer to help sort out your case.
Answered on Sep 22nd, 2011 at 11:28 AM
3 Awards
You may be able to re-open the case, especially if you settled the case without a lawyer.
Answered on Sep 22nd, 2011 at 11:27 AM